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HomeMy WebLinkAbout11/20/1990 MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: November 16, 1990 1 . Attached are the October 10, 1990 minutes of the Downtown Ad Hoc Committee. 2 . Attached is a memorandum from the City Planner regarding Planning Commission Meeting Attendance. 3 . Attached is the Revenue and Expenditure Reports as of October 31, 1990. 4 . Attached are the June 4 , Sept. 4 , Sept. 10, Aug. 6 and Oct. 1, 1990 minutes of the Shakopee Public Utilities Commission. 5 . Attached are the May 16, Sept. 3 and Oct. 12 , 1990 minutes of the Civil Service Commission Meetings. 6 . Attached is the Police Newsletter for City Council review. 7 . Attached is a memorandum from the Public Works Director regarding County Road 77 Realignment. 8 . Attached is a memorandum from the Public Works Director regarding Pavement Preservation Budget. 9 . Attached is the November 19, 1990 agenda for the Shakopee Cable Communications Advisory Commission. 10. Attached are the July 24 , 1990 minutes of the Shakopee Cable Communications Advisory Commission. i Minutes of the Downtown Ad Hoc Committee City Council Chambers October 10, 1990 Chairperson Keen called the meeting to order at 7 : 50 a.m. with Commissioners B. Wermerskirchen, Kahleck, Fonder and Keen present. Commissioners D. Wermerskirchen and Phillips were absent. Barry Stock, Assistant City Administrator and Lindberg Ekola, City Planner were also present. Fonder/B. Wermerskirchen moved to approve the minutes of the September 12 , 1990 meeting as kept. Motion carried unanimously. Mr. Stock stated that on September 19 , 1990 he presented the wall mural design standards to the Community Development Commission (CDC) for their review and comment. Mr. Stock noted that at that time, the CDC was concerned about how the wall murals would be maintained over the long term period. Mr. Stock stated that the CDC moved to refer the wall mural design standards back to the Downtown Committee for further refinement. Mr. Stock also noted that the City Attorney has stated numerous concerns regarding the vagueness of the standards and the enforceability thereof. Mr. Stock stated that in regard to maintenance, he felt the Committee could establish a provision which required the applicant to submit a performance bond or some other type of financial security in an amount equal to two times the wall permit application fee. Mr. Stock stated that this security could then be held to insure that the applicant maintained the wall mural . Commissioner Fonder questioned why we needed so many standards to get a wall mural established in downtown Shakopee? He also questioned whether or not the current ordinance provided for the placement of wall murals. Mr. Stock stated that the current sign ordinance does provide for the establishment of wall murals, providing that the applicant obtains a Conditional Use Permit. Mr. Stock stated that in conjunction with a Conditional Use Permit application there is a $185 . 00 processing fee. Mr. Stock explained the process for obtaining a Conditional Use Permit. Mr. Stock noted that technically the Planning Commission cannot deny a Conditional Use Permit, but that they can place conditions on the permit similar to the wall mural design standards that we are trying to establish. Mr. B. Wermerskirchen stated that the establishment of a financial security for maintenance seemed as burdensome as the Conditional Use Permit process . Mr. Stock reminded the Committee that should a downtown business owner be interested in a wall mural that they could apply for the Rehab Grant Program, which would cover 25% of the cost including any application fees. Commissioner Fonder stated that if a business owner really wanted a wall mural, they would probably be willing to pay the additional $185 . 00. Minutes of the Page -2 Downtown Ad Hoc Committee October 10, 1990 Commissioner Kahleck stated that at the last meeting it was decided that the Planning Commission should not be deciding design issues. Mr. Ekola stated that while this is true, the Conditional Use Permit has been used in Shakopee as a catch-all provision to insure the certain things are done properly and that a review can be completed. Commissioner Fonder stated that he felt that the existing process was adequate to address wall murals. Fonder/B. Wermerskirchen moved to maintain the status quo in regard to wall murals in the B-3 zone. Motion carried unanimously. Mr. Stock shared with the Committee a concept regarding the possible future use of the existing City Hall. Mr. Stock suggested that perhaps the City Council or Housing and Redevelopment Authority (HRA) might be interested in developing the existing City Hall space for retail incubator purposes. Mr. Stock noted that the Downtown Committee, as well as the City Council has been attempting for quite some time to identify methods for attracting more shoppers into the downtown area. Mr. Stock stated that the retail incubator concept would provide new entrepreneurs with the opportunity to start a business. The benefit to the new business owner would be lower rental rates than what could be achieved on the open market. The thought being that once these business owners can stand on their own two feet, they would obtain other retail space somewhere else in the community. Mr. Stock stated that perhaps the entire concept could be done on a break even situation for the City. Mr. Stock went on to state that if the project was done properly, it could in itself serve as a visitor attraction. Commissioner Fonder stated that he felt that the concept was a good one and that it deserved further consideration and investigation. He also stated that he would not object to allowing successful business within the incubator to occupy the space for a longer time frame. Mr. Fonder questioned whether or not the City Council or HRA would want to get into the business of being a landlord. Mr. Stock stated that this is a major issue that would have to be discussed in great detail . Additionally, Mr. Stock stated that there might be some objection from other retailers in the community who feel deprived because they did not have the opportunity to participate in the program. Mr. Stock noted that we would also have to set up some kind of guidelines where the incubator businesses would not be in direct competition with existing businesses in the community. B. Wermerskirchen stated that some business owners would object to competition and others might be in favor of it. The bottom line is that this type of concept would attract people into the area who would then be exposed to the other retail businesses downtown. It was the consensus of the Committee that staff should pursue the idea further and attempt to gather some preliminary financial data on whether or not it would be cost effective. Kahleck/Fonder moved to adjourn the meeting at 9 : 00 a.m. Motion carried unanimously. MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner RE: Planning Commission Meeting Attendance DATE: November 16, 1990 INTRODUCTION: At the August 4 , 1990 meeting the City Council requested that staff report in three months on the Planning Commission attendance. With the exception of one excused absence for an illness, there have been no other absences. The attendance, and even more importantly, the participation has been excellent. 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C= Q X f Z Z 1-I OZ Q>Q>WWWWW0Z W OOOOO'W(l:W(Y 0wwf1'.'ZF-W0OWM O MAX Q W C' Q W 0 0 U D 00000.0-0.0-X3M 0. 001 0wu)0Jaa4-N0-4-1O(c0011 Cl) 10.0 0 C. 1- 1- W 0 0 O 0 00ONO-+O--INMO-+N « OInNONNO0M0-1000000-1()M A-4-1Nmmv.-4-4-4NNm040NcoMmmm cc0 0) O Q -1 « 0 « N 0) Z0 O-IMMVVVVU)U)U) « N N N N N N M M M C M MM MM M M M C')V « U)U) « N « 0) « 0) « -1 W vvVQVQvvQVQ « QvvvavvvvvQCVVQVQOQQ « cr. « Q « Q « cr « N F- U -1 a w C7 w Q U a CI_ Z V H Q) (D Q O O co 0) W)- 1 H M d 0 -1 Q Q (D LL If) O O F- U — N H Q (0 Q "'I c 0) Q N w M }Z O H 0 F- 0 H C 0- 0 O K CO d M d F- F- O a 0 a w W U Z � d W 2> K N Z 0 H -J Q O) 0 M Z 0 M Z Q LO w w 0_ CL 00 X ry W 0 Z 0 H H CC a 0 CC a a w J 0 Q W Z 1- W 0 0. w O F- O �( J F- p Q Qn z 2 K H to w c W Z W W N O OW O > F --1 F- H O Z C.) 0 O O O o) Z rn < -r L MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on June 4 , 1990 at 4 : 30 P.M. in the Utilities meeting room. MEMBERS PRESENT: Commissioners Kephart , Kirchmeier and Cook. Also Liaison Wampach, Manager Van Hout and Secretary Menden. Motion by Cook, seconded by Kirchmeier that the minutes from the April 2 , 1990 regular meeting and the May 7 , 1990 regular meeting be approved as kept . Motion carried. BILLS READ: City of Shakopee 20 , 032 . 00 ARA/Cory Refreshment Services 66 . 00 American Public Power Association 2 ,271 . 08 Aqua Engineering, Inc . 62 . 95 Auto Central Supply 9 . 09 B & B Transformer, Inc . 951 . 00 R .W. Beck and Associates 9 , 581 . 74 Border States Industries, Inc. 2 , 504 . 38 Bro-Tex Inc . 88 .87 Burmeister Electric Co. 362 . 00 Business Outfitters 731 . 92 City of Shakopee 1 ,026 . 42 Clay' s Printing Service 280 . 35 Dakota Printing 175 . 48 Ditch Witch of Minnesota , Inc . 732 . 81 James Dunning 38 . 16 Fresco 79 . 22 General Office Products Co . 21 . 48 Gopher State One-Call , Inc . 441 . 00 Graybar Electric Co. , Inc . 1,795 . 44 H & C Electric Supply 508 . 93 Hance Cable Testing 422 . 00 Heavy Duty Air, Inc . 1 ,489 . 05 Hennen ' s ICO 4.00 Jaspers Strefland and Co. 6, 900 . 00 F .F.Jedlicki , Inc . 524. 00 Jerry' s Lawn Service 470 . 32 Ken' s Steel Door Repair Service 131 . 95 Krass and Monroe Chartered 37 . 50 Lano Equipment , Inc . 625 . 00 4- Lathrop Paint Supply Co. 11 . 95 Layne Minnesota Company 21 . 98 Leef Bros . , Inc . 22 . 50 Locators and Supplies 194 . 94 Maggie Klein/Gene Brown Realty, Inc . 100 . 00 Minnesota Municipal Utilities Association 760 . 00 Minnesota, State Board of Architecture Eng. 58 . 00 Minnesota Valley Testing Laboratories , Inc . 127 . 00 Motor Parts Service Co . , Inc . 28 . 80 Nebraska Municipal Power Pool 360 . 00 Ted Neisen 473 . 10 Northern Sanitary Supply Co . , Inc . 245 . 25 Northern States Power Co . 332 . 32 Northern States Power Co . 728 . 56 Northern States Power Co . 347 ,953 . 62 Otter Tail Power Company 75 . 81 Parkside Printing, Inc . 115 . 44 Pitney Bowes , Inc . 476 . 50 Plehal Blacktopping, Inc . 1 ,854 . 00 Phone Center 38. 00 E.H. Renner and Sons 660 . 00 Reynolds Welding Supply Co. 3 . 90 Kent Sanders 161 . 81 Sensus Technologies , Inc . 167 . 53 Shakopee Postmaster 3 ,000 . 00 Shakopee Public Utilities Commission 67 . 31 Shakopee Services, Inc . 7 . 38 Sport About 138 . 00 Starks Cleaning Services 68 .00 Truck Utilities Mfg. Co. 51 . 49 U.S . West Communications 360 . 62 Lou Van Hout 73 . 51 Voss Electric Supply Co. 66 . 15 Woodhill Business Products 455 . 40 Yarusso ' s Hardware Co . 63 . 40 Feed-Rite Controls, Inc . 25 . 00 Schoell and Madson, Inc . 126 . 36 Valley Industrial Propane, Inc . 23 . 21 Motion by Kirchmeier, seconded by Cook that the bills be allowed and ordered paid. Motion carried. Liaison Wampach informed the Commission of the many requests for street lights that have been received by the Council . The Council will be making a decision shortly as to the need and the cost assessment . The Shakopee Public Utilities Commission options for watermain reconstruction due to the downtown bypass were discussed. The estimated cost for engineering and for construction were given by Manager Van Hout . Motion by Kirchmeier, seconded by Cook that the Shakopee Public Utilities Commission approve the engineering and the final construction costs for watermain replacement at our options for First Avenue, approximately seven blocks . Motion carried. A contract form has been sent to Manager Van Hout for signature from George Little, Engineer for H. D.R . regarding the electrical relocation for the downtown bypass . Motion by Cook, seconded by Kephart that the Shakopee Public Utilities Commission approve the proposal for the engineering of the electrical relocation for the downtown bypass made by H.D.R. Motion carried. The easement value for the site of Well $8 was discussed. A proposal was made to the Shakopee School district and we are waiting to hear back from them. Manager Van Hout reported on a request made to the Planning Commission for an overhead line . A Service Area Status report was given by Manager Van Hout . Testimony has been given by both parties with rebuttal testimony to be given in the near future. A copy of a supplement to the audit was given to the Commission by Manager Van Hout . Motion by Kephart , seconded by Kirchmeier to authorize Manager Van Hout to sign the contract with Northern States Power Co. for the load management program. Motion carried. There were no new plats for May, 1990 . There were no lost time accidents for May, 1990 . The next regular meeting of the Shakopee Public Utilities Commission will be held on July 2 , 1990 in the Utilities meeting room. Motion by Kirchmeier, seconded by Kephart that the meeting be adjourned. Motion carried. 74 MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on Sept . 4 , 1990 at 4 : 30 P .M. in the Utilities meeting room. MEMBERS PRESENT : Commissioners Kephart , Kirchmeier and Cook. Also Manager Van Hout and Secretary Menden . BILLS READ : _ City of Shakopee 20 , 032 . 00 ARA Services 52 . 00 Barton Sand & Gravel Co . 65 . 44 R. W. Beck & Associates 22 , 919 . 49 Bentz Construction , Inc . 480 . 00 Border States industries , Inc . 8, 980 . 98 Burmeister Electric Company 654 . 14 Business Outfitters , Inc . 51 . 28 C . H. Carpenter Lumber 55 . 15 Chicago & Northwestern Transportation Co. 180 . 00 City of Shakopee 899 . 00 City of Shakopee 40 . 50 Clay ' s Printing Service 299 . 60 Crown Marketing, Inc . 97 . 53 Copy Duplicating Products , Inc . 33 . 50 DPC Industries , Inc . 1 , 616 . 54 Davies Water Equipment Co. 80 . 53 Dem-Con Landfill , Inc . 10 . 00 Ditch Witch of Minnesota , Inc . 71 . 28 Dressen Oil Co. 58 . 03 General Office Products Co . 30 . 62 Glenwood Inglewood 18 . 55 Gopher State One-Call , Inc . 293 . 50 Graybar Electric Co. , Inc . 6 , 046 . 97 Grommesch Sod Service 45 . 00 H & C Electric Supply Co . 2 ,049 . 20 HDR Engineering, Inc . 1 , 505 . 00 Hance Cable Testing 418 . 00 Hennen ' s ICO 10 . 13 Howard Industries , Inc . 13 ,110 . 00 Instrumentation Services , Inc . 24 . 13 Krass & Monroe Chartered Law Office 215 . 70 114 Janet Labarre 15 . 61 Leef Bros. , Inc . 22 . 50 Marquette Bank of Shakopee 60 . 10 McGrann Shea Franzen Carnival Straughn & Lamb Chartered 38,426 . 16 Metro Sales Incorporated 39 . 94 Minnesota Valley Testing Laboratories, Inc . 32 . 00 Kirkwold Construction Co. 2 ,089 . 93 Motor Parts Service Co . , Inc . 19 . 64 Nebraska Municipal Power Pool 60 . 00 Ted Neisen 385 . 45 Northern States Power Co. 332 . 32 Northern States Power Co . 1,094 . 44 Northern States Power Co. 440 , 264 . 61 Parkside Printing, Inc . 148 . 92 Pitney Bowes 100 . 50 Schoell and Madson, Inc . 327 . 55 Shakopee Public Utilities Commission 131 . 39 Shakopee Services, Inc . 43 . 46 Shenehon and Associates, Inc . 28, 539 . 76 Starks Cleaning Services, Inc . 68 . 00 Total Tool 104 . 57 United Compucred Collections, Inc . 225 . 00 Louis Van Hout 62 . 11 Vision Energy Resources 23 . 21 Water Products Co. 1 , 586 . 66 Westinghouse Electric Supply Co . 2 , 318 . 00 Woodhill Business Products 285 . 66 Yarusso' s Hardware Co. 19 . 01 Plehal Blacktopping, Inc . 586 . 00 Precision Laboratories , Inc . 217 . 60 Voss Electric Supply Co . 109 . 20 Simon-Midwest , Inc . 52 . 70 Motion by Cook, seconded by Kirchmeier that the bills be allowed and ordered paid. Motion carried. The meeting was adjourned to Sept . 10 , 1990 at 4 : 30 P .M. Motion by Kirchmeier, seconded by Cook, to adjourn. Motion carried. Barbara Menden, Commission Secretary MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on August 6 , 1990 at 4 : 30 P.M. in the Utilities meeting room. MEMBERS PRESENT : Commissioners Kephart , Cook and Kirchmeier. Also Manager Van Hout , Liaison Wampach and Secretary Menden. Motion by Cook, seconded by Kephart that the minutes of the regular meeting of July 2 , 1990 be approved as kept . Motion carried. Commissioner Kirchmeier abstained. Motion by Kirchmeier, seconded by Cook that the minutes of the special meeting of July 18 , 1990 be approved as kept . Motion carried. Commissioner Kephart abstained. The minutes from the June 4, 1990 regular meeting were tabled. BILLS READ: City of Shakopee 20 ,032 . 00 ABM Equipment & Supply Inc . 128 . 90 ARA/CORY Refreshment Services 88 . 00 AT & T 18 . 57 Auto Central Supply 4 . 89 R. W. Beck and Associates 18, 541 . 62 Bentz Construction, Inc . 1 , 568 . 00 • Border States Industries , Inc . 940 . 88 Burmeister Electric Company 234 . 72 Champion Inc . 3 ,820 . 00 Chanhassen Lawn & Sports 53 . 58 Chicago & Northwestern Transportation Co. 180 . 00 City of Shakopee 114 . 18 City of Shakopee 215 . 34 City of Shakopee 1,866 . 28 City of Shakopee 58, 681 . 00 City of Shakopee 512 . 31 Clay' s Printing Service 82 . 40 Communications Auditors 16 . 00 Computerland 125 . 00 DPC Industries, Inc . 948. 45 Davies Water Equipment Co. 205 . 88 Ditch Witch of Minnesota , Inc . 321 . 54 Dressen Oil Co. 24 . 57 Express Messenger 24 . 65 Feed-Rite Controls , Inc . 52 . 60 General Tire Service 402 . 70 Glenwood Inglewood 13 . 90 Gopher State One Call 42 . 50 Gopher State One-Call , Inc . 366 . 00 Graybar Electric Co . , Inc . 2 , 634 . 02 H & C Electric Supply 452 . 80 HDR Engineering, Inc . 7 , 580 . 73 Hance Cable Testing 972 . 00 Howard Industries , Inc . 4 , 288 . 00 Instrumentation Services , Inc . 151 . 91 F . F . Jedlicki , Inc . 1 , 372 . 50 Jerry ' s Lawn Service 59 . 00 Krass & Monroe Group 259 . 55 Lano Equipment , Inc . 79 . 20 Leef Bros . , Inc . 22 . 50 Minn . Environmental Quality Board 312 . 86 Minn . Municipal Utilities Ass 'n. 700 . 00 Markhurd 260 . 00 McGrann Shea Franzen Carnival Straughn & Lamb Chartered 10 , 857 . 20 MVA Company 232 . 20 Minn . Valley Testing Laboratories , Inc . 48 . 00 Morley Bus Company 120 . 00 Motor Parts Service of Shakopee 23 . 20 NAPA Auto Parts 40 . 90 Nebraska Municipal Power Pool 90 . 00 Ted Neisen 569 . 30 Northern States Power Co. 1 , 559 . 84 Northern States Power Co . 332 . 32 Northern States Power Co . 470 , 313 . 91 Office Products 439 . 38 Otter Tail Power Company 124 . 82 PowerManager Support 35 . 00 Precision Metal Fabricators 10 . 00 Reynolds Welding Supply Co . 7 . 93 Rodack Enterprises 161 . 00 Schoell & Madson, Inc . 5 . 00 Scott County Sheriff 442 . 20 Shakopee Postmaster 3 ,000 . 00 Shakopee Public Utilities Commission 331 . 70 Shakopee Services , Inc . 86 . 92 Simon-Midwest , Inc . 140 . 00 Southwest Suburban Publishing 259 . 26 Starks Cleaning Services 68 . 00 System Control Services 199 . 80 Total Tool 116 . C1 U . S . West Communications 358 . 02 Valley Industrial Propane , Inc . 11 . 36 Lcu Van Hout 57 . 38 Water Products Company 428 . 95 Westinghouse Electric Supply Co . 1 , 937 . 37 Wheeler Lumber Operations 3 , 448 . 50 Viking Steel Products , Inc . 50 . 70 Wild Iris , Inc . 64 . 99 Yarusso ' s Hardware 44 . 17 Nebraska Municipal Power Pool 60 . 00 Motion by Kirchmeier, seconded by Cook that the bills be allowed and ordered paid. Motion carried. Liaison Wampach gave his report . A letter from Dave Hutton, City Engineer dated July 18 , 1990 was acknowledged. Motion by Kirchmeier, seconded by Cook to adjourn to Executive Session due to rate analysis for settlement for the Minnesota Valley Coop negotiations . Motion carried. Reconvened in Executive Session at 8 : 55 P .M. Manager Van Hout reported that Northern States Power Co . has advised they will be filing a 12% rate increase to be effective october 1 , 1990 . The Commission discussed the recent outages which affected all customers except the Industrial Park . They reported receiving many complaints , and stated their belief that the repeated outages have tarnished our image . Manager Van Hout reported the performance of the Shakopee Public Utilities Commission personnell had limited the extent of the outages . The outage on July 21 was caused by a cat climbing on an NSP substation transformer; the outages on July 24 and 25 were caused by a defective control circuit on a second NSP substation transformer . NSP has now repaired their transformer and control circuit . The Commission requested a letter be drafted asking for a statement from NSP about what has been done and what will be done to avoid a repeat of the occurence . Engineering firm Schoell and Madson have advised that the long range water system study will be done later this year . ,4 The Planning Commission will be discussing street lighting at its next meeting. The street lighting request for the Stonebrook plat was discussed. A special Shakopee Public Utilities Commission meeting was set for September 4 , 1990 to pay bills , and the next regular Shakopee Public Utilities Commission meeting was set for September 9, 1990 at 4 : 30 P.M. There were two fire calls for a total time of 1 hour and 20 minutes . There were no lost time accidents for the month of July, 1990. Motion by Kirchmeier, seconded by Kephart that the meeting be adjourned. Motion carried. 1- MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on October 1 , 1990 at 4 : 30 P .M. in the Utilities meeting room. MEMBERS PRESENT : Commissioners Kephart , Kirchmeier and Cook. Also Liaison Wampach, Manager Van Hout and Secretary Menden. BILLS READ: City of Shakopee 20 , 032 . 00 ARA/Cory Refreshment Services 52 . 00 Alden Pool and Municipal Supply Co . 550 . 00 American Commerce Insurance Agency, Inc . 200 . 00 Associated Mechanical 125 . 00 R .W. Beck and Associates 4, 644 . 32 Berens Market 307 . 03 Border States Industries , Inc . 24 ,844 . 09 Burmeister Electric Company 3 , 710 . 81 Business Outfitters, Inc . 2 , 221 . 41 C .H. Carpenter Lumber 4 . 75 City of Shakopee 1 , 227 . 61 City of Shakopee 70 . 00 Conrady' s Blacktop 325 . 00 Cy ' s Amoco 135 . 50 Glenwood Inglewood 34 . 47 Gopher State One-Call , Inc . 353 . 50 Graybar Electric Company, Inc . 13 ,071 . 35 Grommesch Sod Service 22 . 50 HDR Engineering, Inc . 190 . 82 H & C Electric Supply 1 ,046 . 00 Hance Cable Testing 219 . 80 Kar Products 62 . 22 Krass and Monroe Group 86 . 20 Leef Bros . , Inc . 23 . 50 Locators and Supplies 178 . 50 Minnesota Municipal Utilities Association 295 . 00 McGrann Shea Franzen Canival Straughn and Lamb 8 , 724 . 39 Minnesota Valley Testing laboratories , Inc . 32 . 00 Motor Parts Service Co . , Inc . 42 . 44 Nebraska Municipal Power Pool 60 . 00 Northern Automotive Corp. 44 . 65 Northern States Power Co . Northern States Power Co . 332 . 32 Northern States Power Co . 1 , 502 . 43 Office Products of Minnesota, Inc . 146 . 00 Plehal Blacktopping, Inc . 790 . 00 Harold M. Reiner 2 , 613 . 30 Reynolds Welding Supply Co . 4 . 03 Shakopee Public Utilities Commission 174 . 36 Simon-Midwest , Inc . 153 . 00 Starks Cleaning Services 68 . 00 State of Minnesota Dept . of Labor 30 . 00 System Control Services 890 . 06 T & R Service 20 . 00 Allen J . Thiry 2 , 791 . 80 U. S . West Communications 60 . 00 United Compucred Collections , Inc . 225 . 00 Van Quip 358 . 75 Lou Van Hout 59 . 00 Valley Industrial Propane, Inc . 24 . 53 Westinghouse Electric Supply Co . 14, 258. 47 Woodhill Business Products 2 , 728 . 72 Yarusso ' s Hardware Co . 92 . 53 Motion by Kirchmeier , seconded by Cook that the bills be allowed and ordered paid. Motion carried. Jon Albinson from Canterbury Park Business Partnership was present to request the Commission to obtain a time table for installation of permanent electric service into Canterbury Park 1st Addition . A discussion followed. Manager Van Hout reported a communication from Transamerica Insurance Co . regarding termination of forgery and public official liability insurance for the Shakopee Public Utilities Commission . Coverage is now being obtained from United Fire and Casuality thru the League of Minnesota Cities . A letter from the Department of Health reporting Well #6 and #7 with regards to the standard of water was acknowledged. The oversizing costs for the Meadows 4th Addition were estimated to be $7 , 673 . 25 . These costs were reported in a communication from Pioneer Engineering to Manager Van Hout . A letter from Schoell and Madson regarding final payment to A & K Construction for pumphouse #2 for control panel modifications was acknowledged. Motion by Kirchmeier, seconded by Kephart to approve final payment to A & K Construction in the amount of $5 , 938 . 28 for control panel modifications to Pumphouse #2 . Motion carried. A communication regarding street lighting in General and for the Stonebrooke Addition from Manager Van Hout to Dennis Kraft , City Administrator was acknowledged. Manager Van Hout reported that the Fall Community Energy Conference will be held on October 23-26 , 1990 . The Liaison report was given by Mr . Wampach . There were no new plats for the month of September, 1990 . There were three fire calls for a total of one hour and 28 minutes labor . There were no lost time accidents for September , 1990 . Motion by Cook, seconded by Kirchmeier to adjourn to Executive Session . Motion carried. The next regular meeting of the Shakopee Public Utilities Commission will be held on November 5 , 1990 in the Utilities meeting room at 4 : 30 P .M. 6,44/4C Commission Secreta : Barbara. Menden CIVIL SERVICE COMMISSION MEETING MINUTES OCTOBER 12, 1990 AT 4 :00 P.M. SHAKOPEE POLICE DEPARTMENT CONFERENCE ROOM MEMBERS PRESENT: CHAIRMAN VIRGIL MEARS COMMISSIONER RICHARD MULCRONE MEMBERS ABSENT: • COMMISSIONER MARCIA SPAGNOLO GUESTS: CHIEF TOM STEININGER SGT. JERRY POOLE OFFICER RON CARLSON ARRIVED AT 4:55 P.M. CHAIRMAN MEARS CALLED THE MEETING TO ORDER AND OPENED DISCUSSIONS WITH THE FIRST AGENDA ITEM. DISCUSSION WAS HAD REGARDING THE SERGEANT'S PROMOTION PROCESS. (SEE ATTACHMENT) THE DISCUSSION WAS FOLLOWED BY COMM. MULCRONE MAKING A MOTION THAT THE ORAL BOARD SHOULD BE COMPRISED OF THE THREE POLICE COMMISSIONERS AND TWO RANKING OFFICERS OF THE CHIEF'S DISCRETION. CHAIRMAN MEARS MOVED THAT IV-A ITEMS 1,2 , 3 ,4, 5, 6 OF THE ATTACHMENT BE PUT IN MOTION. MULCRONE SECONDED. COMM. MULCRONE MOVED THAT THE CHIEF, OR HIS DELEGATE, TAKE ON THE RESPONSIBILITY OF CHECKING WHAT TESTING MATERIALS ARE AVAILABLE TO THE COMMISSION AND THE COST OF USING AN OUTSIDE TESTER. MEARS SECONDED. CHAIRMAN MEARS OPENED DISCUSSION OF THE SECOND ITEM ON THE AGENDA. DISCUSSION WAS HAD ABOUT WHAT ACTION IS NEEDED TO CONVENE THE POLICE COMMISSION IN THE ABSENCE OF THE CHAIRMAN. COMM. MULCRONE MOVED THAT IN THE ABSENCE OF THE CHAIRMAN THE SECRETARY OF THE COMMISSION IS EMPOWERED TO CONVENE THE POLICE COMMISSION TO CONTINUE THE NORMAL COURSE OF BUSINESS. MEARS SECONDED. OFFICER CARLSON ADDRESSED THE COMMISSION AND QUESTIONED THE APPLICATION OF POINTS DURING THE LAST PROMOTION PROCESS AND REQUESTED THE COMMISSION TO CLARIFY THE POINTS AND SCORING DURING THIS PROMOTION PROCESS. COMM. MULCRONE MOVED THAT THE CHIEF REPORT TO THE CHAIRMAN BY OCT. 29 , 1990 ON HIS PROGRESS AND TENTATIVELY SCHEDULED THE NEXT MEETING FOR NOV. 1, 1990 AT 5: 00 P.M. AT THE SHAKOPEE POLICE DEPARTMENT. MOTION TO ADJOURN BY MEARS. SECONDED BY MULCRONE. RESPECTFULLY SUBMITTED BY SGT. POOLE / ,/ Sergeant' s Promotion I. Requirements under state law. A. Must give test. B. Commissioners may act as examiners or assistant examiners collectively or individually. C. Chief or any officer must act as examiner if requested by commission. D. Candidates must be provided with 10 days written notice as to time, place and scope of examination. E. Examination shall deal with moral character, sobriety and • credit for character and previous successful experience. F. Questions may not be about candidate ' s religious or political affiliation. G. Eligible roster established good for two years. H. Must certify three names to appointing authority. II. Requirements under Civil Service Rules. A. Must notify candidates: 1. Whether they passed or failed test. 2 . Position on eligible roster. 3 . Final percentile score. B. Minimum qualifications for Sergeant. 1. Age 25 . (probably discriminatory) 2 . High School Diploma. 3 . 3 years police experience. C. Civil Service Rules do not restrict testing to city employees. 1. City policy is to make advancement available to city employees first. 2 . The option to look outside is up to the department head. 3 . It is not in the best interest of the department to go outside. 4 . We will put it in writing. III. Types of testing. A. Written. 1. Objective. a. Limited value at this level . b. Easy to score. 2 . Essay. a. Writing ability more important for supervisors. b. Flexible - weeds out candidate who can answer simple questions. c. Take more time to score. B. Oral . i. Interpersonal skills. 2 . Composition of panel. 3 . Consistency of questions. C. Assessment Center. 1 . Combination of both. 2 . Advantages of both. 3 . Most current. IV. Suggested plan of action. A. Authorize notice of testing. 1. Signed by Chairman or Secretary. 2 . Define position. 3 . Qualify eligibility. 4 . Require notice of intent to test in writing. 5 . Closing Date. 6 . Impropriety of contact by candidates. B. Put us to work for you. 1. Investigate availability of written test material . 2 . Would you like to hire a tester? 3 . What kind of oral board do you' want? C. Schedule another meeting. 1. Review letters of intent. 2. Select date, place and time of test. 3 . Make decisions regarding test format. 4 . Make decisions regarding submission of personal data. a. Experience. b. Seniority. c. Education. d. Other relevant materia1 . 55379 . 5 . Authorize preparation of test notice. a. Time, place and date. b. Test Content and format. c. How grading will be accomplished. d. May wish to use written as qualifier for oral. e. Should be mailed by commissioner, return receipt requested. V. General . A. Protect the integrity of the process. B. Do not say or do anything you would not wish to repeat under oath. SHAKOPEE POLICE CIVIL SERVICE CommisSION Minutes of Meeting Date: September 3, 1990 COMMISSIONERS PRESENT... CHAIRMAN VIRGIL MEARS, MARCIA SPAGNOLO RICHARD MULCRONE COMISSIONERS ABSENT NONE OTHERS IN ATTENDANCE POLICE CHIEF TOM STE I N I LAGER, GERALD POOLE, MEETING CALLED TO ORDER 3:30 P.M. The minutes of the meeting of May 16 were read and approved. Chief Steininger presented draft copies of the City of Shakopee Drug and Alcohol Testing Policy. Departmental policy was handled at the department level. Tne final document witn revisions and additions that specifically relate to tne police department is fortncominc. A short discussion of Affirmative Action activities followed. Chief Steininger reported that the Skills Providers will report lists of candidates who have voluntarily identified themselves for affirmative action procedures. The proposed classification of Police Records Personnel was presented in draft form. Commissioner Mulcrone pointed out tne responsibilities that were additional to regular clerical duties. Chief Steininger pointed out that the standards in his department are more demanding than most other clerical positions; the lob often demands additional hours. Chairperson Mears stated that the comprable worth responsibilities are different in a government agency than in the private sector Further discussion and points of clarification followed. A motion Py Comm. Mulcrone, seconded by Comm. Soagnolo to adopt the Classification of Clerical Staff proposal as presented. was unanimously approved. A letter will be sent to the City Council. Comm. Mulcrone Queried the status of t;e newofficer recruitment procedure. Chief Steininder explained that the position was "on hold", a result of Dudaet considerations of the City Council. He also stated that he would soon know the return status of the officer on personal leave. Comm. Spadnolo moved that tne meeting be adjourned. Motion passed unanimously at 4:45 p.m.. - Respectfully submitted. 4 � • �f SHAKOPEE POLICE CIVIL SERVICE COMMISSION Minutes of Meeting Date May 16, 1990 COMMISSIONERS PRESENT: Chairman Virgil Mears, Marcia Spagnolo COMMISSIONERS ABSENT: Richard Mulcrone OTHERS IN ATTENDANCE: Police Chief Tom Steininger, Gerald Poole, John DuBois, Marilyn Remer MEETING CALLED TO ORDER AT: 4 : 30 P.M. The minutes of the meeting of April 13 were read and approved. A copy of the City of Shakopee's Substance Abuse Policy was presented for informational purposes only. A short discussion followed with comments concerning points of clarification on pre-employment and just cause situations. Chief Steininger then presented an update on the Affirmitive Action activities of his department. He stressed the difficulties involved in the attempts to identify minorities and females from lists. A discussion about the interpretation of Minnesota statue, #280 in this matter and the explanation of the services of MPRS and the department's contract with this organization followed. Chief Steininger and Officer Poole presented the progress in filling the vacancy in the department. A tentative date, May 31, was set for the candidates interviews. This will be confirmed later. The interview committee will be composed of Chief Steininger, John DuBois, Jerry Poole, City Administrator Dennis Kraft and a police commission member. The new report- writing component in the hiring process was explained and discussed as a necessary skill in the duties of the police officer. Commissioner Spagnolo moved that the meeting adjourn at 5: 00 p.m. Motion passed unanimously. Respectfully submitted, Marcia Spagnolo, Secretary tk. ri MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: County Road 77 Realignment DATE: November 14 , 1990 NON-AGENDA INFORMATION ITEM: At the last City Council meeting on November 6, 1990, Councilman Sweeney requested information on a proposed re-alignment of C.R. 77 , which he brought up under his County Board liaison report. For many years, the City Council of Shakopee has discussed the Apgar Street/Scott Street corridor as it pertains to which street would be the more logical collector street. Apgar Street connects up with C.R. 77 and therefore is a natural alignment for a collector street, but Apgar Street also has multiple track crossings at 2nd Avenue (7 tracks) and no signal at 1st Avenue. Scott Street has a signal at 1st Avenue, only one track crossing and goes past the fire station, hospital and schools. But Scott Street terminates just south of 10th Avenue presently. Based on the above facts, most motorists are using C.R. 77/Apgar Street to enter Shakopee but at some point cross over to Scott Street before reaching 1st Avenue. There have been several traffic studies done by the City of Shakopee to address whether or not the street jog should occur at 2nd Avenue or perhaps at some other location. One alternative often discussed is to realign C.R. 77 through the vacant undeveloped land south of 10th Avenue, such that C.R. 77 will run directly into Scott Street rather than Apgar. The City Council of Shakopee, while exploring several options and authorizing engineering studies on this traffic corridor, has not officially decided on any one option. It would appear that the decision would be somewhat dependent on how and when the area south of 10th Avenue develops. Another alternative recently proposed by staff to the Planning Commission during the Comprehensive Plan update would be to further realign C.R. 77 to the east such that it would line up with Fuller Street. The advantage to this proposal is that with the construction of the downtown minibypass, Holmes Street will no longer function as a collector street for the bridge. Instead two parallel collectors - Fuller Street on the west and Spencer Street on the east - will serve the same function as Holmes Street and will be the prime access to the downtown minibypass. Realigning C.R. 77 with Fuller Street would appear to have some merit in providing these dual collector streets to the minibypass. Attached is a copy of the roadway classification map from the proposed Comprehensive Plan showing this possible realignment. r City staff have contacted the County Highway Engineer to get his initial reaction on this idea. On a very preliminary basis, the County Highway Engineer could support this proposal, as long as the City took over the "old" C.R. 77 and constructed it to City Standards, rather than the County constructing it to County Standards. Scott County currently has a consultant hired to review and offer recommendations for the entire County-wide transportation system. This issue will most certainly be evaluated in this County-wide study. This issue has just surfaced and is in no way set. Additional studies will be needed, both at the County level and the City level, before any final decision on a re-alignment of C.R. 77 is made. The moratorium on development for this area to allow the School District and the City to further evaluate the public needs in this area will also have an impact on any decision. If any of the Councilmembers have any additional questions, they may contact me or Lindberg directly. DH/pmp CR77 O,Jctoll .wN -_ I y I ‘ i \ • 3 ,,N ,.. I .ti . " k , .,...,, ,,,, tt . 0 11 C•4 - ._11- .:A • - - _ -'(_—..\ \\• ,N in 0 • • al - .. � 0 . u ..7.4. . 1 .•• ..-..'*--. - ..,,_ if :t-r:t. ._. - • -• r'- .7. ,� . � ;, • •• 4 ----.,...---.-_-;•,...a �L • �.,• -1-....: .- “ • ' t •' • •• 1 •` J • :l - \ �.zyi -.1..-.1..6-...:!. + . � - �'`,,; •:j:• �.- -tel J_1..�-.r: �.r 1_t . . \ .....j.......=. . ,. �.Kj l • ' •s� ''. ?1 .-;��-�:�':' �f `•-- l • 1� T�- i v� • -----4 I El I(069 En. ? 02173 I I. • • e• if l.:-.-. ::‘..1.--- .. .,.. Ei 110 1=1. '..1 .+ I t • IIID il i . I". .7.--' ' • ` I .....;.,,,,..---0•e ? __ - - --I H to F3 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works DirectcY C SUBJECT: Pavement Preservation Budget DATE: November 13 , 1990 NON - AGENDA INFORMATIONAL ITEM The Public Works Department has $95, 000. 00 in the 1990 budget for sealcoating (Object No. 4242) . This fund is used for our Pavement Preservation Program, which consists of both the overlaying and sealcoating contracts. Staff has now completed the calculations for the final quantities to be used in the pay estimates to the contractors. There were two separate contracts in 1990 - one for the overlays and one for the sealcoating. In addition, additional costs were incurred by City crews in preparing the streets for the contractors (i.e. repairing potholes, etc. ) . The total amount of all of those costs is $103 , 969 . 08 or $8 , 969 . 08 over the budgeted amount for this line item. For an overlay/sealcoat project it is extremely difficult if not impossible to keep track of the quantities during the actual construction. The entire project (20-30 streets) can be completed in 3-5 days and the measurements cannot be done until each street has been paved or sealed. There was one additional street added to the project (Cass Street by Mr. Weckman' s house) which also resulted in the overrun. In addition to the Sealcoat line item (No. 4232) , the Public Works Department has another line item called Surface Materials (No. 4215) . This budget is used for obtaining asphalt for patching, sand/salt, etc. The total amount for this item in the 1990 budget is $28 , 000 . 00 . As of 10/31/90, about $18, 000. 00 was still available. Approximately $7 , 000. 00 of that amount is needed to purchase the remainder of the sand/salt needed for this winter. Therefore, it is projected that this fund will still have approximately $11, 000 . 00 available. The Finance Director recommends that a year-end transfer be made between these two accounts to cover the overrun on the sealcoat budget. This transfer will not result in the total Public Works expenditures exceeding budget as projected by the Finance Director. Staff wanted to inform Council of this line item overrun, but also to indicate that it will be covered by an internal transfer. If there are any questions, please contact Gregg or myself. Tentative Agenda Shakopee Cable Communications Advisory Commission City Hall Council Chambers REGULAR MEETING November 19 , 1990 1. Roll Call at 7 : 00 P.M. 2 . Approval of Minutes of July 24 , 1989 3 . Action: Public Access Studio Staffing 4 . Action: Access Corporation Membership 5 . Action: Cable Franchise Deferral Termination 6 . Discussion: Cable Television System - New City Hall (Verbal) 7 . Information Items A. Public Access Report (Verbal) B. Cable Administrator Report (Verbal) C. Subscriber Quarterly Reports D. Midwest Sports Channel 8 . Other Business A. Next Meeting - December 17 , 1990 B. 9 . Adjourn Barry Stock Assistant Administrator City of Shakopee )6 PROCEEDINGS OF THE SHAKOPEE CABLE COMMUNICATIONS ADVISORY COMMISSION Regular Session Shakopee, Mn July 24 , 1989 Chairman Anderson called the meeting to order at 7 : 00 P.M. with Commissioners Anderson, Moonen and Abein present. Commissioners Harrison and Davis were absent. Barry Stock, Administrative Assistant; Keith Cripps, Executive Vice President, AMZAK Cable Midwest, Inc. ; Mike Dalton, AMZAK Comptroller; Bruce Tomsak, AMZAK Engineer; Mike Kazma, AMZAK Manager and Steve Stolen, United Cable Television Manager and Bob Ziegler, Access Corporation President were also present. Moonen/Abeln moved to approve the minutes of the June 26, 1989 meeting as kept. Motion carried unanimously. Abeln/Moonen moved to open the public hearing on the cable sale and transfer of the Shakopee cable system to AMZAK Cable Midwest, Inc. Motion carried unanimously. Mr. Stock stated that at the June 26, 1989 meeting the Cable Commission reviewed many issues with officials from AMZAK Cable. One of the key items discussed was related to the activation of the regional access channel. Mr. Stock noted that AMZAK officials were not opposed to the activation of the channel but requested that the City allow them some time to respond to this issue. Mr. Stock noted that in the Spring of 1986 the Shakopee City Council approved an amendment to the Cable Franchise Ordinance. This amendment extended a five year deferral to the cable company for all unmet capital expenditure commitments required by the franchise. Mr. Stock stated that he was recommending that the activation of the regional access channel be considered a capital expenditure and deferred for a time period to coincide with the deferral period as set forth in Section 16. 04 of the Cable Franchise Ordinance. Under this scenario, AMZAK Cable, Midwest, Inc. would be required to activate the regional access channel at the end of the five year deferral period. The deferral period ends on April 1 , 1991. Mr. Stock stated that at their last meeting the operational status of some of the public access studio equipment was questioned by several Cable Commissioners. Mr. Stock stated that he met with the Public Access Corporation President and the Access Studio Manager to discuss this issue. A list of the obsolete equipment and equipment that is no longer functional was provided. Mr. Stock stated that he felt some of the smaller items which were being requested could be handled under the $2 , 000 per year maintenance grant paid to the Access Corporation annually be the cable company. Upon review of the equipment lists, Mr. Stock stated that he and the Access Corporation Chairman felt that the character generator and cameras were essential. Mr. Stock stated that Mr. Cripps on behalf of AMZAK Cable has agreed to provide a $2500 equipment grant at closing and a second $2500 equipment grant one year from now. Mr. Stock stated that he felt this was a fair and good faith commitment from AMZAK and was recommending approval of the concept. It was the consensus of the Commissioners that the $5, 000 equipment grant over a two year period was fair and equitable. Mr. Stock stated that there would not be many other items which would materially alter the operation of the Shakopee cable system when AMZAK Cable takes over. He was therefore recommending that the Commission recommend to City Council approval of the sale and transfer. Chairman Anderson questioned if there were any comments from the audience. There were no members in the audience with questions regarding the proposed sale and transfer. Mr. Stock stated that Mr. Ron Ward from the Shakopee School District had intended to attend the meeting but could not due to a previous conflict. Mr. Ward was concerned about the continued activation of the INET. Mr. Cripps stated that he did not have any plans to change the current arrangement between the School District and the cable company for maintaining the institutional network. Chairman Anderson again asked if there were any questions from members of the audience. Moonen/Abeln moved to close the public hearing. Motion carried unanimously. Abeln/Moonen moved to recommend to City Council approval of the sale and transfer of the Shakopee Franchise Ordinance and cable system to AMZAK Cable, Midwest, Inc. from Zylstra/United Cable Television. Motion carried unanimously. Chairman Anderson questioned if Mr. Stolen would like to give a Cable Administrator's Report. Mr. Stolen stated that there was not much to report in regard to the operation of the cable system. He noted that he expected a smooth transition. Commissioner Moonen questioned if AMZAK Cable had contacted the present employees to determine if they were going to stay on with the new management. Mr. Cripps stated that upon Council approval of the sale and transfer they will immediately contact the present employees to provide for a smooth transition. Mr. Stock stated that he did not know when the next meeting of the Cable Commission would be. He stated that he would contact all Commissioners in advance to assure a quorum for the next meeting. Moonen/Abeln moved to adjourn the meeting at 7 : 15 P.M. Motion carried unanimously. Barry A. Stock, Recording Secretary /0 183 University Ave.East St.Paul,MN 55101-2526 League of Minnesota Cities (612)227.5600(FAX:221-0986) November 15, 1990 TO: LMC Member Cities FROM: Robert Benke, LMC President (Mayor, City of New Brighton) SUBJECT: League of Minnesota Cities Board of Directors Vacancy -- Office of Vice President The League's vice president, Mayor Joanell Dyrstad of Red Wing, is now Minnesota's Lt. Governor Elect. She will be leaving municipal office and, therefore, has tendered her resignation as LMC vice president effective December 15, 1990. The LMC Constitution provides the board of directors may fill vacant board seats subject to the confirmation of the members at the next annual meeting. At its November 14 , 1990, meeting the board considered this matter and decided it would attempt to fill the office of LMC vice president at its December 19 meeting. The board also designated a screening committee to review candidates willing to serve the remaining six months of the vice presidential term. Any LMC member city official, having an interest in serving as vice president of the League of Minnesota Cities should express that interest in writing by December 12 to: Millie MacLeod League of Minnesota Cities 183 University Avenue E. St. Paul, MN 55101 Past President MacLeod has agreed to chair the screening committee. The committee expects to recommend a candidate to the board for consideration at its December 19 meeting. It should be noted that Mayor Dyrstad is a greater Minnesota city official. I particularly encourage greater Minnesota city officials to consider applying for this office. Board of Directors Seat Vacancy Boardmember Lorraine Hostetler, who serves as a councilmember in the City of Anoka, did not run for reelection in November and will LMC Member Cities Page 2 November 15, 1990 resign her board seat in December. The screening committee will also recommend a candidate to serve the balance of her board term, which expires in June, 1991. Ms. Hostetler will be vacating a metropolitan area seat on the board. Therefore, the screening committee will give primary consideration to metro area candidates for this position. The person selected to fill the remaining months of Ms. Hostetler's term would be eligible for nomination and election to the board in June at the annual meeting to fill one of the board seats which would be vacant at that time. The screening committee expects to recommend a candidate to the board at its December 19 meeting. The board plans to make a decision to fill the vacancy at that time. Any member city official interested in serving in this capacity should send a letter indicating their interest to the address listed above by December 12 . TENTATIVE AGENDA ADJ.REG. SESSION SHAKOPEE, MINNESOTA NOVEMBER 20, 1990 Mayor Gary Laurent presiding 1] Roll Call at 7 : 00 P.M. 2] Approval of Agenda 3 ] Liaison Reports from Councilmembers 4] Mayor' s Report 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 6] Approval of Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *7] Approval of Minutes of November 6, 1990 8] Communications: a] Fred J. Corrigan, Mn. Transportation Alliance re: trans- portation issues b] Steve Hentges re: Lewis Street Project No. 1990-5 c] Ellen A. Longfellow re: disposition of Nelson v. Shakopee d] Fran Vohnoutka, Today' s Concept re: waiving fees for massage parlors 9] Public Hearings: None 10] Boards and Commissions: Planning Commission: a] Shakopee Comprehensive Plan: 1990 - 2010 b] Amending Subdivision Regulations - Ord. No. 299 c] Final Plat of Valley Park 10th Addition, which lies North of 12th Ave. and West of Valley Park Drive - Res. 3317 11] Reports from Staff: a] Proposed Gambling Regulations - tabled 10/16/90 *b] Pheasants Preservation Inc. Premises Permit - Res. 3310 *c] Shakopee Jaycees Premises Permit - Res. 3318 *d] Capital Equipment - Hazardous Material Plug Kit e] Fire Department Aerial Truck *f] New Lawnmower Purchase *g] Applications for Wine and Beer Licenses *h] Probation Termination of City Planner TENTATIVE AGENDA November 20, 1990 Page -2- 11] Reports from Staff continued: *i] Hiring of Legal Secretary & Amending Pay Plan - Res. 3321 j ] Approval of Bills in Amount of $577 , 712 . 40 k] Tahpah Park Sprinkler System 1] DELETE *m] Highway Maintenance Agreement With Scott County n] DELETE o] Truth In Taxation p] Various Personnel Matters *q] MINCIS/NCIC Hot Files Agreement 12 ] Resolutions and Ordinances: *a] Res. No. 3315 - Adopting A Cafeteria Benefits Program *b] Res. No. 3316 - Approving Defeasance Program For General Obligation TIF Bonds, Series 1986A *c] Res. No. 3303 - Changing Meeting Times For January, 1991 *d] Res. No. 3319 - Amending 1990 Budget For Legal Department *e] Res. No. 3307 - Authorizing Release of Temporary Easements *f] Res. No. 3313 - Accepting Work on 11th Avenue Street and Storm Sewer Construction, Project 1988-5 *g] Res. No. 3314 - Accepting Work on 1990 Pavement Preserva- tion Program - Sealcoat, Project 1990-10A 13 ] Other Business: a] b] c] d] e] 14] Recess for Executive Session to discuss labor negotiations 15] Re-convene 16] Adjourn to Tuesday, November 27, 1990 at 7 : 00 P.M. , at the Jackson Town Hall Dennis R. Kraft City Administrator UPCOMING MEETINGS: November 27th - joint meeting with townships December 4th - regular meeting December 5th - budget hearing December 12th - budget hearing (if necessary) December 18th - regular meeting 7 OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSION SHAKOPEE, MN NOVEMBER 6, 1990 Mayor Laurent called the meeting to order at 8 : 01 p.m. with Cncl . Zak, Vierling, Clay, Wampach and Sweeney present. Also present were Dennis Kraft, City Administrator; Barry Stock, Asst. City Administrator; Dave Hutton, City Engineer; and Karen Marty, City Attorney. The following items were added to the agenda: 18a. Pheasants Preservation Inc. , request for gambling Premises Permit 18b. Louisville Township Joint meeting with Council 18c. Joint meeting with SPUC 18d. Authorization to hire a legal secretary. The item regarding the Huber Park Fence (16F) was deleted from the agenda. Sweeney/Clay moved to approve the agenda as amended. Motion carried unanimously. Zak/Clay offered Resolution No. 3300, A Resolution in Appreciation to Police Sergeant Dennis R. Anderson for Outstanding Service and Leadership in the Shakopee Police Department, and moved for its approval . Motion carried unanimously. Mayor Laurent called a recess for Housing and Redevelopment Authority Meeting. Mayor Laurent reconvened to City Council at 8 : 07 p.m. Liaison reports were given by Councilmembers. Mayor Laurent gave the Mayor' s report. Mayor Laurent asked if there was anyone from the audience who wished to address anything not on the agenda. There was no response. The following items were added to consent business: 13a. M. C. Anderson, Compliment to Chief of Police. 15a. Council hearing on Cole Van Horn. 16c. Premium only cafeteria benefits program. 16e. Southwest Metro Task Force. 16i . Alley at 827 Spencer. 16g. Buy back of Police Holiday Time was removed from consent business. Vierling/Sweeney moved to approve the consent business as amended. Motion carried unanimously. Proceedings of the November 6, 1990 Shakopee City Council Page -2- Sweeney/Clay moved to approve the minutes of October, 9, 1990. Motion carried with Cncl. Vierling abstaining. Vierling/Sweeney moved to approve the minutes of October 16, 1990. (Motion approved under consent business) . Clay/Vierling moved to approve the minutes of October, 24, 1990. Motion carried with Cncl. Sweeney abstaining. Vierling/Sweeney moved to acknowledge the letter dated October 25, 1990 from M. C. Anderson and directed that it be placed in the personnel file of Chief of Police Tom Steininger. (Motion approved under consent business) . Dennis Kraft said at this point they have no one interested in serving on the Managers to Prior Lake/Spring Lake Watershed District Committee. There was some discussion on whether or not the residents who live in the Horizon Heights area are interested. Cncl. Zak said he would check with some of the residents to see if they are interested in serving and will come back with more information next meeting. Vierling/Sweeney moved to receive and file the Council memo from Dennis Kraft dated 11/2/90 regarding the Cole Van Horn Appeal (CC DOC# 180) . (Motion approved under consent business) . Dave MacGillivray, reviewed the bids received for the sale of $1,930, 000 GO Improvement Bonds, Series 1990A. He said 8 bids were received and Dain Bosworth, Inc. had the lowest bid. Sweeney/Wampach moved to Offer Resolution No. 3306, A Resolution Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and Providing for the Payment of $1,930, 000. 00 General Obligation Improvement Bonds, Series 1990A, to Dain Bosworth, Inc. , and moved for its adoption. Motion carried unanimously. Dennis Kraft reviewed the potential staffing levels for the Park and Recreation Department for 1991. He reviewed the six alternatives available to the City. There was some discussion on filling the Director' s position. Cncl. Sweeney noted that this may be an opportunity to look at reducing staff. Sweeney/Zak moved to direct the appropriate City officials to allocate $105, 000 to the 1991 Recreation Budget. Motion carried with Councilmember Clay voting naye. Sweeney/Vierling moved for a 10 minute recess at 8 :45 p.m. Motion carried unanimously. Mayor Laurent moved to reconvene at 9:05 p.m. 7 Proceedings of the November 6, 1990 Shakopee City Council Page -3- Vierling/Sweeney moved to authorize the appropriate City officials to work with AFLAC in preparing the appropriate resolution establishing a Cafeteria Benefits Program within the City of Shakopee. (Motion approved under consent business) . Mr. Kraft reviewed the request from Officer Ron Carlson for an additional five to eight days of extra paid vacation to participate in the Golden Gloves Boxing Tournament. He said he is volunteering his own time to coach these kids and he would like to take time if they go to the Golden Gloves Tournament. He feels he should not have to take his vacation time away from his family. Chief Steininger said he would try to work the schedule in Officer Carlson' s favor during the tournament time but could not guarantee it. Consensus of the Council was that it was unfair to approve extra vacation for Officer Carlson without approving it for other City employees. Mr. Kraft noted that there is a possibility for Mr. Carlson to take unpaid leave. Sweeney/Vierling moved to approve the request of Officer Ron Carlson for an additional five to eight days of extra paid vacation from the City of Shakopee. Motion failed unanimously. Sweeney/Vierling moved to authorize the appropriate City officials to buy back 60. 0 hours of earned, but unused holiday time, from Ronald Carlson; 58 . 0 hours from John Flynn; 74 . 0 hours from Ray Erlandsen; and 58 . 0 hours from Bryan Koch at their current pay rates. Motion carried unanimously. Vierling/Sweeney offered Resolution No. 3303 , A resolution Relating to City Participation in Narcotics Control Program, and moved its adoption. (Motion approved under consent business) . Vierling/Sweeney moved to approve the request by Orr-Schelen- Mayeron and Associates, Inc. to increase their Extension Agreement for engineering services associated with the 5th Avenue Project by $5, 000. 00 due to revising the project scope to construct Market Street to Municipal State Aid Standards. (Motion approved under consent business) . Council received an informational memo from Dave Hutton advising that the Public Works Department had constructed the remainder of the gravel alley and that the alley is now completely open from Main Street to Spencer Street. Sweeney/Clay moved to change the City Council meetings to meet on January 8 and 22 , 1991, due to the New Years Holiday. Motion carried unanimously. Discussion ensued on the final date that applications will be accepted for expiring terms on Boards and Commissions. Proceedings of the November 6, 1990 Shakopee City Council Page -4- Sweeney/Vierling moved to set the final date of January 8 , or the first meeting of the regularly scheduled meeting of the year, to receive applications for Board & Commissions. Motion carried unanimously. Discussion ensued on whether or not all Board & Commission openings should be advertised. It was the consensus of Council to advertise all open positions. Sweeney/Vierling moved to have the Mayor appoint two members of the City Council for the interviewing committee along with the City Administrator. Motion carried unanimously. Clay/Sweeney moved to have the Mayor appoint two Councilmembers to serve on the Board of Review. Motion carried unanimously. Vierling/Sweeney moved to approve the application from Francis W. and Maude Conrady, 720 Bluff Avenue, and grant deferment of special assessments to parcel #27-004058-0 for the 1988-6 Market Street Public Improvements pursuant to the conditions outlined in Section 2 . 82 of the City Code. (Motion approved under consent business) . Vierling/Sweeney moved to authorize proper city officials to execute a farm lease with Gene Hauer for 1991 under the same terms as 1990 . (Motion approved under consent business) . Sweeney/Vierling moved to authorize full time status for Rose Mertz effective immediately. Motion carried unanimously. Vierling/Clay moved to approve the bills in the amount of $123 , 150 . 43 . Motion carried unanimously. Discussion ensued on the Building Department 1991 budget. Leroy Houser was present and said he would not like to lay off any of his staff when times are slow. He said they utilize their slow time quite well . It was discussed that during the building departments slack time Dennis Kraft will be referring any zoning complaints to Mr. Houser' s department to look into. Mr. Houser agreed to take on these additional duties for zoning and code enforcement departments during the Building Department' s slow period. Clay/Vierling offered Resolution No. 3304 , A Resolution Determining the Necessity for and Authorizing the Acquisition of Certain Property by Proceeding in Eminent Domain for purposes of Constructing 5th Avenue from Fillmore Street to Market Street, Project No. 1989-4 , and moved for its adoption. Discussion ensued on the City ' s acquisition of property for the Market Street Project. Cncl. Vierling asked if it was the intent to market the lots to developers. Dave Hutton said the City will pay the assessments on the land prior to sale. Mr. Stock noted T Proceedings of the November 6, 1990 Shakopee City Council Page -5- that several options exist in terms of selling the property. He stated that City Council may elect to sell the property as an undeveloped parcel or the City could plat the property and sell individual lots. The alternatives will be presented to Council at a later date for action. Mayor Laurent said he feels it would be advantageous to the City to acquire more of the railroad property. Sweeney/Vierling moved that staff be directed to amend the resolution to incorporate the full railroad property in the subject area between 4th Avenue and 5th Avenue and Market Street. Motion carried unanimously. Sweeney/Vierling moved to approve Resolution No. 3304 , as amended. Motion carried unanimously. Vierling/Sweeney offered Resolution No. 3302 , A Resolution Amending Resolution 3159 Adopting the 1990 Budget, and moved its adoption. Motion carried unanimously. Dennis Kraft said the City Clerk has received a gambling application from Pheasants Preservation Inc. for pull tabs. City Council has approved a one year location. They are requesting to sell pulltabs at the Rock Springs Club through December 31, 1991. Sweeney/Wampach moved to table the application from Pheasant' s Preservation Inc. for pull tabs pending more information from Staff. Motion carried unanimously. Discussion ensued on a joint Council meeting with Louisville Township Board. Consensus was to meet on Tuesday, November 27 at 7 : 00 p.m. and to invite Jackson Town Board to meet also. Mr. Wampach reported that SPUC would like to be put on the regular Council agenda for December 4th or 18th. He noted that the SPUC Manager would be in contact with the City Administrator with an exact date. Sweeney/Vierling moved to endorse Mr. Kraft' s selection and offering the legal secretary position to the candidate he deems most appropriate. Motion carried unanimously. Mayor Laurent adjourned the meeting to Tuesday, November 20, 1990 , at 7 : 00 p.m. The meeting was adjourned at 10 : 55 p.m. Judith S . Cox City Clerk Carol L. Schultz Recording Secretary FRED J.CORRIGAN - ■ ■ ■ - - ■ —_ ?a, ExecutiveDirector JERRY ANDERSON THE MINNESOTA TRANSPORTATION Asst.Executive Director OFFICERS I41.1TMI ¼ ROBERT J.McFARLIN President St.Louis Pork FORMERLY MINNESOTA GOOD ROADS,INC. GARY SAUER Vice President Maple Grove October 19, 1990 JAMES P.LOANEY Vice President North Monkoto BOB JENSEN Vice President Formington MMW1.0 Mr• Dave Hutton Secretary City Engineer Anoko PAUL BAILEY City of Shakopee Treasurer 129 E . First Avenue Minneapolis BOARD OF DIRECTORS Shakopee, Minnesota 55379 JOHN M.BAILEY,JR. Minnetonka Dear Dave: WILLIAM D.BENNETT Duluth RICHARD P.BRAUN Columbia Heights Re: Transportation Issues Presentation DENNIS CARLSON Foley to City Council DENNIS CAVANAUGH Minneapolis DOSl t.auDK.DEAN Last spring, The Minnesota Transportation Alliance FREDDERESCHUK surveyed its public sector membership regarding their Minneopolis CO�EEoNdDONOVAN interest in having a presentation made concerning SBOBEGAN transportation issues facing local government in Minnesota. Mople Grove The city Shakopee Shako ee indicated an interest in having a WILLIAM ELSHOLTZ,JR. Roseville presentation made and I am writing to request an available DAN FRENTRESS q Brooklyn Pork date for me to speak to your Council . DAVE GRAVDAHL Breezy Point DOROTHY GROTTE As you know, the Transportation Study Board is Fairmont DANGUSTAFSON concluding a two-year effort of determining Minnesota's St.Poul H.Plymth BB.(Bu)HAYDEN,JR. transportation needs through the year 2010, and will present BOBRILLIKER the Legislature with a final report and set of St.Poul GREG JOHNSON recommendations before January, 1991 . Not since 1956 when StPoul BOB KING the County and Municipal State Aid systems were set up by Brooklyn Park constitutional amendment, has a study been done that will WILLIAM KONIARSKI Belle Plaine have the potential impact of this Board's recommendations . WES LANE Minneapolis RUSSELLLANGSETH As the citizen representative on the Study Board from Bottle Lake GEORGE W.MATTSON Congressional District 3, as well as the Executive Director Shafer CHARLESMcCROSSAN of the Alliance, I feel it is important that everyone Maple Grove MICHAEL S.McGRAY involved in the delivery of transportation services fully Osseo S.DOREMEAD understand the recommendations of the Study Board and the Minneapolis impact the JOE MICHELS P y may have on local government. My comments to the Litchfield Council will focus on those recommendations and The Alliance JOHN MILNE St.Paul reaction to this process . JACK NAWROCKI Mankato ARLYN NELSON I look forward to setting a firm date to address the Buffalo KENNETH PAULSON Council . Thank you for your continuing support of Alliance New Brighton JERRYPETERMEIER activities . Grand Rapids LISA PETERSON Richfield E.J.RENIER Yours ,s-ince el , Eden Prairie f A.J.ROMANO Bloomington SCOTT SAYER Minneapolis ROBERT J.SCHMITZ Jordon Fred . 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R °' p ,ro o�-o c b0. s. 00 cA 0= wa s 0 . p.,•, Ri. � `ti0.1 ‘-' 0 3 °0 0 � o ? o V) a) C o fir- �, :a „� A °' .fib bAa, �w ° 7° � � E-1 cii a� 0 O o > i C .O .r C s. vs C +.� a0 1`4,.., C cl = 0 to cl ,9 ' 01 w O = i +.� C •c 0 S. 0 .., a h c t a) r o $•r C c. 3 ..• ,x . o C •^1 'n a.., C: 7to v a, 0 1- Cl, C , •� E. C 0 0 > 0 0 . > u ° ;= i. ci, C �" C!� ¢ 'mob C3 � � E00 oC: •oo � C; ,c �"rQ - C7 � U � Er E- E 'd w o a, g °c, -iil. AC pt.- Transportation Study Board PRELIMINARY FINDINGS Local Government Funding to Advance Scheduled Mn/DOT Construction. . . Projects 1 Mn/DOT's Organizational Structure 2 Great River Road 3 Minnesota's Ports and Waterways 4 Safety Initiatives 5 Forest Roads 6 Park Roads 7 Motor Carrier Regulatory Issues 8 Highway Facilities Linking Greater Minnesota & Twin Cities 9 Highway Construction Industry Perspectives on Highway Issues 10 High Speed Rail 11 Minor Arterial Roadways of Twin Cities Region 12 Bicycle Transportation 13 Tort Liability 14 Rustic Roads/Scenic Roads Program 15 State Financial Assistance for Railroads 16 Highway Construction in Suburban Metropolitan Areas 17 Bridge Replacement Program 18 Mn/DOT's Maintenance Program 19 Jurisdictional Responsibility for Highways 20 Transit Needs in Greater Minnesota 21 Alternative Fuels 22 Transportation Research 23 Transportation Funding Sources 24 Transportation Facility Infrastructure & Economic Development 25 Market Artery System 26 Transit Services in the Twin Cities Metropolitan Area 27 Highway User Tax Distribution Fund 28 Regional and Metropolitan Planning Process 29 Township Roads 30 County State Aid Highway System 31 . Municipal State Aid System 32 Light Rail Transit 33 Metro Mobility 34 Toll Facilities 35 Relationship of Transit to Highways 36 Trunk Highway System 37 ( 11/16/90) O Qom. July 11 , 1990 REVISED PRELIMINARY FINDINGS HIGHWAY USER TAX DISTRIBUTION FUND 1 . The Minnesota Constitution specifies that permissible uses of the Highway User Tax Distribution Fund (highway trust fund) are the "construction, improvement and maintenance" of state, county and local highways. The Minnesota Supreme Court gave the opinion in Cory v. King ( 1943 ) that "it is essential to the validity of an appropriation from the highway fund that no more money be taken than necessary to defray the expenses properly attributable to highway matters. " In studying the most efficient use of highway funds, the Transportation Study Board should review the Minnesota Department of Transpor- tation' s current practice of incumbering all needed funding at the time of contract letting as opposed to a free cash- flow method. 2 . The Transportation Study Board endorses the original intent of the law establishing the Highway User Tax Distribution Fund. 3 . Current expenditures of funds from the Highway User Tax Distribution Fund which may not be directly related to the "construction, improvement and maintenance of highways" are: public safety, state patrol , transit administration, railroad and waterway administration, park and forest roads, replace- ment of underground fuel storage tanks and appropriations to various agencies including Tourism and Economic Development, Department of Education and the Transportation Regulation Board. While all of these expenditures may have some relationship to maintaining a balanced, multi-modal transpor- tation system, it is not clear if they are directly related to the "construction, improvement and maintenance" of highways. 4 . The Transportation Study Board should review the current uses of the Highway User Tax Distribution Fund to determine if they should be funded with other revenue sources. 5 . The Transportation Study Board supports the concept of creating a separate transportation-related funding source for those transportation activities which are not constitu- tionally appropriate expenditures of the Highway User Tax Distribution Fund. Smoi.► July 25 , 1990 REVISED PRELIMINARY FINDINGS TRANSPORTATION FUNDING SOURCES 1 . Dedicate traditional transportation funding sources to specific uses . Traditional sources of highway funding include: • Fuel taxes ; • Vehicle license taxes ; • Drivers license fees ; • Excise tax ( MVET) ; and • Other fees Funding uses include distributions for: • Local government aid; • Debt service; • Operations and maintenance; • Public safety; and • Highway improvements Three major funds are needed. The Highway User Fund should be used only for those expenditures related to improving, constructing and maintaining the highway system. A Transpor- tation Services Fund should be established for expenditures related to other transportation services such as public safety, law enforcement and related activities . A Transit Fund should be established for transit expenditures . The MVET revenues should be dedicated to transportation uses and allocated to the Transit Fund and the Transportation Services Fund. Any MVET funds remaining after the uses listed have been funded will be used for highway construc- tion and maintenance . The following is a summary of the proposed services and uses of funding: STATEWIDE FUNDING ONLY Highway User Transportation Transit Fund Services Fund Fund Sources : Fuel Taxes MVET Allocation MVET Allocation Vehicle Registration Driver License Fees Taxes Fines Sales Taxes Uses : Highway Improvement, Public Safety Mass Transit construction & Law Enforcement LRT maintenance Transportation Related County and Municipal Railroad State Aid Waterways , O � 2 . Dedicate additional revenue sources. Funding sources common in other states should be developed in Minnesota and dedicated to transportation uses . Examples include: • Sales tax on vehicle repair labor; • Tolls; and • Impact fees 3 . Develop a rate of return concept for infrastructure invest- ments. Investments in transportation infrastructure often result in increased economic activity. This is especially true regarding the shipment of goods in the agriculture, forest products, mining and manufacturing segments of the Minnesota economy. Increased economic activity produces increases in business income and sales. This increases general fund revenues. A portion of general fund revenues attributable to economic growth from transportation infrastructure invest- ments should be returned to transportation uses . 4 . Discontinue ethanol subsidy from transportation revenue sources. Programs related to improving the agriculture economy should be more targeted and financed by general fund allocations. 5 . Create a transportation facilities authority. Many transportation related investments are for the benefit of a particular business or geographic area. These invest- ments often result in appreciation of real estate values or reductions in operating costs for a business or community. Innovative financing methods involving private/public development partnerships could be used in many cases . There is a need to develop individual business arrangements depending on unique project characteristics . A transpor- tation facilities authority with bonding capability and the power to negotiate financing arrangements could further the improvement of transportation facilities. June 13 , 1990 PRELIMINARY FINDINGS MUNICIPAL STATE-AID SYSTEM Size of the M.S.A. System 1 . A mechanism, including functional criteria, is needed for increasing the size of the Municipal State Aid System (MSAS) . The system should be expanded to accomodate the additional mileage made eligible by the inclusion of new cities in the system. Revise the System for Allocation of Municipal State-Aid Funds 2 . The existing distribution formula for municipal state-aid is less cumbersome than for county state-aid. However, like county state-aid, the allocation formula for municipal state-aid should be based primarily on population and vehicle miles travelled. The amount of state-aid, the distribution formula, and impacts on individual cities needs to be determined. Special Assessments and Other Taxing Mechanisms 3 . Cities are finding it difficult to show benefits of special assessments and, therefore, are finding it more difficult to use assessments as a taxing mechanism for roadway improvements. Other local taxing mechanisms are needed and would require legislative authorization. Special assessment language should be adopted by the legislature whereby 35% of the assessed valuation of property can be assessed without proving benefit. Flexible Design Standards and Liability 4. Existing minimum design standards and variance procedures are appropriate for application after a decision is made about the construction of a particular road. Design standards safeguard public agencies so as to avoid unwarranted legal liability. Additional legislation addressing the issue of liability is required when state-aid is used so the designer can use present laws which allow flexible application of design standards where environmental, social or economical conditions exist. Screening Committee 5. The membership and role of a Screening Committee should be reevaluated to determine the best means of review and oversight for the municipal state-aid system. July 11 , 1990 REVISED PRELIMINARY FINDINGS TRANSIT SERVICES IN THE TWIN CITIES METROPOLITAN AREA 1 . The transit system in the Twin Cities Metropolitan Area enhances the mobility of all residents in the region and plays an especially critical role for transit dependent people and in relieving congestion during the peak traffic periods , particularly along congested corridors and in the two downtowns. 2 . A variety of services are necessary to meet transit needs and to provide transit services on a cost-effective basis. These include regular route, light rail transit, community-based services , Metro Mobility and travel demand management services . The RTB should continue to plan and implement services that are appropriate for the different travel patterns in the region. These activities should include the restructuring of regular route bus services where appropriate by the Metropolitan Transit Commission. 3. Buses are very crowded during peak travel periods in the two downtowns and in many of the corridors (core city to suburbs) serving the two downtowns. Reverse commuting by transit is also increasing in many congested corridors. Additional funding will be needed to meet this increase in demand for transit service in congested highway corridors . 4 . Suburban community-based services have been the fastest growing segment of the regional transit system. The RTB should establish cost-sharing requirements for these services that are related to the regional importance of the service. 5. The Metropolitan Council , Mn/DOT, the RTB and local com- munities should continue to promote and fund Travel Demand Management (TDM) as a means of alleviating congestion including activities such as rideshare services, HOV lanes, planning for and implementing parking fees and incentives , traffic management activities and transit incentives. 6 . The RTB should define and ensure cost-effectiveness through the application of performance measures to all transit services and providers . 7 . The RTB should continue the policy of recovering a minimum of 35 percent of regular route operating costs from the farebox and should seek opportunities to increase the share of costs recovered from fares . In addition, the RTB should review the entire fare structure as well as periodic fare increases to keep pace with inflation and avoid the crisis which occurs when fares are raised infrequently. sraL- 8 . Federal laws and regulations, as well as the increasing cost of and demand for Metro Mobility, strongly supports the need for a transit system that is accessible to the mobility impaired. Additional federal , state and local funding will be needed to accomplish this objective. 9. In order to provide a unified system that is easily understandable for users , the RTB should place a priority on achieving a coordinated transit system. Fares, route information and marketing for regular route transit should be uniform for all service providers. 10 . The Metropolitan Transit Commission should concentrate its services in the fully developed area as defined by Minnesota Statute Chapter 473 . 385 to assure that a high quality of transit service is provided in those areas with the highest transit dependent population. As established in the Metropolitan Council ' s Transportation Plan, a strong, competitive market should be encouraged for the provision of suburban transit services. 11 . Regular route bus service will continue to be very important in corridors and areas with and without Light Rail Transit and should be incorporated into the planning and implemen- tation of LRT. The organization, ownership and operation of all of these systems should be reviewed to ensure that a fully integrated cost-effective transit system will be maintained. d AL— September 12, 1990 PRELIMINARY FINDINGS HIGHWAY CONSTRUCTION IN SUBURBAN METROPOLITAN AREAS 1 . The Transportation Study Board supports the Metropolitan Council ' s view that the economic strength of the Twin Cities and Greater Minnesota is interdependent and that strong transpor- tation links between the two are required to support the economic strength of each. Therefore, the Transportation Study Board supports the construction of adequate major arterial highway connections between the Twin Cities and Greater Minnesota. These connections need to be given a high funding priority in the metropolitan area. 2 . The Transportation Study Board also recognizes the need to manage growth within the metropolitan area and supports the Metropolitan Council ' s efforts in that regard. Therefore, the Transportation Study Board supports the concept of carefully managing access to and from major highways providing connections between the Twin Cities and Greater Minnesota. 3. Due to changes in growth patterns in recent years and the future changes which may result from the expansion of highway con- nections between the Twin Cities and Greater Minnesota, the Transportation Study Board recommends that the Metropolitan Council review the adequacy of current MUSA boundary policies. October 10, 1990 PRELIMINARY FINDINGS MINOR ARTERIAL ROADWAYS OF THE TWIN CITIES REGION 1 . Minor arterials contribute significantly to mobility in the Twin Cities region. They carry over 25% of vehicle miles traveled in the region as well as a majority of bus service miles. They will be increasingly relied on by the region as the principal arterials are managed to accomodate the longest trips . 2 . Some minor arterials are regionally more significant than others . They provide congestion relief for principal arterials, some provide mobility in rapidly suburbanizing areas, and some provide safe, all season connections among outlying communities of the region. 3 . The regionally significant minor arterials have a substantial unmet funding need . The Metropolitan Council ' s Transportation Advisory Board has estimated an annual need of approximately $35 million through the year 2010. The need primarily relates to items which are not readily addressed by existing funding sources, such as providing various capacity improvements to relieve congestion, or for the acquisition of right of way in advance of urbanization, etc. 4 . Any revenue program established to specifically address the transportation needs of the Twin Cities region should recognize the needs of the regionally significant minor arterials. 5 . A new revenue source for regionally significant minor arterials should not replace existing sources . A new source should have flexibility. Projects should be allocated based on regional priorities established by the metropolitan planning process through the Transportation Advisory Board and its Technical Advisory Committee. 6 . The metropolitan planning process should proceed to define the regionally significant minor arterial system as well as identi- fying the needs and costs of the system and a process that could be used to select projects . LETS ItGET THERE+ On October 1, 1991, the current Federal Surface Transportation Act will expire.This means no federal revenue will be available to fund our nation's growing transportation needs. For Minnesota, some 200 million in federal gas tax dollars are at risk. The future of our nation's economic health and the freedom of mobility we all enjoy depend upon a strong, well-financed national commitment to better transportation. Let's Protect Minnesota's Investment: The investment in America's surface transportation system is enormous. Minnesota's total road and bridge investment is worth almost$60 billion. Our system for moving people and goods is essential to domestic productivity, international competitiveness, and quality of life.This system must be maintained to meet our transportation needs. Let's Keep Minnesota Safe: Nationwide almost 50,000 people lose their lives in accidents involving highway traffic, marine and rail operations every year. While Minnesota has the lowest highway traffic fatality rate in the country, 605 Minnesotans still lost their lives in traffic accidents in 1989. Minnesotans want all forms of transportation they use to be safe. The federal government should be a major force in promoting safe transportation. Let's Improve Minnesota's Economy: The world is shrinking. Minnesota is part of a global economy that is vastly more competitive than ever before. For Minnesota to compete in a global marketplace, a highly efficient and environmentally sensitive transportation network on which to move people and products is a necessity. The new Federal Surface Transportation Act must provide a sound financial basis to begin rebuilding the nation's worn out roads, bridges, transit systems, railroads, and waterways. Let's Keep Minnesota Mobile: Traffic congestion and delays are growing, costing us time and money. Nationwide in 1987, 65 percent of peak-hour travel on urban interstates experienced congestion. In Minnesota, by the year 2000, forcasts project over 125 miles of roadway will experience severe congestion. Congress must act to provide adequate funding for states to address their traffic congestion problems. If nothing is done, we can only expect things to get worse. Let's Keep Minnesota Connected: Rural areas depend upon effective transportation to link households and businesses. Access to markets and essential services is key to ensuring the health and vitality of Greater Minnesota. A new Federal Surface Transportation Act must recognize and address the needs for improved roads, bridges, transit, rail, and waterway services in rural areas. NW'lflVd 1S LL94 'ON IIINbad CI IVd 39d1SOd S n LtiSS elosauuiw `siiodeauuiw alba>nne .3'S .any ApSJeA!Un ZOb£ eouery uoiiepodsuei eloseuuiw .sesodand uoRelaodsueal-uou aoi spunk uoileiodsueal uoisienlp Juane d of lebpnq impel NI wog spun3 isnal ssew pue Aenny6iH anowe •g •sesodind uoileuodsueal-uou.ioi saxes eu!lose6 uoisianip esoddo •uoile1Jodsueal ao�seoueleq puna lsnal usueal ssew pue AeMy6iH lueJJno eq 'sped yseo a of `uMop pueds .£ •puna isnal l!sueJ±ssew pue AeMg6!H eui loeue-aa •Ainlue is iZ eq olui eopewv to speeu uoiiepodsueal a41 sessaappe 1e4 lob' uou podsueal laieped pepuni Aielenbepe pue a gelinbe `Aiewii e loeu3 •1. aiagl lap ue3 am MOH s,aaaH 06-01 8 ,- NEWS & ISSUES A I IIIAa10P . THE MINNESOTA TRANSPORTATION HLLIH11161 A newsletter for Minnesotans interested in transportation -_� Nearly7,000 Brides Need fBRIDGE1 Repair by Year 2ó'OO L0 S E D One-fourth of Minnesota's bridges million for the current backlog and (4,899) are considered deficient and $30 million annually for future another 2,000 bridges will become de- deteriorating bridges. ficient in this decade, according to a Unless funding is increased, the study commissioned by the Alliance current$69 million shortfall will and conducted by the Road Informa- grow to$692 million annually(in tion Program (TRIP), Washington, 1989 dollars) by the year 2000. The D.C.-based highway research group. study also said it will take 21 years to TRIP estimates the repairs to cost repair existing deficiencies at the $1.2 billion until the turn of the current level of funding. century to take care of the current Nearly 88 percent of current backlog and keep pace with future deficient bridges are under local needs. jurisdiction—county, township and In the study, TRIP recommends municipal. The remaining 12 percent Minnesota spend more than $118 are on the state system. million a year on its bridge program "Minnesotans must address the until the year 2000, compared to$49 state's growing bridge problems this million spent on bridges in fiscal year year before it reaches a crisis situ- 1989. This figure includes $88 Continued on Page 8 78% of Minnesotans Say: Save Our Roads! In a recent poll by the Star Trib- despite the findings, the Legislature une-KSTP Minnesota Poll, nearly is unlikely to raise any highway taxes four out of five Minnesotans said they or fees this session. According to the would be willing to pay more in state story written by veteran Capitol gasoline taxes or registration fees or Press Corps reporter Bob Whereatt, to pay bridge or road tolls to raise besides disliking tax increases in money for road repair and mainte- election years, legislators are waiting nance. to see the Transportation Study The poll also reported support for a Board's initial report due in January metro area light-rail system and the 1991. use of tax money to pay for it. Fred Corrigan, executive director The Star Tribune reported that Continued on Page 5 Volume Two, Number One Winter 1990 Funding, Hiahway Congestion, Rural Roads and RT Seen As the Cñtical �islators Issues By State LTransportation State lawmakers serving on House the state. LRT, improved bridges, and Senate transportation commit- and expanding public transit in the tees are most concerned about rural areas are also important issues developing stable funding sources for for the voters who elect these men transportation needs, the growing and women. congestion on highways and roads, Stable Funding Sources and the role of light rail transit(LRT) Sen. Clarence Purfeerst, Chair in the overall transportation picture. of the Senate Transportation Com These concerns came through mittee, summed up his concerns strongly in a survey of the legislators about funding by saying, "We need a conducted by the Minnesota Trans- stable, secure source of funding,both portation Alliance in January. state and federal, for our highways Other important issues and transit systems. , include improving rural "We need a long-term approach,"he highway systems and in said,"that will continue to offer safe ��' 3' creasing public transit for transportation alternatives to all a �" rural areas, as well as citizens across the state, including �. ..� upgrading surface transit in those in our small cities and towns. the Twin Cities area. 1, ,lb,. Senior citizens need access to medical�� With eight of the 12 Senate care, feeding programs, and social ;:,t 4.... Transportation Committee centers, and our disabled citizens members and 12 of the 28 need access to assure quality of life." House Transportation Com- Purfeerst is from Faribault and ` IL -4 mittee members responding, Sen.Clarence M. Sen.Phyllis W.McQuaid, representing District 25. most also have high expecta- Pur/'eerst,DFL Chair, IR,St.Louis Park, Sen. Phyllis McQuaid, IR from Senate Transportation District 44 tions of the Transportation St. Louis Park, District 44, notes that Committee,Faribault, Study Board appointed by her district has the entire spectrum District 25 Governor Perpich. They see that board's two of transportation. She lists"main- taining existing highways, increasing primary tasks to be develop ing a long-term, stable costs of this maintenance, and approach to funding and increased costs of owning an automo- t+ ► bile" as the issues with the highest providing a comprehensive priority. "People want less, not more, and balanced master plan traffic in our area," she said. which is realistic and fair for all regions of the state. Three Rep. Katy Olson, DFL from Sher- , respondents to the survey, burn, District 28B, also sees stable however, had few or no funding as a critical issue. "We need expectations of the board to keep adequate funding for highway , Rep.Katy Olson,DFL Rep.Harold ,DFL seeingit as a waste of time epairs and improvements," she said, Sherburn,District 28B Cambridge,District 19A "as well as for rural Minnesota roads. and money. The uncertainty of state aid funding, The legislators also reported their which has deteriorated in the last perceptions of the major transporta two years, makes it difficult to plan tion concerns for their constituents. » The main issue by far is the deterio- construction projects, Olson said. ration of trunk highways throughout Rep. K.J. McDonald, IR from 2 g Watertown, represents District 35B suburban jobs. Do we need a new which includes Carver County in the airport?" metro area. He,too,is concerned Light Rail Transit (LRT) about funding and believes that"to g achieve stable funding, MVET should Sen. Gary DeCramer, DFL from be transferred to MnDOT." Ghent,District 27,notes that"Minn- Rep.Harold Lasley, DFL Cam- sota continues to be a pioneer in bridge, District 19A,voiced his traffic management methods, and concern for stable funding, as well as perhaps the largest issue that we will alternative options for transportation. consider is light rail in the Twin Rep.Terry Dempsey,IR Cities as we work hard to anticipate = ,, from New Ulm,District 23A, and battle highway congestion." said"the distribution formula Sen. Lantry's constituents in St. '/ for state aid funds and gas Paul see LRT as having a high „ ` • r''''•, tax"are important issues. priority as a means to improve public c "The question of how much transit.They also want improvement state money will be put into in bus service, as well as the comple- ' IN. light rail is a major issue of tion of I-94 in the area of Mounds Ili . iii concern to Greater Minne- sota,"he said. "High priority p.Richard Pellow, IR, who issues for my constituents are represents District 52B and lives in Rep.Terry Dempsey,IR Sen.Robert J.Schmitz, funding for county and New Brighton,is also concerned New Ulm,District 23A DFL,Jordan,District 36 township highway and bridge about LRT,"If in fact we have light -- fl projects." rail"he says,"it should serve the people who can make best use of it. I Highway Congestion think a study needs to be done in that Sen.Robert J. Schmitz, regard." DFL from Jordan represent- Rep.Don Valento, IR from Little ing District 36 said,"It seems Canada,District 54A,thinks LRT is like we should be looking at the most critical issue facing Minne- other means of moving people sota in terms of transportation, and in the metropolitan area. We he's not happy with the way the issue A ri , cannot afford to continue with has been handled thus far. Sen.Marilyn M.Lantry, Rep.Peter McLaughlin, one-person-per-motor-vehicle "The irresponsible fast-track DFL,St.Paul,District 67 DFL,Minneapolis, to fill up our highways." planning for LRT,"says Valento,"will District 60B Sen.Marilyn Lantry, sooner or later siphon off money from DFL from St. Paul represent- highway construction and transit r '`"" ing District 87, sees conges- (systems)...If LRT is to come to tion as the major issue too. Minnesota,it should be worked into 4 "Congestion of inter-city free- planning for transit and highways, ' ways and updating Greater and monies should by spent jointly in ii t a Minnesota roads to ten-ton construction of the state network,"he capacity are the most critical said. - issues right now,"she says. Valento sees such planning as one Rep.Peter McLaughlin, function of the Transportation Study DFL, represents District 60B Board. Sen.Gary DeCramer, Rep.Richard Pellow,IR and lives in Minneapolis. He Rural Highway Improvement DFL,Ghent,District 27 New Brighton,District talks about"the growing g y p 52B mobility crunch in the metro Sen.James Vickerman, DFL area. High priority issues for from Tracy representing District 28, my constituents include mass transit, says his constituents see the improve- LRT,congestion on 35W,airport noise ment of farm to market roads as the and capacity,and transit service to most important issue facing the state Continued on Page 4 3 Transportation in the area of transportation. They Eveleth, District 6B,sees the need Committees also want highway 59 upgraded or for repairs and upgrading the pres- Continued from Page 4 rebuilt.Thus,from his point of view, ent roads."Stop building new high- the issue goes right back to one of ways, and stop making costly con- funding.Where will the money come struction mistakes. Reconstruct or from? repair the present highway system," Sen.Lyle Mehrkens,IR from Red he states. "Resurface existing roads Wing representing District 26, agrees and correct safety problems." that"upgrading rural market roads has the highest priority,followed by Transportation Study Board ,�, relieving congestion in the Rep. Henry Kalis, DFL of Wal- 44 .-, metro area." ters, District 29B,Chair of the House Sen. DeCramer,in addition Transportation Committee and 1-' ; --. to his concern about LRT and Chair of the Transportation Study � highway congestion, also Board until January 1,noted only ttgiti r points out that"as the popu- that he hopes the Transportation t t \ lation of Minnesota moves Study Board(TSB)can provide a E' into the metro area,it's longer range plan for state transpor- important that we maintain a tation needs. (See story on Rep. .\ e strong network of highways Kalis'comments on legislative 4 in Greater Minnesota and agenda for 1990 session.) Rep.Don Valento,IR Sen.James Vickerman, Little Canada,District DFL,Tracy,District 28 ensure that residents of small Sen.Vickerman said be believes 54A towns have access to transit." the Board is a good one, and he is He notes that"agriculture anxiously awaiting its findings. p. -rand manufacturing provide Sen.James Metzen,DFL from -" ,`: the economic base for District South St. Paul representing District 27,and good roads are 39, said he expects the TSB"to make .i, _ -. essential for these industries recommendations on how to build iiimk, to flourish. and improve Minnesota's highway ' r "A dependable highway system to ensure it meets our grow- s "" ' link to the Twin Cities and to ing needs. I expect it to make a I-90 from the area is impor- recommendation regarding road tant to the continued prosper- impact fees,to determine how LRT ity of the district,"he said. will affect highway usage,and to Sen.Lyle G.Mehrkens,IR Rep.Bernie Lieder,DFL Rep.Bernie Lieder,DFL recommend a decision regarding Red Wing,District 26 Crookston,District 2A from Crookston,District 2A, expansion of the airport(MSP sees"a more adequate 10-ton International)." Iti^ - * system of roads and improved rural transit"as the most critical issues in his district. Rep.Andy Steensma,DFL from AIP Luverne representing District 27B, sees the TSB's main function as "The upgrading of much of providing"Future guidelines and the road system to eliminate direction, as well as a handle on seasonal road restrictions transportation costs." , with hard surfaced roads are Rep. Lieder is calling for the TSB A t of high priority for people "to propose an adequate, stable, and here. We also need to expand equitable funding system for surface Rep.Joseph Begich,DFL Rep.Henry J.Kalis,DFL the rural transit system to transportation. It also should provide Eveleth,District 6B Chair,House Transporta- provide adequate service on a an unbiased report for the determi- tion Committee,Walters, District 29B scheduled basis so the nation of the needs and jurisdictions smaller communities can of the streets and highways in the retain their population base as a state,"Lieder said. work force in the area." Rep. Lasley expects the TSB"to Rep.Joseph Begich,DFL from establish a framework which will 4 prioritize and coordinate transporta- past experience with similar study tion needs into the next century." groups:"Unfortunately the studies Rep.Joyce Henry, IR from are usually not good for much other Bloomington,District 40B, says she than discussion. I've seen too many "expects the Transportation Study studies made on LRT,for instance, Board to take a balanced and in- that were then shelved,and then formed approach to the many needs, another study done a few years later and also to seek the most cost- on the same subject." effective methods to accomplish this Rep. Begich goes further:"More goal." paper. More taxes.Another govern- On the other hand, Senator ment(agency)not needed. If our McQuaid doesn't have very high present highway department can't do expectations of the Board, based on thejob, we should hire people who .4 can." f But Sen. DeCramer says ',.., : .'14 the TSB's most important A4 • function comes back to the - - '4% „ - — funding issue. "As we enter , ;: .. the 90s,"says DeCramer,0, tir \ • ;4,,, "it's important that we and take a look at L 1 our mechanisms for high- way and transportation Sen.James Metzen,DFL Rep.Andy Steensma,DFL Rep.Joyce Henry,IR Rep.KJ.McDonald,IR funding. I believe the TSB South St.Paul,District 39 Lucerne,District 27B Bloomington,District Watertown,District 35B can assist the Legislature 40B in that task. V Save Our Roads reportedly this high,I am more Continued from Page 1 confident than ever that The Alliance's strategy for inviting of The Alliance, commenting on the greater public involvement in trans- poll said, "With Minnesotans'expec- portation decision-making is a sound tations about surface transportation approach." V Paying for roads Minnesotans are concerned enough about improving road repair and maintenance that a large percentage are willing to: 438% ...- Favor toll roads P• .48°/. . „ger Source: Minneso� �/ /O adul state-ta � ° Poll of soo �y higher gas taxes Sampling wide.Jan. 17 23. V� �� / 8 /° plus or m nus.error:4 ° percentage points, Do at least one of the above Reprinted with permission of the Minneapolis Star Tribune,2-5-90 5 NEWS FROM THE CAPITOL Langseth Succeeds Kalis as Transportation Study Board Chief Sen. Keith Langseth of Glyndon, every facet of surface transportation, - �- representing District 9 in western reviewing how all decisions are Minnesota, assumed the chairman- currently made in the current deliv- ship of the Transportation Study ery system and is closely monitoring '' Board effective January 1. Sen. aboutea a totally modern and es fficin an effort tobentring Langseth succeeds Rep. Henry Kalis ,vi,. as part of a planned succession and transportation system for Minnesota will serve until the Study Board in the future." makes its final recommendation to Sen. Langseth was House of Representatives in 1974 and d to the the Governor in January 1991. ' • R , Rep.Kalis,who also serves as chair to the State Senate in 1980. He of the House Transportation Commit- serves on the Finance, Education, tee,served as the Study Board chair Education Funding,Veterans and from the time of its formation in July Transportation Committees and is Sen.Keith Langseth, District 9 1988. chair of the Agriculture,Transporta- Sen. Langseth said,"For the past tion and Semi-States Division of the year,I have watched the work of the Finance Committee. Besides the Transportation Study Board unfold Transportation Study Board, Sen. into one of the most significant Langseth also chairs the State Advi- endeavors taken on by the legislature sory Council on Metropolitan Airport in quite some time. The Study Board Planning. was created to conduct a study of Sen. Langseth is a dairy farmer,a Minnesota's surface transportation career he shares with his wife of 32 needs into the 21st century and rec- years,Lorraine, and their son,Dan. ommend a program for making Their other children, Gayle and Joy, transportation improvements to meet live nearby. The Langseths have six those needs. grandchildren. V "The Study Board is examining .IIISS/ON Minnesota Transportation Alliance,Inc.is a citizens' organization dedicated to the furtherance of better and safer transportation systems at all levels—state, county,township and urban.The organization stresses the importance of adequate transportation facilities to the progress of economic,educational and social development. 6 NEWS ABOUT Asa I I:# . . mt THE MINNESOTA TRANSPORTATION 19th Washington Fly-In Planned Planning is under way for members ers to the Fly-in scene have indicated and friends of The Transportation an interest in going with us,many Alliance to join the Washington, D.C. from outside the organization. We Fly-in scheduled for Tuesday-Thurs- hope they'll join us when the time day,March 20-22. comes." A 19-year tradition of The Alliance, Plans call for departing Minneapo- the Fly-in provides Minnesota trans- lis-St. Paul on Tuesday afternoon, portation advocates the opportunity March 20, and staying at The Chan- for an annual agenda in meeting with nel Inn in D.C. Tentatively sched- Minnesota Congressional delegation uled for the next day is an 8:40 a.m. and staff. departure for the U.S. Chamber of This year's agenda calls for discus- Commerce offices for a day of speak- sions with representatives from a ers,panels and discussion. Friday, broad range of federal departments March 22,is slated for meetings with on the implications of the 1992 Minnesota lawmakers,with the Federal Surface Transportation Act business concluding in the afternoon. on rural and urban transportation. Anyone interested in more infor- Several high-level officials have mation may call Jerry Anderson at been invited to participate and, The Minnesota Transportation according to Fred Corrigan,Alliance Alliance office, 612-379-7227. V executive director,"A raft of newcom- Alliance Chapters Up and Running Transportation issues have gotten tricts 3 and 6,is to be chaired by a step closer to the grass roots from Charles("Chuck")J. Swanson of the halls of the Capitol in the last few Stillwater, administrator of Washing- months. The four Transportation ton County. Alliance regional chapters announced Five issues emerged as"one's"for in the fall have held board meetings, all four chapters. (One's were defined elected officers and determined their by Corrigan as those which the priority issues. chapter will take a strong position on Heading the Northern Chapter, and include in a legislative platform.) comprising the 7th and 8th Congres- Those five were: County state aid sional Districts, as chair is Dave legislation,MVET sunset to local Gravdahl,general manager of Breezy governments,Mn/DOT's safety Point Resort outside of Brainerd. enhancement plans,the Federal Paul Bailey, secretary-treasurer of Surface Transportation Act of 1992 Teamsters Local 221, will serve as and trust fund reductions.After that, chair of the Twin Cities Chapter issues fell where one might guess— which incorporates Congressional light rail as a priority for the two Districts 4 and 5. Dorothy Grotte, metro chapters, timber roads a Martin County Commissioner and a priority for the two Greater Minne- resident of Fairmont, heads the sota chapters,for example. Future Southern Chapter, which covers issues will profile each of the chap- Districts 1 and 2, and the Suburban ters, one by one. V Metro Chapter, incorporating Dis- 7 Bridge Repair ation. The Minnesota Transportation increase travel distances in south- Continued from Page 1 Alliance advocates passage of legisla- eastern Minnesota, and add to the tion this session to provide$50 cost of transporting products for the million in bonding authority for local sugar beet and timber industries in bridges,"said Fred Corrigan,execu- northwestern and northern Minne- tive director of the Alliance,at Feb. sota,"Corrigan said. '.. 1 news conferences in Duluth, St. badges incravel on eased 28 percentsince • and Paul and Rochester. Corrigan noted that funding at the 1980 and traffic density increased 34 BRIDGE local level will also be further im- percent. At the current growth rate, patted by legislation sunsetting the county and municipal share of MVET traffic density will increase another CLOSED 32 percent by the year 2000,placing AHEAD ✓ (motor vehicle excise tax)revenues more wear and tear on the road and after 1990. This action will further bridge system. reduce local governments'resources Funding for Minnesota bridges by more than$100 million by 1995, declined at the same time travel grew resources which would have been and the inventory of aging bridges available to address local bridge increased. I �, needs. Federal funding for bridges de Minnesota is facing serious bridge dined 26 percent since 1986, and problems in the future since nearly TRIP does not anticipate federal 38 percent of its bridges are 50 or funds to improve because of federal more years old and the average life- budget constraints and cutbacks span of a bridge is 60 years. Many of made in the 1987 Federal Highway these bridges are larger and more Act. expensive than the 650 bridges State and local funding for bridges repaired between 1986 and 1989. decreased 12 percent between 1983 "The economic impact of substan- and 1988,but saw a slight increase in dard bridges affects all communities 1989 because of one large,expensive and industries in the state. Inade- project—the Lake Street Bridge quate and closed bridges contribute between Minneapolis and St. Paul. V to congestion in the Twin Cities, IA II I 11 11. 11404111 THE MINNESOTATRANSPORTATION L utriihi BulkRate i U.S.Postage PAID 3402 University Avenue S.E. Permit No. 1671 Minneapolis,MN 55414 Minneapolis, MN e a.- t�� Sq sp '� Minnesota �, �, P� Department of Transportation Transportation Building St. Paul, Minnesota 55155 MINNESOTA 1990 OF Ta LEONARD W. LEVINE (612)296-3000 COMMISSIONER CURRENT TRANSPORTATION ISSUES By Leonard W. Levine Commissioner, Minnesota Department of Transportation The transportation challenges we face in Minnesota reflect national concerns. Because of the emphasis Governor Rudy Perpich has placed on improving our trans- portation infrastructure and because of the strong transportation support provided by state legislators, we have been able to respond to these challenges better than almost any other state. The specific transportation issues that have been identified as top priorities in Minnesota include the following: • Urban and suburban congestion. • Highway and bridge safety. • Transportation services in rural areas. • Alternative transportation financing. At a time when needs far outstrip available funding, improved management will play a major role in meeting the transportation needs we have. The Metro Area Traffic Management Plan, announced a little over a year ago, incorporated a 10 point program to respond to the traffic congestion issue in the Twin Cities Metro Area. The plan included increased ramp metering, more Highway Helper trucks, the installation of call boxes to assist motorists in trouble, off-freeway sites for accident investigation, the use of road shoulders for additional traffic lanes, aerial traffic surveillance and the use of FM Radio to relay information from Mn/DOT's Traffic Management Center directly to motorists. More initiatives to relieve conges- tion are planned for the upcoming year. Our goal is to be on the leading edge with respect to freeway operations management. The Minnesota Department of Transportation (Mn/DOT) established an Office of Freeway Operations specifically to deal with freeway monitoring and inci- dent response, freeway operations planning and traffic demand management. In addition, the two Mn/DOT districts serving the Metro Area were consolidated. The benefits will include greater uniformity in planning and client services and improve- ments in resource utilization and metro freeway management. I am a strong sup- porter of a "family of vehicles" to help solve our Metro Area congestion problems. An integral part of this approach is developing a viable Light Rail Transit System that moves people, not just vehicles. A light rail system would help reduce traffic An Equal Opportunity Employer congestion, enhance the area's attraction for business and industry, reduce air pollution and enhance the area's overall quality of life. Important steps have also been taken to address the lack of adequate trans- portation services in the small towns and rural areas of Minnesota. Mn/DOT's Market Artery Program focuses road improvements in such a way that they will better serve the needs of business and industry in rural Minnesota. A major aim of this program is to reduce the number of weight restricted roads serving rural com- munities. The mileage of year-around 10-ton roads has increased from about 18 percent to 74 percent in 1989. Mn/DOT has a close partnership with local communi- ties and the private sector in providing transit service in rural Minnesota. In just one year the number of local transit systems has grown by 42 percent, from 43 systems in 1988 to 60 today. Highway and bridge safety is a top priority. The citizens of Minnesota spoke to this issue at a series of public safety forums held throughout Minnesota last fall. Mn/DOT will announce a Transportation Safety Enhancement Plan in late January. Mn/DOT actively supports research, and the development of new technologies which address both environmental concerns and the nation's future transportation needs. A proposed study of a magnetic levitation train route between the Twin Cities and Chicago and a proposal to make Minnesota a national leader in automated vehicle highway technology are examples. A variety of financing alternatives involving the private sector must be pur- sued if we are to meet the transportation investment needs of the 1990s. A Com- mittee On Alternative Transportation Financing is preparing a report for the 1990 Minnesota State Legislature. Mn/DOT has contracted with a nationally recognized research firm to conduct a market analysis of toll roads in Minnesota. The Minnesota Transportation Study Board, consisting of 8 legislators and 13 citizen members,is examining Minnesota's highway, transit and rail service needs for the 21st century. The Study Board will develop a financial program to meet these transportation needs which I will recommend to the Governor and State Legislature by January 15, 1991. Working together, I am confident we can respond well to the transportation challenges of the 1990s. In this way, Minnesota will continue to be a national trans- portation leader. U ,6 MEMO TO: Dennis Kraft, City Administrator Datie.' FROM: Dave Hutton, Public Works Director SUBJECT: Lewis Street Project No. 1990-5 DATE: November 14 , 1990 INTRODUCTION: Staff has received correspondence from S.M. Hentges & Sons, Inc. regarding the final completion date for the above referenced project and requesting that any liquidated damages be waived. BACKGROUND: On May 15, 1990 the City Council of Shakopee awarded the Lewis Street Reconstruction Project to S.M. Hengtes & Sons, Inc. of Shakopee, MN. The contract states that: "It is understood that the project shall be substantially complete by September 1, 1990 and totally complete by September 30, 1990 . The liquidated damages for failure to complete work on time will be $200. 00 per calendar day. " (Section VI of the contract) The notice to proceed was issued on May 29, 1990 and the contractor started work that same day. The substantial completion date of September 1, 1990 was put in the contract due to Central Elementary School being located on this street. By September 1, 1990 the base course of asphalt was down and the majority of sidewalk was completed, so staff informed the contractor that he had met the September 1st deadline. The remainder of the project was not completed until October 13 , 1990 when the final wear course of asphalt was installed. Based on the contract completion date of September 30, 1990, the contractor finished the job 13 days late. Staff has informed the contractor that liquidated damages totalling $2 , 600. 00 will be deducted from his final payment and that the damages could not be waived by staff, but only by the City Council . Attached is a request from Mr. Steve Hentges asking the Council to waive the liquidated damages. During the latter stages of this project, there was considerable correspondence between staff and the contractor regarding his contractual deadlines. The following summarizes that correspondence: August 1, 1990 - Letter sent from staff to the contractor indicating that he was behind schedule and may not complete on time. August 10, 1990 - Letter from contractor to staff requesting an extension on the September 1, 1990 deadline. August 29, 1990 - Letter from staff to contractor indicating that he had met the September 1, 1990 deadline and denying an extension on the September 30, 1990 deadline. Staff also told the contractor to submit another request for an extension of the September 30, 1990 deadline if he was falling behind. September 21, 1990 - Letter from staff to contractor again informing him of the September 30, 1990 deadline and indicating an extension should be requested if he was not going to be complete by then. Based on the above correspondence, it appears that staff gave the contractor every opportunity for a contract extension, but he failed to obtain one. As staff interprets the contract, liquidated damages must be levied and the Project Engineer (myself) cannot waive them. Staff has also attached a table showing the amount of available working days each month, the actual number of days the contractor or his subcontractors worked and the amount of rain days whereby no work could be done. ALTERNATIVES: 1. Grant the request and waive all liquidated damages on this project 2 . Deny the request and levy the appropriate liquidated damages. RECOMMENDATION: Most municipalities include a completion deadline and liquidated damages provision in their public improvement contract, but very rarely are they enforced. The reasons for this are: 1) in most cases the construction going beyond the completion date does not directly affect the City financially and 2) it would result in driving up the bids on projects or reduce the number of bidders who will bid on projects. Shakopee is no exception. Past City Councils have not enforced this provision exclusively and uniformly for all projects. But the current City Council of Shakopee has made it quite clear that liquidated damages provisions will be enforced. Staff also feels that the contractor has been made aware of this fact and also given every opportunity to avoid liquidated damages by obtaining an extension on the contract deadline, but he has failed to do so. eja All other contractors were treated the same way in 1990 and required to meet their contract deadline or obtain an extension if there were legitimate reasons for not completing the project on time. Therefore, staff feels that if the City Council is committed to this provision of this contract and all future contracts, they should deny the request and direct staff to levy liquidated damages against the contractor in the amount of $2 , 600. 00. ACTION REQUESTED: Discuss the request to waive all liquidated damages associated with the Lewis Street Project No. 1990-5 and its contractor, S.M. Hentges & Sons, Inc. and direct staff to take the appropriate action. DH/pmp DAMAGES irb MONTHLY TOTALS - WORKING DAYS May June July Aug. Sept. Oct. Total # of Available Working Days (Not 3 21 21 23 19 10 Including Weekends) Total # of Days Actually Worked (Not 3 20 11. 5 21.5 11 5 Including Weekends) # of Rain Days 0 4 6 1. 5 4 1 Note: The Gas Company worked from June 21 - July 3 , 1990 (9 days) and July 16 - 20, 1990 (5 days) This information was taken directly from the City's inspection reports. sco_DEVELOPMF'v, S.M.Hentges (��{ &Sons Inc. P. 0. BOX 212 SHAKOPEE, MN. 55379 SHAKOPEE MN. 445-7004 71Es-T uc046 (612) 445-7004 November 9 , 1990 34 Mayor & Council Members 1/— 9 0/0 Dennis Kraft, City Administrator City Hall 1 1TY OF SHA;. OPE 129 east First Avenue Shakopee, MN 55379 Honorable Mayor and Council Members, As you may know, my Firm was the general contractor this past summer for the reconstruction of Lewis Street. On August 10, 1990, I requested a contract completion extension from Mr. Dave Hutton. This request was based on the amount of time we lost due to the very rainy spring we had, and time lost due to Minnegasco relocating their lines. Mr. Hutton responded to my request on August 29 , 1990, indicating that since construction was going well , he did not foresee us needing an extension for the completion date of September 30, 1990. Mr. Hutton did state that if things went array before September 15 , 1990, he would consider granting us a two(2) week extension. The construction went well during the first half of September, and we thought we would be able to live up to Mr. Hutton 's expectations of completing on schedule. Unfortunately, things went down hill after September 15 , 1990, with schedule conflicts, a little rain, and City requests. All these problems contributed to us completing the project two(2 ) weeks behind schedule. Therefore, based on the above information, I do hereby request the City Council waive any and all liquidated damages and extend our contract completion date to October 13, 1990. Thank you for your consideration . Respectully Submitted, even entges President GENERAL CONTRACTOR SEWER & WATER, EXCAVATING, SITE DEVELOPING, TRUCKING & HEAVY EQUIPMENT MOVING 183 University Ave.East St.Paul,MN 55101-2526 League of Minnesota Cities (612)227-5600(FAX:221-0986) November 9, 1990 David Hutton Public Works Director City of Shakopee 129 East 1st Avenue Shakopee, Minnesota 55379 RE: Nelson v. City of Shakopee Dear Mr. Hutton: Enclosed are Judge Young's Findings of Fact, Conclusions of Law and Memorandum. As you can see, he found that Mr. Nelson did not prove that the city was negligent. He said that the city exercised reasonable care in the maintenance of its sewer lines. You and Harry Pass did a good job of explaining the city's procedures relating to the maintenance of the sewer system and the city's response to this incident. Please thank Harry and also Joe Honermann for their assistance in preparing for this trial. Mr. Nelson can appeal this decision to the Minnesota Court of Appeals. He has 90 days from November 7 to appeal which would be to February 5, 1991. If you or anyone else in the city has any questions about this case, please contact me. Thank you again for all of your help and cooperation. Sincerely, A /' , A A. Ellen A. Longfellow LMCIT Staff Attorney cc. Karen Marty City Attorney Recommended Action: Receive and file the District Court First Judicial District ' s Findings of Fact , Conclusions of Law and Order and Judgment regarding John Nelson vs . City of Shakopee . dated Nov. . 7, 1990. SP c- STATE OF MINNESOTA DISTRICT COURT COUNTY OF SCOTT FIRST JUDICIAL DISTRICT John Nelson, File No. 90-06118 Plaintiff, vs. NOV - 719E0 FINDINGS OF FACT. CONCLUSIONS OF LAW City of Shakopee, SCOTT Cfl1: .• .,,(_, AND ORDER Defendant. `nENT The above entitled matter came on for trial without a jury before the under signed on the 31st day of October, 1990, at the Scott County Courthouse, in the City of Shakopee, Scott County, Minnesota. The matter was before the Court on Defendant's demand for removal from Conciliation Court. Plaintiff appeared pro se. Defendant was represented by Ellen A. Longfellow, Attorney at Law. Based upon the file, records, testimony, and all the proceedings herein, the Court makes the following: FINDINGS OF FACT 1. John Nelson, Plaintiff, owns an apartment building located at 1307 East Shakopee Avenue, Shakopee, Minnesota. The apartment building is served by the City of Shakopee's sewer system. Sewage from the apartment building flows into an 8-inch clay pipe located under East Shakopee Avenue. This pipe then flows west into the larger sewer pipe that follows County Road 17. 2 . On the morning of March 30, 1990, Plaintiff called the Shakopee Public Works Department to complain that sewage was backing up in the basement of his apartment building. Harry Pass, a foreman with the City Street Department, was informed of the complaint at 9 : 15 a.m. by his supervisor. He then went out to the intersection of County Road 17 and East Shakopee Avenue to investigate the back-up. Mr. Pass had three manhole cover taken up and the sewer line was jetted. During this process the cause of the back-up was discovered. 3 . A 1x3x20 inch board was stuck in the 8-inch sewer line on East Shakopee Avenue close to the manhole on County Road 17 . The board had caught on a 3-inch drop between joints in the sewer pipe. This blocked everything flowing from the west and caused water to back-up in the sewer line and collect in Plaintiff 's basement. 4 . The board was not in the sewer line for a very long time because it was not discolored. Someone had to have put the board into the sewer because there is no way that a board of its size could have made a turn in an 8-inch pipe. 5 . The City was aware of the 3-inch drop in the pipe joint since September 7, 1979 . The back-up that occurred on March 30 , 1990, was the first problem the City had with that location. 6 . The City has a regular maintenance program that cleans the sewer lines at least once a year. Most Cities do not go through their sewers as often as Shakopee. The sewer that serves Plaintiff ' s property was jetted or flushed three times in the last three years: December 14 , 1987 ; February 15 , 1989 ; and November 1, 1989 . There was no indication that the line serving Plaintiff ' s property was a problem. The City also has a written emergency 2 sewer callback procedure which was in effect at the time of the March 30, 1990 event. 7 . The sewer pipe that runs underneath East Shakopee Avenue, and serves Plaintiff 's property, is an 8-inch diameter clay pipe. These pipes come in lengths of 3 to 6 feet. It is common for offsets to develop in this type of pipe from settling. Clay lines were in very common use at the time the line was put in place, but are not often used now. The City now uses longer plastic pipes (20 feet sections) that have fewer joints in sewer construction. The City is replacing all the old clay pipes when it replaces a street. The only other time the City would replace an old clay line is it a severe problem, such as a collapse, developed. It costs the City $40. 00 a foot to replace the old sewer lines. The City has 35-40 miles of sewer lines, of which 70-75% are the old clay lines. 8 . A 3-inch drop in an 8-inch sewer line causes a loss of 30-40% carrying capacity. However, such a drop is not viewed as a problem because the line even with the drop is adequate for the number of homes that the line serves. 9 . Plaintiff submitted a bill to the City for damages and labor costs due to the sewer back-up for $1, 012 .90. Of this amount, $682 . 50 was for Plaintiff, his wife and friends labor costs calculated at $52 . 50 hour. Plaintiff alleges that the City was negligent in the maintenance of the sewer line that serves his apartment building and should be responsible for his damages. 10 . The City does not dispute the cause of the back-up, but does deny that it was negligent. In addition the City disputes the 3 O $52 . 50 hourly rate charged by Plaintiff for the cleanup. CONCLUSIONS OF LAW 1. That the City has a duty to exercise reasonable care to keep the sewer line which served Plaintiff ' s property free from obstructions. 2 . That the City exercised reasonable care to keep its sewer lines free from obstructions by performing yearly maintenance on the line. 3 . That the City had a duty to remove the obstruction from the sewer line which served Plaintiff' s property within a reasonable time after actual notice of the problem. 4 . That the City removed the board from the sewer line within a reasonable time after actual notice of the back-up. ORDER 1. That Plaintiff has failed to prove by a preponderance of the evidence that Defendant was negligent and is not entitled to judgement against Defendant. 2 . That the attached memorandum is hereby incorporated by reference. LET JUDGEMENT BE ENTERED ACCORDINGLY. Dated: November 7 , 1990 . BY THE COURT: ZC441-k Michael A. Young Judge of District '.urt JUD(XENT I hereby certify that the above Findings, Conclusions of Law and Order shall constitute the Judgment of this 4 Court. Dated: 11-7-90 Court Administrator MEMORANDUM There is no dispute over the cause of the sewer back-up. The 1x3x20 inch board became stuck on a 3-inch drop in the sewer pipe joint and cause a back-up resulting in the Plaintiff' s basement flooding. The dispute centers on whether the City failed to exercise reasonable care to keep the sewer free from obstructions. Specifically whether the 3-inch drop should have been repaired and if the City was responsible for the board being in the line. A municipality has a duty to keep sewers in good repair and free from obstructions. Taylor v. City of Austin, 20 N.W. 157 (Minn. 1884) . The City did perform yearly maintenance on the sewer line. The City knew since 1979 that a 3-inch drop in the joint had occurred and did nothing to repair the drop. However the drop did not constitute an obstruction by itself and the sewer functioned normally without any repair being necessary. Drops in clay sewer lines are normal occurrences and do not require replacement. This is true even though the drop reduced the carrying capacity of the line. The reduced area of the pipe was more than adequate for the flow of sewage from the areas homes. It was only when the board lodged against the drop that the blockage resulted. The sources of the board is not known, but it is certain that the board had to have been placed directly into the sewer because it could not have made a turn in an 8-inch pipe. There is no reason why the City should be strictly liable for such an occurrence. The City has taken reasonable steps to insure that its sewer lines are free from obstructions. It performs yearly 5 VCS inspections and cleaning of the lines. To impose upon the City an obligation to insure that nothing of this nature could happen would be unreasonable. A municipality is not an insurer of the safe condition of its sewers, it is only liable for damages resulting from a failure to exercise reasonable care to keep them in repair and free from obstructions. Pettinger v. Village of Winnebago, 58 N.W. 2d 325, 329 (Minn. 1953) . The City could not be reasonably expected to institute a maintenance program that would insure that foreign debris, such as the board, never find there way into the sewer. Such a burden would be onerous and unreasonable. M.A.Y. 6 sC;)1d TODAY'S CONCEPT 491 Marschall Road RE �'§F7- Shakopee, Minn. 55379 NOV 1 51990 November 14, 1990 CITY OF SHAKOPEE Mayor Laurent Shakopee City Council 129 E. 1st Avenue Shakopee, Minnesota 55379 To Mayor and City Council: I am writing this letter in behalf of my daughter and son-in-law, Tracy and Tim Hohenstein, as it applies to their business, Today's Concept Salon. They have had this business three years. It has moved to it's present location three months ago, becominga full service salon (toning, exercise equipment, tanning, hair and nails). They are presently considering adding massage as a service, but the annual license fee of $2,000.00 and the $500.00 investigation fee are simply to much for a small business to absorb. Tim and Tracy lived in this city most of there lives, so the $500.00 investigation fee along with the $2,000.00 annual fee seems exhorbant. There are presently other massages being done in local Chiropractic offices. Tim and Tracy and I are asking you, Mayor Laurent, and the City Council to waive the annual $2,000.00 license fee and the $500.00 investigation fee as it presently applies to massage parlors. Thank you. l�� v ./sI �'ate ' - % h & L �, 0C10 - kAa\ ‘� ran Vohnoutka �J z, Tim & Tracy Hohenstein Enclosure STAFF RECOMMENDED ACTION: Refer the letter dated 11/14/90, from Fran Vohnoutka , Today' s Concept , to staff to make recommendations on amending the city code and/or fees for massage parlors . r r / 99 Gl / zi �i� .,.t tv(, Show, Non-Transient Theme Parks, Amusement Parks, etc. (Authorized by City Code 6.24) 1. Annual license fee equaling the number of rides x $45.00 2. Show without rides 45.00/ride 3. Non-Transient Theme Parks 75.00 As per agreement Outdoor Performance Center (Authorized by City Code 6.42B) 1. Annual license fee 500.00 Massage Parlors. Sauias, Steam Baths. Heat-Bathing Rooms (Authorized by City Code 6.40) 1. Annual License Fee 2. Initial license requires one time investigation 2, 000.00 fee D0 500.00 basseur and Masseuse Registration Fee (Authorized by City Code 6.41) 1. Annual registration fee 100. 00 Rental of Pat Thielen Rodeo Arena (Authorized by Resolution No. 1910) Rental of arena for a period not to exceed seven consecutive days: a. Non-profit organizations within corporate limits of City of Shakopee 0. 00 b. Other non-profit organizations 200.00 or 15% of gross ticket sales whichever is greater c. Profit making organizations 200.00 or 15% of gross ticket sales whichever is greater request Vacation of Street, Alley or Basement Hereby set as follows: 1. Request for vacation of street or alley 75.00 2. Request for vacation of an easement 50.00 Service Charge for Returned Checks Hereby set as follows: 1. Service charge for each check returned 15.00 OCL) MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner (�— RE: Shakopee Comprehensive Plan: 1990 - 2010 DATE: November 16, 1990 INTRODUCTION: At their October 4, 1990 meeting the Planning Commission moved to recommend to the City Council approval of the draft Shakopee Comprehensive Plan: 1990 -2010. The draft Comprehensive Plan represents the cumulative efforts of concerned citizens, the Planning Commission, The Comprehensive Plan Task Force, the consultants and staff over the past two years. Having completed the draft plan, efforts now need to be focused at putting the plan into action. BACKGROUND: Implementation of comprehensive plans is difficult for all cities. The tremendous number of projects, programs, recommendations, strategies, conclusions, etc. is seemingly endless. How do we put the one hundred plus pages of the Comprehensive Plan to work? It is not an easy task. Implementation occurs in small incremental steps with the bigger picture presented in the Comprehensive Plan guiding the way. In an effort to make the Shakopee Comprehensive Plan a more useable document, staff has made numerous additions to the draft plan, primarily in Volume 2 . Please review the additions to the Comprehensive Plan listed below with the variety of issues facing implementation in mind. DISCUSSION: The Table of Contents reflects the organization of Volume 2 . Each plan element (i.e. Economic Development, Land Use, Housing) follows the same basic format. A basic overview to the Comprehensive Plan is provided in the Introduction. The Introduction briefly describes the organization of Volume 2 into goals, policies, objectives and plans. Each of the individual plan elements have been reorganized into the goals, policies, objectives and plan format. The basic content of each element has remained the same from the BRW draft. An Action Plan has been added to the end of each plan element in Volume 2. Each Action Plan lists the tasks identified in the policies and objectives. Potential funding sources, time frames, responsible parties are listed for each task. The Action Plans can become work programs for the City Council, City boards/commissions and staff. fog A General Management and Implementation element has been added to the end of the draft Comprehensive Plan to provide an overview on how the plan can be put into action. Through the additions and reorganization, staff feels that the opportunities to implement the Shakopee Comprehensive Plan: 1990 - 2010 have been greatly increased. The efforts to put this plan into effect will require ongoing actions by a large number of individuals and groups. The proposed additions can help coordinate these efforts. ALTERNATIVES: 1. Approve the draft Comprehensive Plan which includes the Introduction, General Management and Implementation section, the Action Plans and the general reorganization of chapters into goals, policies, objectives and plans. 2 . Table the decision on approving the draft Comprehensive Plan. RECOMMENDATION: Approve the draft Shakopee Comprehensive Plan: 1990 - 2010 and direct staff to pursue approval of the plan by the Metropolitan Council. ACTION REOUESTED: 1. Offer and pass a motion to approve the draft Shakopee Comprehensive Plan: 1990 - 2010. 2. Direct staff to take the appropriate steps to forward the plan to the Metropolitan Council for their review and approval. aucompplcc yob MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner Lt RE: Minor Subdivision Processes - Ordinance Amendment for Lot Reassembly DATE: November 16, 1990 INTRODUCTION: At their November 8, 1990 meeting the Planning Commission moved to recommend to the City Council approval of the proposed ordinance amendment for minor subdivisions. Attached with this memo is the draft ordinance amendment as prepared by the City Attorney. BACKGROUND: The current Subdivision Regulations do not allow for the reassemblage of platted recorded lots and the removal of interior lot lines. When redevelopment occurs and new property ownership patterns are created the remaining platted lot lines must still be enforced with respect to setback requirements. The developer can either apply for multiple variances or replat the property through the subdivision platting process when necessary. Either process can be overly time consuming and expensive to the property owner and City staff, especially on projects involving a few platted lots. DISCUSSION: The proposed ordinance amendment for lot reassembly would follow the same basic format as the existing lot split process. Combined the two procedures could be collectively termed the minor subdivision process. In the proposed minor subdivision process only platted recorded lots can be split or reassembled. A maximum of 5 lots in either process can be involved (one lot into a maximum of five lots or five lots reassembled into one lot) . Staff recommends that the minor subdivision process be used provided that it does not involve lots in a planned unit development (PUD) or does not require any new rights-of-ways, easements or extensions of streets or other municipal utilities or facilities except as necessary to serve lots being created. The review of the minor subdivisions can be processed in two ways, an administrative review or review by the Planning Commission and the City Council. The current ordinance allows for the administrative review of lot splits. A survey is required to be submitted and is reviewed by the various City departments including Planning, Engineering, Administration, Utilities, Building Inspection, Police, Fire, Community Services and Public Works. The primary advantage of the administrative review involves time savings since scheduling meetings with the Planning Commission and City Council involves a minimum of 4 - 6 weeks. Staff recommends / ° e° an administrative review similar to the requirements established for the lot split process be approved for lot reassemblage. ALTERNATIVES: 1. Approve the lot reassembly concept with administrative review and approval. 2 . Approve the lot reassembly concept with Planning Commission and City Council review and approval. 3 . Maintain status quo. Require variances and/or replatting procedures. STAFF RECOMMENDATION: Staff recommends that the proposed ordinance amendment allowing an administrative review process for lot reassembly similar to the lot split process be approved. ACTION REQUESTED: Offer Ordinance No. 299 , an ordinance of the City of Shakopee, Minnesota, amending City Code Chapter 12 , Subdivision regulations (Platting) , by repealing Section 12 . 08 , Small Subdivisions - Lot Splits, and enacting one new section in lieu thereof relating to the same subject, and move its adoption. fb ORDINANCE NO. 299 , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 12 , SUBDIVISION REGULATIONS (PLATTING) , BY REPEALING SECTION 12 . 08, SMALL SUBDIVISIONS - LOT SPLITS, AND ENACTING ONE NEW SECTION IN LIEU THEREOF RELATING TO THE SAME SUBJECT. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS: Section 1 - That City Code Chapter 12 , Subdivision Regulations (Platting) , is hereby amended by repealing Section 12 . 08 , Small Subdivisions - Lot Splits, and enacting one new section in lieu thereof, which shall read as follows: Sec. 12 . 08 . MINOR SUBDIVISION PROCESS [LOT SPLITS AND LOT REASSEMBLIES] . Subd. 1. The City Planner has the authority to approve minor subdivisions where (1) a platted recorded lot is being split into a maximum of five lots, or C2) a maximum of five lots are being combined into four or fewer lots. For such a minor subdivision, [When splitting a platted recorded lot into two to five lots, ] the following requirements must be met: A. The minor subdivision process shall not be allowed in the following situations: 1. Any lot within an approved Planned Unit Development (PUD) . 2 . Where the subdivision includes the dedication of additional right-of-way or easements, or a change in existing streets, alleys, easements, water, sewer, or other public improvements. 3 . Where new streets, utilities, or other public improvements will be needed other than to directly serve the lots created and to provide a direct connection to an existing and approved system. B. All resulting lots must meet the minimum lot size and/or area requirements listed in the Zoning Ordinance. C. [A. A simple] An administrative review shall be performed by the staff consisting of representatives from the following departments: Planning, [Engineering, Administration, Law, ] Utilities, [Building ld e Inspection, Police, Fire, Parks and Recreation] and Public Works. D. [B. ] The City Planner may require [shall have the option of requiring] the normal preliminary and final platting procedures for any reason, such as unusual [due to] complexity or special circumstances [ (such as the need for additional easements, dedications, etc. ) ] . E. [D. ] The Planning Commission shall be informed of all staff reviews of minor subdivisions [lot splits] at their next [earliest] regular meeting. F. [C. An official survey] A Certified Land Survey of the existing and proposed lots shall be provided for the administrative review. G. An abstract brought up-to-date shall be furnished for the City Attorney. H. When the proposed lot split meets all the requirements established in City Codes, the Planning Department shall notify the applicant. If the survey is not recorded within 180 days after notification of approval, the City Administrator may rescind the administrative approval and shall notify_ the Scott County Recorder/Registrar of Titles. The City Administrator shall give at least ten (10) days written notice to the applicant prior to the action to rescind. I. A final copy of the survey shall be submitted to the Planning Department after it has been recorded. Subd. 2 . Unplatted Lands - When [subdividing unplatted property] the proposed minor subdivision involves any unplatted property_, the regular preliminary and final platting procedures shall be followed. Note: The bracketed language [thus] is deleted; the underlined language is inserted. Section 2 - General Provisions. City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 12 .99, Violation a Petty Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. /01 Section 3 - Effective Date. After adoption, signing and attestation of this ordinance, it shall be published once in the official newspaper of the City of Shakopee and shall be in full force and effect on and after the day following such publication. Passed in regular session of the City Council of the City of Shakopee, Minnesota, held this day of , 1990. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News this day of , 1990 . ausubdiv 4IOC . MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner RE: Final Plat of Valley Park 10th Addition DATE: November 16, 1990 INTRODUCTION: At their November 8, 1990 meeting the Planning Commission moved to recommend to the City Council approval of the final plat for Valley Park 10th Addition subject to conditions. BACKGROUND: 1. The proposed plat is located south of Valley Industrial Boulevard South, west of Valley Park Drive and north of 12th Avenue. The total land area included with this plat is 95 . 6 acres and is zoned I-2 , Heavy Industrial . 2 . On September 6, 1990 the Planning Commission passed a motion recommending approval of the preliminary plat for Valley Park 10th Addition, subject to eight conditions. On September 18, 1990 the City Council approved the preliminary plat subject to the same eight conditions. 3 . The preliminary plat proposed the creation of 18 lots within two blocks. A public street was illustrated connecting 12th Avenue with Valley Park Drive. A public cul-de-sac street was shown extending off of the proposed connecting street. 4 . The submitted final plat is proposing two lots in one block and creating Outlots A and B. The connecting street shown on the preliminary plat is not included with this final plat. 5. A portion of the connecting street, labeled 10th Avenue is being proposed for dedication. This street segment is 1100 ' in length and by definition would be an over-length cul-de- sac. This cul-de-sac as proposed would exceed the maximum length of 500 feet as allowed by the Subdivision Regulations. 6. Park dedication fees have been paid on the existing Toro and Valley Industrial Center 3 properties. DISCUSSION: As submitted, the final plat is not substantially in agreement with the approved preliminary plat because of the over-length cul-de-sac (10th Avenue) . To accept only a portion of the right-of-way dedication of this street, as shown on the preliminary plat, would not meet the City Code requirements on cul-de-sac streets. The applicant has two basic options in reference to the connecting street. Either the entire street can be dedicated or the area proposed for dedication can be identified as an outlot. The first option will require a developers agreement addressing the public to improvements. The second option will allow the applicant more flexibility in locating the connecting street north of 12th Avenue as development occurs. Staff recommends that no dedication for 10th Avenue be made at this time and the area be identified in an Outlot. The applicant has agreed to this alternative. A park dedication fee has been collected on the existing Toro (a portion of Lot 1) and Valley Industrial Center 3 (VIC3 - a portion of Lot 2) properties. With this final plat some new land area is being added to these properties. A park dedication fee has not been paid on the new land area for these properties. Staff is recommending that park dedication fees be paid on the new land area only and not on the existing properties where park dedication fees have already been paid. Based on discussions with the City Attorney a park dedication fee should be paid when the platting process will promote development which will likely cause more demand on parks and open space. Building permits do not trigger park dedication fees; subdivision of land does. If we want to receive park dedication fees, we must require them at the time of the subdivision plat. The fact that an individual parcel of the property is presently developed, such as the railroad spur here, is not cause for deleting a park dedication fee. The fee is required for the entire subdivision, not for an individual parcel. Attached with this memo is a recent letter from the applicant, Mr. Jon Albinson. The letter addresses his concerns on the park dedication fees being required with this plat. Mr. Albinson is representing three property owners on the final plat for the Valley Park 10th Addition. The City of Shakopee is a fee owner of the Toro development because of the IR bonds issued for the project. As a result, the appropriate City officials must sign the mylar copies of the final plat. The resolution has been drafted to include authorization for the appropriate City officials to sign the mylars. ALTERNATIVES: 1. The City Council could approve the final plat subject to following conditions. (In concert with this alternative the removal of the 10th Avenue right-of-way dedication would occur. ) 2 . The City Council could deny approval of the final plat. RECOMMENDATION: Staff recommends approval of the proposed final plat for Valley Park 10th Addition subject to the following conditions: 1. Approval of title opinion by the City Attorney. /6 C.- 2 . Payment in lieu of land dedication for park purposes shall be required based on the ordinance in effect at the time of final approval by the City Council. The park dedication fee must be made prior to the execution of the plat. 3 . Execution of an agreement addressing: a) No building permits will be issued on the Outlots until they are replatted. b) The developer shall agree to the City Engineer' s method of apportioning the installments remaining unpaid against the plat and that the developer waives his right to appealing the apportionment. 4 . Remove the 10th Avenue right-of-way dedication from the plat and identify the area as an outlot. ACTION REQUESTED: Offer Resolution No. 3317 , a resolution approving the Final Plat of Valley Park 10th Addition, and move its adoption. ,`.iii• \' - .._ -^ ,w,, - `- \\ •_ . �- ••' -. . T;. .4. �•a;-•+... Yom►.4N" i. • -.oma- a • , "�i. �+ �.. a i r i;SI *x.444, •.. • • ,.' + ..',."_4'"`,'1-.'".'`.;7"*" • , ---.__ 01:-...,,,,mk-- --..„„„,...,.,„_.___ . _,_______ .. .-: ( --"%1.11111. �z_� �� .t-s r k Z ♦ YAlL.C7 - K ' - L----r • ( TD J ,iit - _ _ f I I l,_,,,,,M ----s., 44...• ............'• , 'Ait: ---...., iw-1--;:....., _ _lig )....,,, .,...9,:,.. ,., , __________„_ _ ,... _ I n .c. . 4-mil .- • , ,---,. , „. ....,-- 1 .L k .. •''''- "--1-- -- -- • ...ZI-:4>I1VC: 1- --\_/ --illi .. KI.. • M r 1� Ml�lf ��'M 1 ',H LINE - n cage LZ - ..... ,• , , =--, t \ ., v.,,, -1-- -... Aroa �ti �G •� ACC Pi L I 117 l AG .-"1"----.-"1"---- ; t6 i5 r H-----N'""-----. It t AG AGRICULTURE i \ tl:s's---1- ------•,... R1 RURAL RESIDENTIAL I 1j' fir` R2 URBAN RESIDENTIAL ur R3 MID—DENSITY RES. ` _ m.\i R4 MULTI FAMILY RES. I i B1 HIGHWAY BUSINESS 82 COMMUNITY BUSINESS I • B3 CENTRAL BUSINESS ii 11 UGHT INDUSTRIAL 12 HEAVY INDUSTRIAL 1 Wil 1 >2 -, '41111111111111.1111..99.1111191.11111: S SHORELAND 1 • .,� 1 FLOODPLAIN DISTRICT ' _. .... . . . • _ • -. . : ..---. MANDAT• t I 3 :._ �� _ .�'. ..'" - ii" I .411 .. . �_ RTD RAC "f• CK DSS• '- 1 • i /aatte . 101171!! VALLEY INDUSTRIAL REALTY November 12 , 1990 Ms. Melanie Kahleck Chairperson-Planning Commission Ms. Karen Marty City Attorney City of Shakopee 129 E. First Avenue Shakopee, MN 55379 RE: Valley Park 10th Addition Park Dedication Fees/Lot 2 Block 1 Dear Ms. Kahleck and Ms. Marty: Planning Commission for the City of Shakopee addressed the above-referenced plat at their meeting of November 8th. At that meeting, we discussed the merits of charging park dedication fees to the excess land that will be part of the new lot being created by Lot 2 , Block 1. The Commission's actions will require the developer to pay park dedication fees on this excess land, which we continue to believe that none should be payable. At that meeting, Ms. Marty discussed the merits of tabling this issue for further review of the "facts and circumstances" surrounding the issue, for which we requested no action on due to the time sensitivity of this filing. We request, if possible, the "facts and circumstances" for this issue be given some consideration prior to the November 20th City Council meeting. At that meeting, it would be our intent to raise this issue again for Council's discussion. A clear overview of the subject as it may relate to the legal basis for our request would be appreciated. Thank you. R spectfully, (_// Jon R. Albinson Project Director Canterbury Business Park c.c. Dick Peterson Brian Brennan 1244 Canterbury Rd., P.O. Box 509,Shakopee,MN 55379 • Bus.: 612-445-3242 RESOLUTION NO. 3317 Resolution Approving the Final Plat of Valley Park 10th Addition WHEREAS, the Planning Commission of the City of Shakopee did approve the Final Plat of Valley Park 10th Addition on November 8, 1990 and has recommended its adoption; and WHEREAS. all notices of hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS, the City Council has been fully advised in all things. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, the Final Plat of Valley Park 10th Addition, described as shown on the attached legal description, be, and the same hereby is approved and adopted with the following conditions: 1. Approval of title opinion by the City Attorney. 2 . Payment in lieu of land dedication for park purposes shall be required based on the ordinance in effect at the time of final approval by the City Council. The park dedication fee must be made prior to the execution of the plat. 3 . Execution of an agreement addressing: a) No building permits will be issued on the Outlots until they are replatted. b) The developer shall agree to the City Engineer' s method of apportioning the installments remaining unpaid against the plat and that the developer waives his right to appealing the apportionment. 4 . Remove the 10th Avenue right-of-way dedication from the plat and identify the area as an outlot. BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and the same are hereby authorized and directed to execute said approved Plat and Developer' s Agreement. "0 C/ BE IT FURTHER RESOLVED, that the appropriate City officials are authorized and directed to sign the plat as a property owner of a portion of the Toro property. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1990. City Attorney auvplofin ATTACHMENT Tract B, Registered Land Survey No. 134 AND Tract C, Registered Land Survey No. 134 AND Outlots A and B, Valley Park Seventh Addition AND That part of the Southeast Quarter of the Southeast Quarter of Section 4, Township 115, Range 22, Scott County, Minnesota and that part of the Southwest Quarter of the Southwest Quarter of Section 3, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the Northeasterly corner of Block 1, plat of Valley Park First Addition, Scott County, Minnesota; thence Southeasterly along the Southerly line of Valley Industrial Boulevard South a distance of 1194.15 feet to the actual point of beginning of the land to be described; thence Southwesterly at right angles to said Southerly line a distance of 600.00 feet; thence Southeasterly at right angles a distance of 726.00 feet; thence Northeasterly at right angles a distance of 600.00 feet to said Southerly line; thence Northeasterly at right angles a distance of 726.00 feet to the point of beginning. AND That part of the Southwest Quarter of Section 3 AND that part of the Northwest Quarter of Section 10, all in Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the South one quarter corner of said Section 3, the same being the North one quarter corner of said Section 10, thence South 89° 10' 00" West along the secion line between said Sections 10 and 3 a distance of 466.21 feet to the West line of Valley Park Drive per the plat of Valley Park First Addition, the point of beginning of the tract of land to be described; thence South 00° 57 ' 28" East along said West line a distance of 99.61 feet; thence North 74° 53' 36" West a distance of 645.05 feet; thence North 6° 24' 44" East a distance of 337.38 feet; thence Northerly along a tangential curve to the right, having a radius of 942.42 feet, a central angle of 3° 00' 00", an arc distance of 49.34 feet to its intersection with the Southerly line of Valley Industrial Boulevard South of said plat of Valley Park First Addition; thence Southeasterly along said Southerly line to its intersection with said West line of said Valley Park Drive; thence Southerly along said West line to the pofnt of beginning. // MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Proposed Gambling Regulations DATE: November 20, 1990 I spoke with John Fallenstein, Pheasant' s Preservation Inc. , today regarding the proposed gambling regulations. He said that 90% is high. He said that most of the other communities where they sell pulltabs require that 60% of the lawful purpose expenditures be spent in the trade area. Mr. Fallenstein also stated that additional administrative costs will be incurred if the City requires copies of records and reports from the gambling licensees. He doesn't see a need for this requirement. JSC/tiv EXPLANATION TO ORDINANCE 297 (Drafted 11/20/90) ORIGINATING DEPARTMENT: City Attorney PURPOSE: To revise the proposed gambling ordinance to clarify the language and more closely reflect the new state terminology. REMARKS : This draft Ordinance contains the same provisions as proposed Ordinance No. 297 (drafted 10-8-90) , except as follows: (1) It specifically calls out the raffle provisions as an exception. (2) It describes the licenses as premise permits and state organization licenses, as appropriate under the new state law. Changes made by the 1st draft and the 2nd draft of the ordinance: During the last legislative session, the Minnesota legislature adopted a new law, Minn. Stat. Sec. 349 . 213 subd. 1 (b) , allowing cities to require that all or a portion of gambling expenditures be spent for lawful purposes conducted or located within the city' s trade area. A trade area is defined as the city plus each city contiguous to the defining city. At its last meeting, Council directed staff to research this law and prepare a draft ordinance. The ordinance as drafted requires that 90% of all expenditures be spent within our trade area. This figure may be too high; it was inserted to provide a basis for discussion. Like any ordinance provision, it may be amended if Council so desires. The trade area was written to be the smallest legal area, since Council indicated it would like the expenditures spent in Shakopee. This would be Shakopee, Savage, Prior Lake, Chanhassen, and Eden Prairie. Council may wish to consider whether it wants to include all of Scott County. Other changes were made as follows: (1) to improve the reporting to the City, which will improve our understanding of the organization' s practices and allow us to review where expenditures are made; and (2) to incorporate the state law definitions where appropriate. Submitted by: Approved by: City Atto ey - City Administrator (--- ::) c2-Akt ao 110 ORDINANCE NO. 297 , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, REPEALING SECTION 10. 61 OF THE SHAKOPEE CITY CODE, GAMBLING, AND ENACTING ONE NEW SECTION IN LIEU THEREOF, RELATING TO THE SAME SUBJECT. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS: Section 1 - That Section 10. 61 of the Shakopee City Code, Gambling, is hereby repealed in its entirety, and one new section adopted in lieu thereof, relating to the same subject, which shall read as follows: "Sec. 10 . 61. Gambling. Subd. 1. Definitions. A. "Lawful gambling" , "lawful purposes" , and "licensed organization" shall be defined as set forth in Minn. Stat. Chapter 349. ["Lawful Gambling" as used in this Section is the operation, conduct or sale of bingo. raffles, paddle wheels, tipboards, and pull-tabs, either licensed by the Charitable Gambling Control Board, or specifically exempt from such licensing by statute. ] B. "Trade area" shall mean the City of Shakopee and each city contiguous to the City of Shakopee. Subd. 2 . Lawful purposes. [Unlawful Act. ] Each licensed organization conducting lawful gambling within the City shall expend 90% of its expenditures for lawful purposes on lawful purposes conducted or located within the city' s trade area. [It is unlawful to operate, conduct or sell gambling unless it is lawful gambling,and then only if it is operated, conducted, or sold by any fraternal, religious veterans or other non-profit organization, which carries on its activities in and is located and based in the City. ] Subd. 3 . Exception. Any [such] organization [ ,however, ] holding a State organization gambling license [regardless of where based or located] may conduct not more than one raffle in any given calendar year if it is held in conjunction with a banquet and/or a dance, without complying with Subd. 2 . Subd. 4 . Application. An organization seeking to obtain a State gambling premise permit shall file in the office of the City Clerk an executed, complete duplicate application, together with all exhibits and documents accompanying the application to be filed with the State board, prior to Council approving a premise permit. Subd. 5 . Records and reports. Organizations with a premise permit in Shakopee shall file with the City Clerk one (1) copy of all records and reports required to be filed with the State board, pursuant to state law, rules and regulations. Such // 6L"- records and reports shall be filed on or before the day they are required to be filed with the State board. " Note: The bracketed language [thus] is deleted; the underlined language is inserted. Section 2 - General Provisions. City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 10.99 , Violation a Petty Misdemeanor, are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3 - Effective Date. After adoption, signing and attestation of this ordinance, it shall be published once in the official newspaper of the City of Shakopee and shall be in full force and effect on and after the day following such publication. Passed in regular session of the City Council of the City of Shakopee, Minnesota, held this day of , 1990. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: -e" City Attorney Published in the Shakopee Valley NewsAhis day of , 1990 . s 1 Icy .I� 6 dokcp` 4)L i Cett.4 Fro of Re-- Gh4,;fo 6 J 6a,., ,N 1.,w ff'�ti b/ NGs G4.411Nye. 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GQ/`� b .� aker'r� 17r�If / 14C VETERANS OF FOREIGN WARS of the UNITED STATES )9) (Mice 01 DEPARTMENT OF MINNESOTA SECOND DISTRICT Post 4046 SHAKOPEE, MINNESOTA 55379 11 -15-90 4ciA, j o m Owt o11 C ,r7.14 Z4' a-Q, ° / /W d- � . 0-QA CecriViltdf .ZILV1 m.2_ /1 V- J/Cit GU> dairn / (dO° -Wrzy)l-a-Z4117• 'WA uje-ci-a vynaf-A ./Yr1--erZe 4 Ze) _Iy1.4-j1/2-& WEdf--1-7 Q'C1-4 a-c,crn /7471040.1 902. ,00-(1)..J2,1)PA- We_ / ' lOwe'j M- # /el o Z ..124-04/17-0 CAA ."7-4sjo-tiJt ;' /y • , COGEN '�cp'w I • • • ° • //zArtgrrn°' ,E• Y / /�. "icv114 It A , MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Proposed Gambling Regulations DATE: November 16, 1990 INTRODUCTION: Attached for Council consideration is Ordinance No. 297 which amends the current city regulations relating to charitable gambling. BACKGROUND: On October 16th, Council tabled discussion on proposed changes to the City' s gambling regulations in order to give licensees more time to comment on the draft Ordinance No. 297 which was prepared by the City Attorney at the direction of City Council. The ordinance, as drafted, includes the following: 1] 90% of lawful purpose expenditures shall be spent within the City' s trade area. 2 ] Identifies the City' s trade area as the City and all cities contiguous to the City. 3] Adopts by reference the definition of "lawful purpose" as contained in State Law. 4] Requires that the City receive a copy of the application plus exhibits which go to the Gambling Control Board, as well as records and reports which are filed throughout the year. Copies of the draft ordinance were sent to all pull-tab licensees in Shakopee on October 8th and again on November 9th asking for their input. Todate we have received comments from the following organizations: 1] American Legion - see attached 2 ] Lions - indicated that they have no problem with 90% being spent within the City' s trade area. 3 ] Rotary - for the most part they can live with the 90%, but would prefer 80% for flexibility. Occasionally they participate in a specific undertaking with all Rotary Clubs and could go below the 90% figure at these times. 4] The Shakopee KofC Gambling Manager is investigating how the 90% figure would impact them; he is concerned that 90% may be to high. He plans on attending the Council meeting. RECOMMENDATION: Make desired amendments to the drafted ordinance and adopt it as amended. /( - EXPLANATION TO ORDINANCE 2 1 ORIGINATING DEPARTMENT: City Attorney PURPOSE: To amend the gambling ordinance to require that 90% of lawful expenditures be spent in the City's trade area. REMARKS: During the last legislative session, the Minnesota legislature adopted a new law, Minn. Stat. Sec. 349 . 213 subd. 1 (b) , allowing cities to require that all or a portion of gambling expenditures be spent for lawful purposes conducted or located within the city' s trade area. A trade area is defined as the city plus each city contiguous to the defining city. At its last meeting, Council directed staff to research this law and prepare a draft ordinance. The ordinance as drafted requires that 90% of all expenditures be spent within our trade area. This figure may be too high; it was inserted to provide a basis for discussion. Like any ordinance provision, it may be amended if Council so desires. The trade area was written to be the smallest legal area, since Council indicated it would like the expenditures spent in Shakopee. This would be Shakopee, Savage, Prior Lake, Chanhassen, and Eden Prairie. Council may wish to consider whether it wants to include all of Scott County. Other changes were made as follows: (1) to improve the reporting to the City, which will improve our understanding of the organization' s practices and allow us to review where expenditures are made; and (2) to incorporate the state law definitions where appropriate. Submitted by: Approved by: City Attorney City Administrator Ir Q Shakopee American Legion POST#2 1266 East First Avenue Eq Phone:445-5253 v1, r w October 17, 1990 SHAKOPEE, MINNESOTA 55379 City of Shakopee 129 1st Ave. E. Shakopee, MN 55379 Re: 90% expenditure of gambling proceeds in local trade area The Shakopee American Legion is not opposed to the City of Shakopee placing a restriction on the proceeds of gambling being spent in the local trade area, but we do have a concern about the 90%. We feel that this figure is unrealistic. Like most organizations we have state and national programs that need the support of the local units. Many of these programs benefit all citizens and by forcing us to spend our gambling proceeds in the local trade area, funds for these programs would not be available. A good example would be the American Legion's statewide efforts of four years ago. The University of Minnesota approached The American Legion and asked if we could raise one million dollars for a 'Brain Science Chair' at the University. Their feelings were that The American Legion Posts located in just about every community would be able to tap the resources of local businesses and foundations. The American Legion said 'no' we will not approach the businessmen or foundations, but we will raise the money on our own. In eighteen months more than one million dollars had been raised, and not one penny of the fund-raising costs were taken from the donations to the 'Brain Science Chair' , but were paid for from dues money of Minnesota Legionnaires. Yes, most of this money was raised from 'charitable purpose' gambling and this is something that will benefit every citizen of the world, as the top doctors can now be hired to study the brain and related diseases. The members of the Shakopee American Legion do feel that our money should stay within the community, but do not want to be restricted by a city ordinance. I have gone back thru our records for the past year and have listed below the donations that have been made from our 'charitable purpose' gambling: State gaming tax - $48.402.00 Federal wagering tax - $3,296.52 Federal wagering tax stamp - $50.00 Real Estate Taxes (this is the last half payment for 1989 and the full year payment for 1990) - $20,178.46 Hospitalized, deceased and indigent veterans (this includes flowers, paying of dues for hospitalized members, helping with funeral expenses, buying groceries) - $3,145.42 110 Shakopee Veterans Memorial Squad expenses (this includes uniforms, funeral lunches and other expenses to provide a military funeral for a deceased veteran) - $2,269.22 American Legion Baseball ( includes expenses for local team plus help to Posts who are hosting District, State. Regional and National tournaments) - $4,434.54 Flags & flag poles for city streets - $398.79 Pheasant dinners for hospitalized veterans -$200.00 Veteran's Rest Camp at Stillwater - $100.00 Door prizes donated to Deer Hunters Assn. . St . Francis Hospital , St. Mary's Church, Youth Hockey, Eagles - $245.00 Korean War Memorial Fund, Washington, DC - $250.00 American Legion Hospital Assn. (to help needy veterans at Rochester hospital ) - $500.00 Alliance for Mentally Ill of Scott County - $700.00 VA Hospital Nurses Scholarship Fund - $1000.00 St. Francis Festival of Trees - $1000.00 Scott County Drug Program - $15.730.42 Chiropractic bed for needy veteran - $530.00 Flag Day expense (equipment for proper Flag disposal - $50.00 Community picnic - $829.47 Fort Snelling National Cemetery (beautification fund) -$100.00 Porch repair for local veteran - $200.00 Hastings Veterans Home (refurbishing residents rooms) -$500.00 (TV for Home) - $474.72 Magazine subscriptions for widow of veteran - $9.00 Minnesota Chapter of 1st Marine Division - $150.00 Scholarships for local students - $3,000.00 Memorial Day expenses - $2,369.05 Plaque for 'Law Officer of the Year' -$146.12 Community Youth Center Building Fund -$1 .700.00 First Response Training Course for Sheriffs Dept. -$1 ,170.00 Choir robes for Shakopee High School chorus -$5,000.00 Boys State (we sponsor one from Shakopee and one from Prior Lake - this is the Legion's week long youth government program) - $400.00 American Red Cross (bloodmobile) - $100.00 Delphi Home - $100.00 Scott County Heart Assn. - $3,500.00 Construct ramp for veteran who has an MS child - $408.00 Scott County Law Enforcement Scholarship Fund - $900 .00 Scott County Sheriff's Reserve -$992.45 Shakopee Boy Scouts -$2,536.00 Shakopee Dollars for Scholars - $1 ,000.00 Subscriptions for local library and schools - $72.00 American Cancer Society (jail & bail fund raiser) -$200.00 Sons of The American Legion Third District (help to purchase flags for parades and meetings) - $100.00 Prior Lake American Legion (purchase flags for new American Legion Post) - 830.00 Community Action (child abuse prevention program) -$100.00 Mickey Mantle Baseball Program -$500.00 Military Order of the Cooties (veterans hospital visitation program) - $1 ,000.00 Americanism program at Shakopee High School -$437.00 Stadium Lighting Fund - $1 ,700.00 !/ Hannah Bauer Transplant rand - $510 .00 School Patrol equipment and camping - $977.24 St. Francis Mobile Meals - $500.00 St. Michaels Catholic Schools (school intercom system) -$100.00 Shakopee High School Graduation Party - $500.00 Shakopee Senior High School Scholarship Fund - $300.00 Patriots Park, Inc. (naval museum in Superior) - $1 .000.00 Shakopee Civil Air Patrol - $40.00 Shakopee Boys Basketball - $35.00 Flags for local schools - $184.44 Suburban Law Enforcement Assn. - $45.00 Scott County Child Abuse Prevention Council - $100.00 Shakopee Area Catholic Schools (playground equipment) -$600.00 Fire Arm Safety Training for police officers - $1 ,250.00 Athletic teams -$2,891.20 Citizenship Awards for eighth grade students -$49.50 National Child Safety Council -$82.00 American Legion Scholarship Fund - $500.00 Handicapped parking signs - $35.66 VFW - Heart Auction - $90.00 TV for Senior Citizens - $450.08 Local family who lost baby to SID syndrome - $1 ,000 Minnesota Veterans Home Christmas project - $50.00 St. Francis Hospital - $1 ,000.00 Teen Leadership Program - $200.00 Project Close-Up - $500.00 Veterans Day Expense - $479.11 Christmas Party for needy children -$100.00 Flags for Senior Citizens and Youth Building, County Jail -$154.76 Shakopee Chamber of Commerce - $179.00 Shakopee Police Project Dare - $1 ,500.00 Minnesota Child Safety Training - $40.00 Prior Lake Hockey Association - $450.00 Cystic Fibrosis - $75.00 As you can see the Shakopee American Legion Post #2 has made many contributions to many causes this past year and a good share of them are to local community projects. We are committed to making not only our communities a better place in which to live, but also our state and nation and feel that placing a restriction on what and where we can donate our money will only cause hard feelings. We have a profitable ' lawful purpose' gambling operation and all the city has to do is keep us informed of any needs and I am certain that the members of our organization will respond favorably. Sincerely, Al Schmidt Gambling Manager • / / R- • /- - 96 cal £e:dte 9-45 4-3 a 4 . ./) a) 1 f2* `r 7 i Alf _ a) • • / „kV a4. • • • / / I MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Pheasant' s Preservation Inc. DATE: November 20, 1990 Upon closer examination of the premise permit application recently received from Pheasant's Preservations Inc. , I noticed that the address of the organization is different than the address on previous applications. Previous applications had a Shakopee address, this application however, has a Mankato address. This application is, therefore, not in conformance with the City Code which requires an organization to carry on its activities in and be located and based in the City. I have advised Mr. Fallenstein of this matter, I advised him that if the Council were to amend their gambling regulations at their November 20th Council meeting, and the amended ordinance is published on November 28th, Council could consider the application at their regular meeting on December 4th. The proposed regulations will eliminate the requirement that the organization be located and based in the City, and instead, require that a certain percentage of their lawful purpose expenditures be made within the City trade area. Mr. Fallenstein indicated that delaying Council action until December 4th would still give them sufficient time to have all their paperwork in order for the State Gambling Control Boards consideration of their licenses in December. Mr. Fallenstein also indicated that he would like to attend the Council meeting on December 4th when Council considers the premise permit for Pheasant ' s Preservation Inc. JSC/tiv CONSENT /1 EXPLANATION TO RESOLUTION NO. 3310, A RESOLUTION APPROVING A PREMISES PERMIT FOR PHEASANT'S PRESERVATION, INC. ORIGINATING DEPARTMENT: City Clerk PURPOSE: To approve the conducting of lawful gambling for Pheasant's Preservation, Inc. at the Rock Spring Supper Club, 1561 East 1st Avenue, Shakopee, Minnesota. REMARKS: During the last Legislative session, the Minnesota Legislature adopted a new law, Minn. Stat. Sec. 349.213, Subd. 2, which requires the City Council to adopt a resolution approving a premises permit or a bingo hall license before the Gambling Board may issue or renew a premises permit or a bingo hall license for an organization. The City has received an application from Pheasant's Preservation, Inc. for a premise permit at Rock Spring Supper Club, 1561 East 1st Avenue, Shakopee, Minnesota. The current license of Pheasant's Preservation, Inc. from the State Gambling Board expires October 31, 1991. It is my understanding that the State Gambling Board is implementing a new policy. They are now requiring that all of the premises permits for an organization cover the same licensing period. Prior to this time an organization could have licenses in a number of jurisdictions all expiring at different times. One of the licenses for Pheasant's Preservation, Inc. will be expiring at the end of this year. The State Gambling Board is, therefore, requiring that all of their licenses be extended through December 31, 1991. It is my understanding that the premises permit beginning applied for at the Rock Spring Supper Club, will extend their existing license from the October 31, 1991 to December 31, 1991. The Shakopee Police Department has not received any complaints emanating from the Rock Spring Supper Club, nor Pheasant's Preservation, Inc. property taxes are current. Pheasant's Preservation, Inc. does meet the current conditions of the Shakopee City Code. Should the Shakopee City Code be amended, they will have to adhere to any amendments, ie: spending 90% of their gambling proceeds within the City's trade area. Submitted By: Approved by: I el ri44. . (:),/)4 /614/st;4 e C' Clerk City Administrat r RECOMMENDED ACTION: Offer Resolution No. 3310, A Resolution Approving A Premises Permit For Pheasant's Preservation, Inc. , and move its adoption. f/ 4s RESOLUTION NO. 3310 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING A PREMISES PERMIT FOR PHEASANTS PRESERVATION, INC. WHEREAS, the 1990 legislature adopted a law which requires municipal approval in order for the gambling control board to issue or renew a premises permit; and WHEREAS, Pheasant's Preservation, Inc. is seeking renewal of their permit through December 31, 1990. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the premises permit for Pheasant' s Preservation, Inc. , at the Rock Spring Supper Club, 1561 East 1st Avenue, Shakopee, Minnesota, be approved. Passed in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this day of , 1990. Mayor of the City of Shakopee Attest: City Clerk • Approved as to form: r / City Attorney IONSENT EXPLANATION TO RESOLUTION NO. 3310, A RESOLUTION APPROVING A PREMISES PERMIT FOR PHEASANT'S PRESERVATION, INC. ORIGINATING DEPARTMENT: City Clerk PURPOSE: To approve the conducting of lawful gambling for Pheasant's Preservation, Inc. at the Rock Spring Supper Club, 1561 East 1st Avenue, Shakopee, Minnesota. REMARKS: During the last Legislative session, the Minnesota Legislature adopted a new law, Minn. Stat. Sec. 349. 213, Subd. 2, which requires the City Council to adopt a resolution approving a premises permit or a bingo hall license before the Gambling Board may issue or renew a premises permit or a bingo hall license for an organization. The City has received an application from Pheasant's Preservation, Inc. for a premise permit at Rock Spring Supper Club, 1561 East 1st Avenue, Shakopee, Minnesota. The current license of Pheasant's Preservation, Inc. from the State Gambling Board expires October 31, 1991. It is my understanding that the State Gambling Board is implementing a new policy. They are now requiring that all of the premises permits for an organization cover the same licensing period. Prior to this time an organization could have licenses in a number of jurisdictions all expiring at different times. One of the licenses for Pheasant's Preservation, Inc. will be expiring at the end of this year. The State Gambling Board is, therefore, requiring that all of their licenses be extended through December 31, 1991. It is my understanding that the premises permit beginning applied for at the Rock Spring Supper Club, will extend their existing license from the October 31, 1991 to December 31, 1991. The Shakopee Police Department has not received any complaints emanating from the Rock Spring Supper Club, nor Pheasant's Preservation, Inc. property taxes are current. Pheasant's Preservation, Inc. does meet the current conditions of the Shakopee City Code. Should the Shakopee City Code be amended, they will have to adhere to any amendments, ie: spending 90% of their gambling proceeds within the City' s trade area. Submitted By: Approved by: iv t City Clerk City Administrator RECOMMENDED ACTION: Offer Resolution No. 3310, A Resolution Approving A Premises Permit For Pheasant's Preservation, Inc. , and move its adoption. CONSENT I c MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Shakopee Jaycees Premises Permit DATE: November 16, 1990 INTRODUCTION & BACKGROUND: The City has received a copy of the application from the Shakopee Jaycees to the State Gambling Board for renewal of their Class B Gambling License (Raffles, Paddle Wheels, Tip Boards, Pulltabs) . The Jaycees sell their pulltabs at Arnie' s Friendly Folks Club, 122 East 1st Avenue. As outlined in the memo to City Council regarding the Pheasant ' s Preservation, Inc. request for a premises permit, new State law requires the local governing body to approve a premises permit before the Gambling Board will issue a permit. The Shakopee Jaycees meet all the conditions of the City' s current gambling regulations i.e. lawful gambling operation, conducted, or sold by any fraternal, religious, veterans or any other non-profit organizations which carries on its activities in and is located and based in the City. RECOMMENDED ACTION: Offer Resolution No. 3318, A Resolution of the City of Shakopee, Minnesota, Approving a Premises Permit for Shakopee Jaycees, Inc. , and move its adoption. JSC/tiv 1/ c- RESOLUTION NO. 3318 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING A PREMISES PERMIT FOR SHAKOPEE JAYCEES, INC. WHEREAS, the 1990 legislature adopted a law which requires municipal approval in order for the Gambling Control Board to issue or renew a premises permit; and WHEREAS, Shakopee Jaycees, Inc. is seeking renewal of their permit. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the premises permit for Shakopee Jaycees, Inc. , at Arnie' s Friendly Folks Club, 122 East 1st Avenue, Shakopee, Minnesota, be approved. Passed in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this day of , 1990. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney cor\! SENT I/ To: Shakopee City Administrator From: Shakopee Fire Department; Charles E. Ries Fire Chief Re: Capital Equipment -Hazardous Material Plug Kit Date: 11/5/90 Introduction: Shakopee Fire Department is constantly increasing its capability in responding to hazardous material incidents. Drum and pipe plug kits are important tools in responding to these incidents. These plugs are used to quickly contain hazardous materials in their original containers when a small to moderate leak occurs. To stop the progress of a leak is one of the early steps in response to a hazardous material incident. There is $5000.00 in the 1990 budget for these plug kits. Background: There are several types of plug kits. The first is a drum and tank repair kit used to repair small to moderate sized punctures in drums and tanks. The second type is a pipe plug kit used to stop leaks in small to moderate pipes under pressure. The last type is an air pillow and strap type of plug used to plug larger tank and pipe leaks. Acquisition alternatives: The only supplier located for the first two types of plug kits was Lab Safety Inc. The costs for this equipment are as follows: 1. Drum and Tank Repair Kit with non sparking tools (P/N RA-12396) $373.00 2. Drum Repair Kit (P/N RA-12397) $122.00 3. Pipe Plugger Kits with Valve Kit (P/N RA-5174) $643.00 Lab Safety Inc. Total = $1138.00 The only quotation received for the strap / air bag type plugs was from Metropolitan Fire Equipment. The costs for this equipment are as follows: 1. Lampe Sealing Plug 4-12 inches (Model 1, P/N 6144) $495.00 2. Lampe Sealing Plug 8-24 inches (Model 2, P/N 6145) $950.00 3. Lampe Sealing Plug 20-42 inches (Model 3, P/N 6146) $2595.00 Metropolitan Fire Inc Total = $4040.00 Grand Total Metropolitan + Lab Safety =$5178.00 Recommendations and action requested: The Shakopee Fire Department recommends purchasing the Drum and repair kits as outlined above from Lab Safety Inc. and the strap / air bag type plugs as listed above from Metropolitan Fire Equipment. This will allow the Shakopee Fire Department to continue to keep up with the rapidly expanding hazardous material response needs of the community. Res fully Submitted, /6/_J es E. Ries Shakopee Fire Chief ii .Q.) TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Fire Department Aerial Truck DATE: November 13, 1990 Introduction The refurbishment/replacement of the aerial truck has been discussed at previous Council meetings. There is a lack of objective criteria to use in deciding to refurbish or replace a fire truck. Funding is currently not in the 1991 budget as per Council direction. The purpose of this memo is to update Council on the issue. Background At the request of the Fire Chief, I met with the Fire Department committee working on the updating of the aerial truck on Monday 10/22/90. The meeting was held at the Fire Station and various items on the truck were viewed. I will try to relay to the Council the points raised by the Dept. from their perspective. 1. Truck value. The current truck is a 1976 model purchased around the beginning of 1977 and the fixed asset records show a cost of $168,860. It is estimated that we could sell the truck for around $125,000. After 14 years of use, a sale price of $125,000 compared to a cost of $169,000 seems like a good deal and a good time to trade before the value drops more rapidly. 2. Truck chassis. The chassis of the truck seems to be in good condition with the exception of the rear suspension. A person can see an offset of 6 inches between the front and rear tires of the tandem when cornering. Some of the firefighters have concerns about the safety of the unit. The City may be money ahead to sell this truck as an operating unit rather than use the chassis for a rebuild. If the rebuild includes going to a 100 foot platform from the current 85 foot, the chassis may not be long enough or heavy enough. 3. Truck body. The body of the truck has a few spots where it is rusted through but the spots I saw were not structural factors. Once the rust starts it will probably spread rapidly. The water tank is 14 years old and generally after 10 years a tank starts to need serious maintenance. The ground ladders are carried high on the sides of the truck, exposed to road salt and the elements. A new truck should have them inside a cabinet easily accessible from the rear. Similarly, the large diameter hose for feeding the truck is carried on top of the truck with difficult accessibility from the side. Incidently, all the ground ladders are of a poor design and would not pass current NFPA testing and should be 1r.0-- replaced. The rear of the cab should be enclosed to meet current safety standards and to protect the firefighters from the elements. The current seating is narrow and it is difficult to put on equipment in the available space. The cab area does not meet current noise level standards. Occupants are subject to hearing damage due to the decibel level of sirens and horns. Newer trucks have sirens low mounted in front as opposed to the roof of the truck. The overall profile of the truck is higher than current designs. One of the impacts of this is that when the truck is being driven, the driver sits relatively higher in relation to the platform which then partially interfers with the drivers vision. 4. Pump. The pump on the truck was retrofitted after the truck was built. It has soft brass components instead of hardened brass, making it more susceptible to wear. It is a two stage pump which is an outdated design meant for gasoline powered trucks. Most trucks, including this one, have diesel engines. The pump was overheated 13 years ago and not rebuilt and requires frequent maintenance. This pump was tested two years ago and will not pass a flow test. The design or layout of the pump control panel is poor, making operation more difficult. The electric shift between driving the truck and pumping water has been a maintenance problem. The truck frequently is moved to different positions at a fire as the firefighting progresses. When the shift breaks down, the truck is immobilized. The last time it broke, the truck had to be towed to the station from the Country Village Apt. fire. A rescue situation at the Highrise could require moving the truck several times. This truck could reach several windows at a time on the third floor but only one window at a time on the sixth floor and not reach the roof at all. 5. Aerial Ladder This unit is one of the first trucks and ladders made by this manufacturer. It is to some degree "jury rigged" and has design flaws. Shakopee bought it as a used demo unit. The system for keeping the platform level has design flaws and requires frequent maintenance including replacing broken pins. The system for raising and lowering the ladder had design flaws and requires frequent maintenance. The hydraulic system has old design parts and parts that should not have been used in this application (types of hoses and fittings) . The hydraulic system should be completely replaced. A new ladder system would have computer control over the angles of the ladder to prevent over reach and tipping. The air breathing system in the platform is not compatible with the newer air pak system we have almost finished converting to. The sprinkler systems in the buildings in Shakopee (except FMG) are designed to try to keep a fire from spreading, not to extinguish it. This truck is used to reach the roofs of the large buildings in town for fire suppression, rescue, ventilation of gases, etc. There are several larger structures in Shakopee that did not exist when this truck was purchased. This truck has an 85 foot ladder, if the truck or the ladder is replaced, the Dept is requesting a 100 foot ladder. The issue of height comes in for rescue from the higher stories or the roof of the highrise and the tall buildings of Rahr and Peavey. The issue of reach comes in for Kmart, Kmart Distribution Center, Certainteed, and FMG. Building Department is now requiring 30 foot fire lanes which makes a longer reach more important. 6. Reliability This truck responds to all structure fires in the city as per agreement with ISO to maintain the current rating for insurance costs. A dependable reliable truck is needed to protect lives and property. Almost all the maintenance on the trucks is done by the Dept. Other than regular servicing, maintenance records have not been kept of the type or frequency of repairs. Department personnel felt it was almost a situation of having to repair something on the truck every time it is used. The City has mutual aid agreement with several other cities for fire service. The only other city with which we have an aid agreement that has an aerial truck is Chanhassen. They received an aerial truck in May and reportedly it is not in service yet. There apparently is differing philosophies on how to use such equipment and the Dept. feels it is important to have a reliable truck of our own. At a past Council meeting, Councilman Wampach suggested a person that he had met that might be able to provide input to the Council to help the process. Mr. Allen Hulett is a retired Fire Chief with a long and varied career. His interest in fire fighting started in the Navy in 1940. The fire fighting career actually began after the Navy in Pewaukee Ws. He has been Chief of Fire and Rescue for the State of Wisconsin, Fire Chief in Pewaukee, WS, Elk Grove and Oaklawn, Ill. and an advisor for the U.N. in establishing a fire service for Saudi Arabia. If Council wishes to pursue having Mr. Hulett render service to the City in evaluating the equipment needs of the Fire Department, I would suggest that direction be given for staff to meet with the Fire Chief and Mr. Hulett to solicit the cooperation of the Fire Department, define the scope of services to be provided and determine compensation. Initial estimates of compensation are $500 - $1,000. An actual proposal to utilize Mr. Hulett would be brought back to Council. If the Fire Department is not receptive to Mr. Hulett's involvement, he would prefer not to pursue the matter. He is concerned with the fire fighters safety and having proper equipment as well as the City's concern of conserving dollars. Staff has contacted about a half dozen other larger cities on this issue and the responses boil down to the issue of the Fire Chief being able to convince the Council that a new truck is needed. We have not come across any objective criteria. The Fire Dept. has discussed the issue of Mr. Hulett reviewing the purchasing criteria and making recommendations on fire trucks. The Fire Chief has related to me that the Dept has reached a consensus that it feels strongly that the Dept )1/1J /J needs a new truck or a refurbishment/updating of the existing truck. If Council decides that utilizing the services of Mr. Hullet in analyzing the situation is warranted, the Dept will be supportive and assist Mr. Hulett in his study. The cost of replacing or refurbishing this truck is currently not in the 1991 budget nor in the five year equipment list. At some point expenditures on this truck will need to be made. Six years from now the truck will be 20 years old. There is also the issue of a replacement pumper coming up for 1992. The city needs to decide how to make the decision to replace/refurbish fire trucks. Alternatives 1. Pursue the possibility of utilizing Mr. Hulett. 2. Do not pursue the possibility of utilizing Mr. Hulett. 3. Proceed with drafting specifications for a new truck. 4. Proceed with specifications for refurbishing the current truck. S. Meet with the Fire Dept to discuss this issue (at the Fire Station to inspect the current truck?) . Recommendation In view of more detailed information on the condition of the current truck, staff recommends that Council proceed with preparing specifications for a new truck. The bids for the sale of the current truck could taken at the same time as bids for the new truck so that the value would be known be fore ordering the new truck. Action Move to direct staff to prepare specifications for a new aerial truck and bring the specifications back to Council for approval. CONSEENT /It MEMO TO: DENNIS KRAFT, CITY ADMINISTRATOR (DirAPi FROM: DAVID E. HUTTON, PUBLIC WORKS DIRECTOR DATE: NOVEMBER 14, 1990 SUBJECT: NEW LAWNMOWER PURCHASE Introduction The Public Works Department is requesting City Council authorization to purchase a new lawnmower. Background The Park Division of Public Works has $10,000 in the Capital Equipment Budget for purchasing a new small lawnmower. The Public Works Department currently has two small lawnmowers, in addition to the tractor mowers. These mowers are used for smaller areas, such as boulevards, etc. where more maneuverability is required. One of the mowers is a Hustler brand and one is a Toro brand. The Toro mower is currently down and requires extensive motor repairs in order to get it operable again. The Hustler mower is still operable. The Hustlel.mower also has a snowblower attachment, which is useful for cleaning the hockey rinks, while the Toro does not have a snowblower attachment. Based on these facts, staff is recommending that the Toro mower be replaced rather than the Hustler. Staff has contacted three lawnmower dealers to submit proposals to replace our Toro mower. In addition, City crews have demonstrated all 3 models of mowers. Two of the suppliers have submitted quotations, while the third declined to submit one. The three manufacturer's contacted and their quotation are as follows: NAME TOTAL PRICE Toro $10,012.00 Jacobsen $10,000.00 Hustler No Bid Attached are the complete quotes from each manufacturer. The bid for the Toro consists of a Toro Groundmaster 220 lawnmower with a 62" cutting deck, cushion seat and a 62" leaf blower kit with 9 cu. ft. bagger attachment. The leaf blower/ bagger attachment is needed for cleaning up leaves within the downtown streetscape area. The Toro bid can be broken down as follows: Ij Toro 220 w/62"Deck $ 8,922.00 Cushion Seat 115.00 62" Blower/Bagger Attachment 975.00 $10,012.00 The Jacobsen bid consisted of a Jacobsen C417D mower with 60" cutting deck, plus the PECO vacuum system for leaves. The Jacobsen Bid can be itemized as follows. C417D w/60" Deck $ 7,605.00 Side Discharge Deck 130.00 PECO Vac System 2,265.00 $10,000.00 Hustler did not submit a proposal. The Toro supplier has also indicated that they will take the old Toro for a trade-in on the new one. They have offered $400 for a trade-in. As this mower currently is inoperable, this trade-in value is undoubtedly higher than if the mower were sold at the auction, unless extensive work and money was used to repair the mower. Staff feels that the trade-in value is the best deal. The Toro supplier has indicated that a mulcher could be added to the blower/bagger attachment for $400, and staff recommends adding this feature. Alternatives 1. Accept the Toro quotation for the entire package and buy the Toro mower for a total amount of $10,012.00. 2. Accept the Jacobsen quotation for a total amount of $10,000.00. 3. Accept part of either the Toro package or the Jacobsen package. 4. Deny the request. Recommendation Based on the actual demonstrations of the equipment, the additional 2" of cutting width and the trade-in value, the Public Works staff recommends purchasing the Toro mower with attachments. Action Requested Move to authorize the purchase of a Toro Groundsmaster 220, 62" lawnmower with attachments for a total price of $10,012.00 out of the Capital Equipment Budget. It QUOTATION IVO 1 I DISTRIBUTING CO. DATE /C,//q CIC 14900 - 21st Ave. No. Plymouth, Minnesota 55441 (612) 475-2200 TERMS /Vg TO: F-E;.ty GT s,1cxkopee 7 RAW. c L'c r k S Sc G L r,c,,n C I re e-t Prices quoted are S )1c%) c•Qri` / M/0 . / 553 ? c1 F.O.B. OcSIi•-,c; tic•") L__ PHONE # Q f n) . - / ) 4/` s-- , / Delivery / 1 f We are pleased to quote as follows: , Quantity Description List Price Sell Price • 1 7oRo 020/0 /5,:i' Dec:K/CtASl,.cn Sec,f 4 -7,C4S - I Toho do/bd " DccKic;Ast,;on/Recx 1.11e,91-t 47,J Lt 7 l ion e, dG-ellSJ I K /6�s1 ;c.1 Sec,f- 44 8,7a v I 'io 'o -)0/o-g1/4_)'' Deck I(05),,c,-pec:r lJe. hi- 4 '3,9 J3 I ioRo da Ll /S0/" Dec k /C;,c51+•'cn Sects- it G 11 i TORO <3'-i Rd" DecK /C;,�s1�;en/r2Ec:r c�;'e,5ht- ,7),.) * Ack4 cc r De Itixe. S (1- '4 11 5 ..-- 5li I 5)" S)cwe, K; f Q„d 9 �N. ct 0a,55E- �� X I ,9" Qlewe,- K; f- a.,cl ci LH. c4. Sc`55er- -A 975 / (.J, de ' / ire, t-' CTa7o� /Obeck oDCOX /Rim I(;ti;s LA-%.1\ oAly -c, t- a)c-U J- ,)a1/44 SALES TAX GRAND TOTAL 1 CERISE 0 HABERMAN 0 TISLAND 0 ZYLKA 0 MERSCHMAN KGREENINGER "QUOTATION GOOD FOR 30 DAYS" � 111 Tr- * 3080 Centerville Road —// _ St. Paul, MN 55117 \O RT H STAR. -j <!-, 'NC Phone 612-484-8411 October 22 , 1990 Mr. Gene Jurissen Shakopee Parks Department 500 Gorman Street Shakopee, MN 55379 Dear Gene: Here is the pricing that you requested as per our phone conversation. 1 - Jacobsen C417D Turfcatw ith 16.5 hp Kubota liquid cooled diesel engine, 50" side discharge deck with solid casters, mechanical PTO, and deluxe suspension seat $ 7,605 .00 - OR - 1 - Jacobsen C420G Turfcat with 20 hp Kubota liquid cooled gasoline engine, 50" side discharge deck, mechanical PTO, solid casters, and deluxe suspension seat $ 7, 130.00 - Add for 60" side discharge deck on either C417D or C420G $ 130.00 c':Q.ct hof v ecvf • cCtar�i,e w eL 70,0v 1 - Jacobsen T422D Turfcat with 22 hp Kubota liquid cooled diesel engine, 60" side discharge deck, hydraulic drive PTO, solid casters and deluxe suspension seat $ 9, 895.00 - Optional arm rests $ 60.00 - Optional R.O.P.S. $ 460.00 - Optional Peco Vacuum System $ 2, 265 .00 Please give me a call if you have any questions . Sincerely, Scott Liestman Enclosure Quality Products with Dependable Service- CONSENT MEMO TO: Dennis R. Kraft, City Admi ' strator FROM: Judith S. Cox, City Clerk / RE: Applications for Wine and �e , Licenses DATE: November 13 , 1990 INTRODUCTION & BACKGROUND: The City has received applications for an On-Sale Wine License and for an On-Sale Non-Intoxicating Malt Liquor License for an establishment located at 483 South Marschall Road. The application is in the name of Minnesota Surgical Specialties, Inc. The business currently operating at this address is known as Something Italian. There are no licenses at this location at this time. The applications as well as the certificate of insurance are in order. Pursuant to Minnesota Statutes as well as the City Code, this establishment may also sell strong beer under these two licenses. They meet the statutory requirement of gross receipts being at least 60% attributable to the sale of food. RECOMMENDED ACTION: Move to approve the applications and grant an On-Sale Wine License and an On-Sale Non-Intoxicating Malt Liquor License to Minnesota Surgical Specialties, Inc. , 483 South Marschall Road. JSC/tiv CONSENT Memo to: Honorable Mayor and City Council Members From: Dennis R. Kraft, City Administrator Re: Probation Termination of City Planner Date: November 14 , 1990 Introduction Lindberg Ekola, City Planner, has successfully completed the required six-month probationary period. Background Lindberg was hired as City Planner on April 16, 1990 . All appointments are subject to a probationary period of six months. His job performance is within acceptable standards, therefore it is my recommendation that the probationary status be terminated effective October 16, 1990 . Action Requested Move to terminate the probationary status of Lindberg Ekola, City Planner, effective October 16, 1990. COSET Memo To: Dennis R. Kraft, City Administrator From: Marilyn M. Remer, Personnel Coordinator Re: Hiring of Legal Secretary & Approval of Resolution No. 3321 Amending the 1990 Pay Plan Date: November 14 , 1990 Introduction At the October 9th meeting, Council authorized the hiring procedure of a Legal Secretary with a salary range of $17 , 673- 24, 138/yr. On November 6th the City Council authorized the City Administrator to offer the position to the most qualified applicant pending completion of the interview process. At this time formal endorsement of the filling of this position is being sought. Background The City Attorney was hired August 28 , 1990 and the need for additional clerical assistance was soon apparent. Council authorized the hiring of a Legal Secretary at its October 9th meeting. The advertising procedure as defined by the Personnel Policy was followed with advertisements placed in local newspapers and notices posted in all city buildings and also at the Scott County Courthouse. Twenty-five (25) applications were received. Five candidates were interviewed by Dennis Kraft, City Administrator, Karen Marty, City Attorney, and myself. The interview panel is recommending that Beverly Mitchell be hired to fill the position. Ms. Mitchell has previous experience as a Legal Secretary, has a Legal Secretarial diploma from Hennepin Technical Institute and is familiar with the Scott County Courthouse procedures. We believe she will be an asset to the legal department. The City' s pay and fringe benefits were discussed with Ms. Mitchell. Staff is recommending Ms. Mitchell ' s starting salary shall be $21, 559/yr. , Step Three of the Secretary Intermediate range effective December 3 , 1990 . Upon successful competion of the customary six-month probationary period, Ms. Mitchell will move to Step Four, Secretary Intermediate. The Secretary-Intermediate classification is appropriate for individuals with 2-4 years experience; therefore the City' s 1990 Pay Plan needs to be amended to add this classification. A pre-employment physcial has been scheduled and the candidate is aware the hiring is continquent upon sucessfully passing the pre-employment physical. Recommendation Staff recommends Council authorize the hiring of Ms. Beverly Mitchell at the salary of $21, 559/yr. (Step Three, Secretary- /1 -' Intermediate) effective December 3 , 1990. Staff is also recommending Council approve Resolution No. 3312 , amending the 1990 Pay Plan to include the Secretary-Intermediate classification. Action Requested 1. Approve Resolution No. 3312 , A Resolution Amending the 1990 Pay Plan to include the Secretary-Intermediate Classification. 2 . Move to hire Beverly Mitchell as Legal Secretary at the salary of $21, 559/yr. (Step Three, Secretary- Intermediate) effective December 3 , 1990 and upon successful completion of the six-month probationary period Ms. Mitchell will move to Step Four, Secretary- Intermediate. RESOLUTION NO. 3312 A RESOLUTION AMENDING RESOLUTION NO. 3171, ADOPTING THE 1990 PAY SCHEDULE FOR THE OFFICERS AND NON-UNION EMPLOYEES OF THE CITY OF SHAKOPEE WHEREAS, Resolution No. 3171 was adopted by the City to clearly define 1990 job classifications and pay ranges for the officers and non-union employees of the City of Shakopee; and WHEREAS, it is necessary to amend the 1990 Pay Plan to include the new classification and pay ranges of Secretary-Intermediate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the 1990 Pay Plan Schedule for the Officers and Non-Union employees of the City of Shakopee is herby amended to read as attached. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of November, 1990. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1990 . City Attorney CITY OF SH , 14-Nov-90 / j City Admininstrator 44,749 47,733 50,716 53,699 56,682 59,666 / City Attorney 35,250 37,600 39,950 42,300 44,650 47,000 Finance Director 37,615 40,123 42,630 45,138 47,646 50,153 Police Chief 39,364 41,988 44,612 47,236 49,861 52,485 Comm. Recreation Dir 31,358 37,165 39,488 41,810 44,133 46,456 Public Works Dir. 38,258 40,809 43,359 45,910 48,461 51,011 City Planner 28,833 30,755 32,677 34,600 36,522 38,444 Dep Chief 33,110 35,318 37,525 39,732 41,940 44,147 Supervisor PW 30,824 32,879 34,934 36,989 39,044 41,099 Building Official 30,944 33,007 35,070 37,133 39,196 41,258 MIS Coordinator 27,104 28,911 30,718 32,525 34,331 36,138 Program Supervisor 25,975 27,707 29,438 31,170 32,902 34,633 Assistant City Admin. 30,535 32,571 34,607 36,642 38,678 40,714 City Clerk 27,245 29,061 30,878 32,694 34,510 36,327 Step Step Step Step #1-Start #2-lYr #3-2Yr #4 (Top) 75% 80% 90% 100% Eng. Coordinator 26,427 28,189 31,713 35,236 Ass't Bldg Inspect 25,405 27,098 30,486 33,873 Housing Inspector 25,405 27,098 30,486 33,873 Ass't. City Planner 24,552 26,189 29,462 32,736 Sr.Act.Clk/Prsnl.Cord. 25,927 27,655 31,112 34,569 Tech III 22,783 24,301 27,339 30,377 Tech II 20,250 21,600 24,300 27,000 Secretary-Experienced 18,104 19,310 21,724 24,138 Secretary-Intermediate 17,966 19,164 21,559 23,955 Acct'g Clerk 16,788 17,907 20,146 22,384 Clerk/Typist II 16,830 17,952 20,196 22,440 Clerk/Typist I 15,313 16,334 18,375 20,417 Receptionist 14,633 15,609 17,560 19,511 Custodians 14,382 15,341 17,259 19,176 j/cc r * rr00 C) * W W W W W W W W * W * W W * WWWWwW * WW * r * rr * 00000000000000 (D W W 0 00 0 a0 * CO Oo * CO(i0 QD 00 00 00 00 00 * Co * 00 * W W W W C.)W W GI W CJ C.)W f..)C.)W(.J X 0 000000 * 00 * 00000000 * 0 * 00 * CpCD(DWWWWWWWW(D(DCDCDW C) . A AAAAA * WW * WWWWWWWW * 00 * 0000000000000000 T. 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(CA O 7 �s + 'd c+ (D (D 0 x H NOW N NO ON H 3 c+ O N 0 w H 0 -1 � W• \.n CO O Co Co 0 0 0 N ON -1 0 W Nil 0 0 0 w Ilk MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Tahpah Park Sprinkler System DATE: November 14 , 1990 INTRODUCTION: Staff has received a request from the Shakopee Jaycees to prepare a feasibility report on installing sprinkler systems in Tahpah Park. BACKGROUND: The Shakopee Jaycees, along with other service organizations, have been the prime funding source for the development of Tahpah Park. Each year, proceeds from Charitable Gambling as well as from the Renaissance Festival , are used by the Jaycees to further develop Tahpah Park. The Jaycees have currently identified one of their top priorities for the next improvement to Tahpah Park to be the installation of an underground sprinkler system in order to adequately water and maintain the 10 athletic fields at this complex. The Public Works Department, specifically the Park Division, is responsible for the maintenance and grooming of this park. The lack of water severely hampers our ability to adequately maintain this park because any landscaping, seeding, sodding, etc. requires water to be hauled down to the park in a tanker truck in order to adequately water this area. The Public Works Department strongly_ supports the installation of a sprinkler system in Tahpah Park and feels that this is the top priority of any park project, as far as maintenance is concerned. It is almost impossible to provide proper athletic field maintenance with no water available. The Jaycees are requesting that a feasibility study be done to determine if this project is "doable" . The feasibility study would evaluate whether a well system or City water supply would be the best alternative to delivering water to the park. If the public water supply is utilized, a portion of the costs may or may not be assessable to the vacant land along the west side of C.R. 15 and south of 12th Avenue. The feasibility report would address this issue. Because there is the possibility that some of the costs may be assessed, the Council should order the feasibility report by adopting the attached Resolution No. 3311. Since the project was not petitioned for by the affected property owners, it would need to be passed by a 4/5 vote of Council (5 votes) , rather than a simple majority. 1 1 k The Community Recreation Director also supports this project and attached is a memo from him to that affect. The concerns that he raised over the funding of this project would be addressed in the feasibility report. ALTERNATIVES: 1. Adopt Resolution No. 3311, ordering a feasibility report for providing water to Tahpah Park and installing underground sprinkler systems. 2 . Deny Resolution No. 3311. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3311 , A Resolution Ordering the Preparation of a Report on an Improvement to Tahpah Park by Installation of Underground Sprinkler Systems and move its adoption. DH/pmp MEM f/ k SHAKOPEE P.O. BOX 133, SHAKOPEE, MINNESOTA 55379 sH�KO►EF Dear Dave Hutton & Shakopee City Council: As Chairman of the Tahpah Park project for the Shakopee Jaycees, we are in desperate need of larger water facilities at the park. The Jaycees have plans for projects that include a greater need for water. The lines going into the park at this time are inadequate. The Jaycees are requesting a feasability study on a well or new lines into the park to update the facility. We would appreciate your action on this matter as soon as possible. If you need me to appear at a Council meeting or need further explanations, please contact me at 496-2000. I look forward to hearing from you soon. Sincerelly, / A' r "" 7/<7� e E. WeLr«erskircilen Tahpah Park Chairman • !I k 1 akopuu Olotninunttg Remotion 129 Levee Drive Shakopee, MN 55379 Phone: 612-445-2742 MEMO TO: Dave Hutton, Public Works Director FROM: George Muenchow, Community Recreation Director SUBJECT: Tahpah Park Sprinkler System DATE : November 7, 1990 In reference to your inquiry regarding my thinking regarding the proposal from the Shakopee Jaycees for an upgraded water system in Tahpah Park my only response is that it has my wholehearted support. Attached is a copy of my C. I . P. recommendation to the City ' s current five year C. I . P. Plan plus the page that indicates that the current intention for the culmination of this project is 1992 . Funding is expected to come from donated sources so this interest coming from the Jaycees is in harmony with all planning aspects, to date, for this project. In your discussions with the Jaycees I would recommend that there be complete understanding as to how the funding of this feasibility study be handled; money from them or from the Park Reserve Fund. I personally have no objection of the latter as long as this does not effect the projects planned for 1991 . Finally, I would recommend that the 1991 Park And Recreation Advisory Board be involved in this process. They are meeting as guests with the current Recreation Board whose next meeting is Monday, November 19, at 7: 00 PM. We would be glad to have this subject included on that agenda if you so wish. Let me know. A COOPERATIVE EFFORT OF THE CITY OF SHAKOPEE AND SCHOOL DISTRICT 720 SINCE 1954 f/ k RESOLUTION NO. 3311 A Resolution Ordering The Preparation Of A Report On An Improvement To Tahpah Park By Watermain And Underground Sprinkler System WHEREAS, it is proposed to improve Tahpah Park by Watermain and Undergound Sprinkler System and to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the proposed improvement be referred to David Hutton, Public Works Director for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended 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: City Attorney // MEMO TO: Dennis Kraft, City Administrator 04/ FROM: Dave Hutton, Public Works Director SUBJECT: Highway Maintenance Agreement DATE: November 14 , 1990 INTRODUCTION: Staff is seeking Council authorization to execute a Highway Maintenance Agreement between Scott County and the City of Shakopee regarding cooperative maintenance on several County roads. BACKGROUND: There are several County Highways within the City of Shakopee that would be easier and more efficient for City crews to plow rather than County crews. These roads consist of the following: 1. CSAH 16 from C.R. 17 to T.H. 300. This is 4th Avenue/6th Avenue between Marschall Road and Adams Street, including Fuller Street between 4th Avenue and 6th Avenue. 2 . C.R. 77 (Apgar) from 10th Avenue to 6th Avenue. C.R. 77 terminates at 6th Avenue. 3 . C.R. 79 (Spencer) from 10th Avenue to Shakopee Avenue. C.R. 79 terminates at Shakopee Avenue. These roads are all within urban Shakopee and since City crews would be plowing all the adjacent City streets, they could easily be plowed at the same time. If they are not plowed at the same time, the public perception would be that those streets were "missed" . Having the City plow these roads would also be advantageous to the County as then they would not have to traverse thru residential , urban Shakopee. These streets would get plowed quicker if the City did it. (In fact, the City has plowed these streets for many years) . The County Highway Engineer agrees that the City should continue to plow these streets. Staff feels that the County should reimburse the City for this service, though. The County Highway Engineer agrees and has submitted a draft copy of a maintenance agreement to the City Council for consideration (agreement attached) . Based on a 3-year average of comparable County highways and associated costs, the agreement states that the County would reimburse the City $2 , 288 . 00 for maintaining these streets for the entire 1990/1991 season. The agreement also indicates that these costs can be adjusted accordingly in July based on actual maintenance costs for the winter. /1 'y►,t The Finance Director has indicated that from a cost accounting standpoint, it would be much easier if the County reimbursed the City in July, 1991 using actual costs for the 1990/1991 season rather than estimating an amount now and adjusting it in July. Staff will pass this comment on to the County and make the appropriate changes in the agreement if acceptable to the County. The City Attorney is also reviewing this agreement and will make any appropriate legal clarifications to the document prior to the execution of it. ALTERNATIVES: 1. Direct the appropriate City officials to execute the Highway Maintenance Agreement with Scott County. 2 . Deny the request. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Move to authorize the appropriate City officials to execute a Highway Maintenance Agreement with Scott County regarding the reimbursement to the City for providing snow and ice maintenance on various County roads. DH/pmp MAINTENANCE l/ v SCOTT COUNTY HIGHWAY DEPARTMENT 600 COUNTRY TRAIL EAST JORDAN, MN 55352-9339 (612) 496-8346 FAX (612) 496-8365 BRADLEY J. LARSON Highway Engineer DANIEL M.JOBE Asst. Highway Engineer-Design DON D. PAULSON Asst.Highway Engineer-Construction November 7 , 1990 Dave Hutton, P .E . Public Works Director City of Shakopee 129 East First Avenue Shakopee, MN 55379 Re : Draft Highway Maintenance Agreement Dear Dave : Enclosed is the draft of the Highway Maintenance Agreement for your review. The County Attorney' s office has reviewed and approved the content and format. If this is acceptable to the City at the staff level, let me know so I can advise the County Board that a formal agreement will be coming in the near future . If you have any questions or would like any further information, please contact this office. Sincerely, e :i4;1•440Q Bradley J. Larson, P .E . County Highway Engineer BJL/kmg Enc . An Equal Opportunity'Affirmative Action Employer Jar( Agreement No. HM-9001 Highway Maintenance City of Shakopee County of Scott HIGHWAY MAINTENANCE COOPERATIVE AGREEMENT THIS AGREEMENT, Made and entered into this day of 19 , by and between the County of Scott, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County" and the City of Shakopee, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City" . WITNESSETH: WHEREAS, The County and the City have been negotiating specific highway maintenance activities on various County highways within the City • of Shakopee; and WHEREAS, The County Engineer has heretofore prepared an estimate of the cost per mile of such agreed upon highway maintenance activities . A copy of said estimate (marked Exhibit "A" ) is attached hereto and by this reference made a part hereof; and WHEREAS, It is contemplated that said work be carried out by the parties hereto under the provisions of M.S. Sec . 162 . 17 , Subd. 1 . -1- // Agreement No . HM-9001 NOW, THEREFORE , IT IS HEREBY AGREED: I The City or its agents shall administer and perform the work contemplated herewith. The County Engineer shall cooperate with the City Engineer and his staff at their request to the extent necessary, but shall have no other responsibility for the supervision of the work. II The County shall reimburse the City for its cost of the highway maintenance work as set forth in the Cost Summary in said Exhibit "A" attached hereto. It is further agreed that the estimate referred to on Page 1 of this Agreement is an estimate of the maintenance cost per mile for the work and that the formula set forth in Exhibit "A" shall govern in computing the total final highway maintenance costs . III The County shall, based on the estimated cost in Exhibit "A" , deposit with the City the estimated County' s cost as preliminary payment by December 1st of each year or within thirty (30) days after execution of this Agreement, whichever is later. The final amount of the County' s share of highway maintenance costs shall be paid to the City upon completion of the year-end financial figures as set forth in Exhibit "A" . -2- )t - Agreement No . HM-9001 In the event the preliminary payment exceeds the County' s share of these final costs , such overpayment shall be returned to the County by the City. IV All records kept by the City and the County with respect to this work shall be subject to examination by the representatives of each party hereto. V Neither the County, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the City for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the City, or arising out of the negligence of any contractor under any contract let by the City for the performance of said work; and the City agrees to defend, save and keep said County, its officers , agents and employees harmless from all claims , demands, actions or causes of action arising out of negligent performance by the City, its officers, agents or employees . VI It is further agreed that neither the City, its officers , agents or employees , either in their individual or official capacity, shall be responsible or liable in any manner to the County for any claim, demand, action or cause of action of any kind or character arising out of , -3- // Agreement No . HM-9001 allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the County, or arising out of the negligence of any contractor under any contract let by the County for the performance of said work; and the County agrees to defend, save and keep said City, its officers , agents and employees harmless from all claims , demands, actions or causes of action arising out of negligent performance by the County, its officers , agents or employees . VII It is further agreed that each party to this agreement shall not be responsible or liable to the other or to any other person whomsoever for any claims , damages , actions , or causes of actions of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of any work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. VIII It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided herein to be performed by the City shall not be considered employees , agents or independent contractors of the County, -4- )19L' Agreement Agreement No. HM-9001 and that any and all claims that may or might arise under the Worker' s Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said City employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the City shall in no way be the obligation or responsibility of the County. Any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees , agents or independent contractors of the City, and that any and all claims that may or might arise under the Worker' s Compensation Act or the Unemployment Compensation Act of the State of Minnesotaon behalf of said County employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the County and shall in no way be the obligation or responsibility of the City. IX The provisions of M. S . 181 .59 and of any applicable local ordinance relating to Civil Rights and discrimination and the affirmative action policy statement of Scott County shall be considered a part of this agreement as though fully set forth herein. -5- Agreement No. HM-9001 Highway Maintenance City of Shakopee County of Scott IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF SHAKOPEE By Mayor ( SEAL) Date And City Administrator RECOMMENDED FOR APPROVAL: Date By Public Works Director Date COUNTY OF SCOTT ATTEST: By By County Administrator Chairman of Its County Board Date Date Upon proper execution, this agreement will be legally valid and binding. By County Attorney RECOMMENDED FOR APPROVAL: Date By County Engineer Date APPROVED AS TO EXECUTION: By County Attorney Date R90598/AGRMT2 10/24/90 Rev. 10/29/1990 -6- • )f ry Agreement No. HM-9001 EXHIBIT "A" SNOW & ICE CONTROL COST FORMULA County Highways to have Snow & Ice Control performed by City of Shakopee : Road pescription Mileage CSAH 16 from TH 300 to CSAH 17 1 .73 CR 77 (Apgar) Tenth Avenue to Sixth Avenue 0 .30 CR 79 ( Spencer) Tenth Avenue to East Shakopee Avenue 0 . 12 TOTAL 2 . 15 Miles Comparable County Highways : oad Description Mileage CSAH/CR 31 CSAH 42 to TH 13 - Savage 2 .36 CSAH 37 TH 21 to TH 19 - New Prague 1 . 54 CSAH 39 TH 13 ( S. Jct. ) to TH 13 (N. Jct. ) - Prior Lake 1 . 21 TOTAL 5 . 11 Miles Past Snow & Ice Control Costs: COST PER MILE goad Length (Mi . ) 1989, 1988 1987 31 2 . 36 $1, 510 $1 , 377 $577 37 1 .54 1 ,327 970 568 39 _1.21 1 ,497 994 579 5 . 11 $1,452* $1, 164* 5575* 3-year Average = $1 ,064/Mile * Weighted Average Cost Per Mile Preliminary 1990/1991 Snow & Ice Control Payment to City of Shakopee Mileage X 3-year Avg. Cost/Mile = 1990/1991 Payment 2 . 15 Miles $1 , 064/Mile $2,288 Final Payment Formula** 1990 Cost/Mile X 1990/1991 Payment - 1990/1991 Payment 3-year Avg. Cost/Mile ** To be determined upon completion of Scott County Highway Department' s Annual Report (estimated June/July, 1991 ) R90598/AGRMT2 10/25/90 110 MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Truth in Taxation DATE: November 16, 1990 The truth in taxation statements sent out by Scott County indicate an increase in the tax levy from $2 , 167, 859 . 00 in 1990 to $2 , 453 , 042 . 00 in 1991, or an increase of 13 . 2%. While the figures included in this statement are accurate they do not reflect the entire budget picture. Some people have assumed that if the City tax levy is going to increase by 13 . 2% their property taxes will increase by a like amount or that the City expenditures will increase by 13 . 2%. Neither assumption can be made based upon the information sent out by Scott County. Another assumption that can be made is that property taxes will increase by 14 .4% for 1991 because the City is increasing by 13 . 3%, Scott County is increasing by 6. 6%, and Independent School District 720 is decreasing by 5. 4%. This is also inaccurate. Without knowing the total size of the real estate tax base the percentages are relatively meaningless in terms of determining future property tax levels. Also it needs to be understood that while the City' s levy is increasing by 13 . 2% the City' s share of the property tax is only about 15% of the total. Another relevant item which is not included in the statement is that the overall level of City expenditures for 1991 is 2 . 5% (or $110, 000) over the expenditures for 1990. This information is being put on the City Council agenda at the request of a City Council member and is intended for discussion purposes only. No additional action is required. No action needs to be taken on this item other than to receive it and file it. II MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Various Personnel Matters DATE: November 16, 1990 INTRODUCTION: The proposed 1991 budget has eliminated the position of Public Works Supervisor and the 1991 Recreation Department has been tentatively approved at a funding level of $105, 000 which will result in the elimination of either the Director position or the Program Supervisor position. Specific City Council action is needed at this time. BACKGROUND: Last August the City Council directed that the preliminary budget be amended so that revenues equaled expenditures. As a result the position of Public Works Supervisor was cut from the budget. The incumbent in that position, Mr. James Karkanen, was notified in late August that the Council was moving in the direction of eliminating this position and that he was being given this early notice so that he could pursue other employment opportunities if he so desired. Subsequent budget discussions have not restored funding of this position therefore it is appropriate that Mr. Karkanen now be given official notice of the termination of the position effective December 31, 1990 . The Shakopee Community Recreation Organization is an autonomous organization that is currently funded jointly by the City of Shakopee and Independent School District 720. In December, 1989 the Shakopee School District notified the City of Shakopee that it intended to withdraw all funding from the Community Recreation Organization effective December 31, 1990. The City Council subsequently decided to take over the operation, provide 100% of the funding and to incorporate the community recreation function as a city department. At the meeting of November 6, 1990, the City Council directed that the funding level be set at $105, 000 for 1991 . This will result in either the elimination of the Director' s position or the elimination of the Program Supervisor' s position. This decision should be made in the near future. If outside advertising is to occur for this position a two to four month time frame will be required to fill whichever position is approved by the City Council. It is essential that a staff be maintained in the Recreation Department. Therefore a transitional period needs to be established regardless of whether the current positions are maintained or changed, and whether the incumbents are retained or new individuals are hired. The job duties of each position should be evaluated and integrated into the pay plan, in a manner consistent with the provisions of Minnesota Pay Equity legislation. // / RECOMMENDATION: 1. It is recommended that the City Council authorize the appropriate City officials to inform Mr. James Karkanen that his position will be terminated effective midnight December 31, 1990. 2 . It is recommended that the Program Supervisor, Clerk Typist I and Receptionist positions be authorized for a 120 day period from January 1, 1991 through April 30, 1991 . 3 . It is recommended that the City Council direct the City Administrator to evaluate all staff positions in the Recreation Department and that he recommend a departmental organization by January 22 , 1991 . ACTION REQUESTED: 1. Move to notify James Karkanen in writing that the Public Works Supervisor position will be terminated effective December 31, 1990 at 12 : 00 midnight. 2 . Move to authorize the temporary filling of all Recreation Department positions from January 1, 1991 through April 30, 1991. 3 . Move to direct the City Administrator to evaluate all staff positions in the Recreation Department and to recommend a Recreation Department organization by January 22 , 1991. COSET TO: Mayor Laurent Councilmembers City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: MINCIS/NCIC Hot Files Agreement DATE: 01 09 90 INTRODUCTION: On 10 25 90, I signed the attached agreement without proper authorization from the City Council. BACKGROUND: In most cases involving missing persons and in many cases involving wanted persons or certain items of stolen property, it is imperative to good police work that entries be made into state and/or federal computer information systems as soon as possible. In some cases to do otherwise might even create unnecessary liability to the city. These entries must be made within very narrow parameters by persons who have been trained and certified to make them. This is a clerical function usually accomplished by office personnel. In Shakopee, police clerical personnel work essentially daytime business hours during the week and are not available to make these entries at night or on weekends. The Scott County Communications Center takes care of these entries when our clerical personnel are not working. When one agency makes "hot file" entries for another, the Minnesota Criminal Justice Information System and the National Crime Information Center require an agreement to be in place which defines the responsibilities of each agency. At the last meeting of the Scott County Emergency Communications Board, I was asked to sign this agreement and return it as soon as possible so it could be presented to the County Board. I reviewed it, signed it and returned it the following day. The thought of bringing it before the Council never occurred to me. In the future, I ' ll be more careful about signing things without checking with you. ALTERNATIVES: N/A RECOMMENDATIONS: N/A ACTION REQUESTED: Authorize the proper city officials to enter into the MINCIS/NCIC Hot Files Agreement with Scott County. ffi4 MINCIS/NCIC HOT FILES AGREEMENT THIS AGREEMENT, by and between the County of Scott , Minnesota , by and through the Scott County Sheriff' s Department , hereinafter bY and referred to as "County" , and the City of S" iM K o f'' through the Chief of Police , hereinafter referred to as "City" . WITNESSETH: WHEREAS, the Minnesota Criminal Justice Information System (MINCIS) and the National Crime Information Center (NCIC) policies require that an agreement be executed between participating criminal justice agencies delineating the responsibilities of the various criminal justice agencies when one criminal justice agency makes " hot file" entries into the system for another criminal justice agency using the entering acencY ORI . (Policy to be found on page 13-7 of the NCIC Operating Manual ) ; and WHEREAS , the Scott County Sheriff' s Department is the designated central dispatch agency for municipalities within the County of Scott and has assumed the responsibility of inputting "hot file ' entries of local criminal justice agencies under its criminal justice agency ORI number MN0700000 ; and WHEREAS, the City, as a participating criminal justice agency located within the County of Scott desires to utilize the County inputting ORI in furtherance of law enforcement activities. NOW THEREFORE, in consideration of the mutual undertakings and agreement contained herein , the County and the City hereby agrees as follows : 1 . Scope of Responsibilities The following procedures shall be followed for the entry, update , confirmation , and cancellation of MINCIS/NCIC "Hot File" records by the County on behalf of the City. A. "PERSONS FILE" records includes missing persons and unidentified persons . Upon proper notification from the City Police agency by phone , radio or mail to the Scott County Sheriff's Communications/Records Division , the County shall enter a Police agency record into the appropriate file using the Sheriff's ORI/MN0700000 . A copy of the file entry shall bll then e forwarded to the requesting City Police agency, which be responsible for verification of the accuracy of the entry information as soon as possible . In the event the City Police agency identifies an inaccuracy in the entry information , any necessary corrections must be immediately reported to the Scott County Sheriff's Communication/Records Division , so that the record may be modified . //F.- page 2 MINCIS/NCIC HOT FILES AGREEMENT Shak ,Sav ,PL,Jor 'WANTED PERSON entries shall be made using the County Sheriff Jail ORI/MN07001SC. This Division shall be responsible for maintaining the accuracy of the entry. B. The requesting City Police agency shall be responsible for the accuracy and completeness of the record after its initial entry by the County Sheriff's Department , and at all times while the record is maintained in the file . The City Police agency must notify the Scott County Sheriff Communications/Records Division in a timely manner with respect to any updates, modifications or cancellations of any record. C. It shall be the responsibility of the requesting City Police agency to confirm and verify MINCIS/NCIC " Hot Files' entries made by the County Sheriff' s Department for that agency when contacted by the County Sheriff' s Department for monthly validations. D. "TEMPORARY" entries. Upon proper notification by the City Police agency, the Scott County Sheriff Communications/Records Division shall enter only temporary entries for the City Police agency for the following " hot files' : VEHICLES LICENSE PLATES 2OATS GUNS ARTICLES SECURITIES E. For the purpose of this agreement , temporary entries are entries inputted after normal business hours by the Scott County Sheriff Communications/Records Division for the City Police agency and are defined as items which are considered recently stolen in an incident , such as a burglary/robbery, which could very likely be located before the City Police agency's next regular business day. All temporary entries shall be made using the County Sheriff ORI/MN0700000 . It shall be the responsibility of the City Police agency during their next regular business__day to contact the Scott County Sheriff Communications/Records Division and request that the temporary entry be cancelled'. It shall then be the responsibility of the City Police agency to enter a permanent record using the City Police agency's ORI . F. In compliance with MINCIS/NCIC policy, a City Police agency not having 24-hour MINCIS/NCIC terminal coverage must provide 24-hour contact information in the miscellaneous field of all "hot file" entries made by that City Police agency. Therefore , the County Sheriff' s Department ORI/MN0700000 , and phone number/612-445-1411 shall be placed in the miscellaneous field for 24-hour confirmation . i/F page 3 MINCIS/NCIC HOT FILES AGREEMENT Shak ,Sav ,PL,Jor G . Upon notification to the responsible City Police agency by the Scott County Sheriff Communications/Records Division of a whit" confirmation request on one of the City Police agency' s records entered either by the County Sheriff or the City Police agency, the City Police agency must , within 10 minutes, furnish a substantive response such as an affirmative or negative confirmation , or notice of the specific amount of time necessary to confirm or reject . This confirmation response is required by MINCIS/NCIC policy. (Policy found in NCIC Operating Manual , page Intro-53 sec .3 of NCIC Standards for Record Entry) 2. Effective Date of Agreement This Agreement shall be effective for a period of one year upon execution by both parties, and shall automatically renew thereafter on the anniversary date of this Agreement unless thirty day prior notification by the terminating or withdrawing party is given to the other party. 3. Authorized Agent of Scott County Scott County shall appoint an authorized agent for the purpose of administration of this contract . City is notified of the authorized agent of Scott County as follows: Lt . Al Du Bois Scott County Sheriff's Department Scott County Courthouse Shakopee , MN 55379-1391 (612) 496-8311 4. Indemnity City shall save and protect , hold harmless, indemnify, and defend the County, its commissioners, officers , agents, employees and volunteer workers against any and all liability, causes of action , claims, loss, damages or cost and expense arising from, allegedly arising from , or resulting directly or indirectly from any professional errors and omissions and/or negligent acts and omissions of City in the performance of this contract . 5. Data Practices City , its agents , employees and any subcontractors of City in providing all services hereunder , agree to abide by the provision of the Minnesota Government Data Practices Act , Minn . Stat . Ch . 13 , as amended, and Minn . Rules promulgated pursuant to Ch . 13. 1/ page 4 MINCIS/NCIC HOT FILES AGREEMENT Shak ,Sav ,PL,Jor 6. Termination This contract may be terminated by either party, with or without cause upon thirty (30) days written notice to the City or the Authorized Agent of the County. SCOTT COUNTY SHERIFF'S DEPT. DATED: , 1990 William J. Nevin , Sheriff CITY OF , POLICE DEPT. 0:17t,-,141:M-CeTele../ DATED: /e/2.4/9a , 1990 Chief • HTFLAGRE Oct 1990 Shak,Sav ,PL,Jor r‘fiONSENT ) 2N- Ct} Memo to: Dennis R. Kraft, City Administrator From: Marilyn M. Remer, Personnel Coordinator Re: Resolution No. 3315 Adopting a Cafeteria Plan Date: November 14 , 1990 Introduction At the November 6th meeting, Council authorized staff to work with AFLAC to prepare the appropriate resolution establishing a Cafeteria Benefits Program within the City of Shakopee. Background American Family Life Assurance Co. (AFLAC) is assisting city staff in establishing a Cafeteria Plan within the context of Section 125 of the Internal Revenue Code for the benefit of the City' s eligible employees. The attached resolution adopts the City of Shakopee Cafeteria Plan and authorizes the City Administrator to execute the Adoption Agreement and any related documents. Alternatives 1. Move Resolution No. 3315, A Resolution adopting a Cafeteria Plan for the City of Shakopee 2 . Do not approve Resolution No. 3315 Recommendation Alternative No. 1 Action Requested Move to approve Resolution No. 3315, A RESOLUTION ADOPTING A CAFETERIA PLAN FOR THE CITY OF SHAKOPEE. 114'. - RESOLUTION NO. 3315 A RESOLUTION ADOPTING A CAFETERIA PLAN FOR THE CITY OF SHAKOPEE WHEREAS , the City Council of the City of Shakopee wishes to adopt a Cafeteria Plan within the context of Section 125 of the Internal Revenue Code for the benefit of the City's eligible employees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the City hereby adopts the City of Shakopee Flexible Benefits Plan (consisting of the Flexible Benefit Plans and Policies) effective January 1, 1991. BE IT FURTHER RESOLVED, that the appropriate City officials are authorized to execute the Adoption Agreement, and any related documents or amendments which may be necessary or appropriate to adopt the Plan or to maintain its compliance with applicable Federal, State and local law. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of November, 1990. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney CONSENT 1z1) TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Resolution No. 3316 Defeasing 1986A GO TIF Bonds DATE: November 15, 1990 Introduction Resolution No. 3316 has been prepared by bond counsel to effect the defeasance of the 1986A G.O. TIF bonds as approved by Council. Alternatives 1. Pass resolution 2. deny resolution. Recommendation Pass resolution. Action Requested Offer Resolution No. 3316 A Resolution Approving Defeasance Program For General Obligation Tax Increment Bonds, Series 1986A and move its adoption. RESOLUTION NO. 3 316 RESOLUTION APPROVING DEFEASANCE PROGRAM FOR GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1986A WHEREAS, the City of Shakopee, Minnesota (the City) presently has outstanding $480,000 principal amount of its General Obligation Tax Increment Bonds, Series 1986A, originally dated July 1, 1986 and maturing on February 1 in the years 1991 through 2001 (the "Refunded Bonds") and will have a substantial asset balance in the sinking fund for the Refunded Bonds; and WHEREAS, it appears that by (i) the purchase of government securities which are general obligations Tif the United States or agencies thereof in an amount sufficient so that the receipt of principal and interest thereon will be adequate to pay all principal and interest on the Refunded Bonds as such becomes due to their maturity dates or earlier designated redemption date, and (ii) the deposit of such government obligations, together with any required beginning cash balance with an independent escrow agent, the security of the holders of the Refunded Bonds will be enhanced and the City will be able to terminate its responsibility with respect to the Refunded Bonds in accordance with applicable law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota, as follows: 1. The defeasance program as prepared by Springsted Incorporated is approved. The City Administrator or Finance Director are authorized to purchase the securities for the defeasance program. 2. The form of Escrow Agreement between the City and the American National Bank and Trust Company, St. Paul, Minnesota, as escrow agent, a copy of which has been presented to the Council, is approved, and the Mayor and City Clerk are authorized and directed to execute the Escrow Agreement on behalf of the City. 3. The Refunded Bonds maturing in the years 1996 through 2001 are hereby called for redemption and prepayment on February 1, 1995 and the Clerk is authorized to give notice in accordance with the provisions of the resolution adopted by the Council authorizing their issuance. Adopted this 20th day of November, 1990. Mayor Attest: City Clerk Approved as to form. 7.1 - /- City Attorney ESCROW AGREEMENT THIS ESCROW AGREEMENT, made and entered into by and between the City of Shakopee, Scott County, Minnesota, hereinafter called the Issuer, and the American National Bank and Trust Company, in St. Paul, Minnesota, hereinafter called the Agent; WITNESSETH, that the parties hereto recite and, in consideration of the mutual covenants and payments referred to and contained herein, covenant and agree as follows: 1. The Issuer has duly issued and presently has outstanding $480,000 principal amount of its General Obligation Tax Increment Bonds, Series 1986A (the "Refunded Bonds") and desires to defease the Refunded Bonds by establishment of the Escrow Account described herein. 2. To accomplish the defeasance, the Issuer has, simultaneously with the execution of this Escrow Agreement, purchased the securities identified in Exhibit A, at the prices set forth in Exhibit A, with funds in the amount of $ from the sinking fund for the Refunded Bonds and has delivered the securities to the Agent. As demonstrated by calculations performed by the Issuer's financial advisor, the securities deposited in the Escrow Account mature at such times and bear interest at such rates that the collections of principal and interest thereon, together with the beginning escrow balance of S , will be sufficient to pay the principal and interest when due on the Refunded Bonds to their stated maturity dates or earlier designated redemption date, as the case may be. 3. The Agent acknowledges receipt of the cash and securities described in Section 2 and agrees that it will hold the cash and securities in a special escrow account (the "Escrow Account") in the name of the Issuer, and will collect and receive on behalf of the Issuer all payments of principal and interest on such securities and will remit from the Escrow Account to the bond registrar and paying agent for the Refunded Bonds, Norwest Bank Minnesota, National AMciation, in Minneapolis, Minnesota, or its successor, the moneys required from time to time for the payment of principal and interest thereon as shown in Exhibit B. 4. The Agent will also, not less than 45 days nor more than 90 days prior to February 1, 1995, cause the notice of the redemption relating to the Refunded Bonds, substantially the form set forth in the attached Exhibit C, to be mailed to the bond registrar and paying agent for the Refunded Bonds, with instructions that said bond registrar and paying agent should mail the notice on or before January 1, 1995 to the registered owner of each Bond to be redeemed as shown on the applicable bond register. 5. In order to ensure continuing compliance with the Internal Revenue Code of 1986, as amended, and present Internal Revenue Service Regulations promulgated thereunder, the Agent agrees that, unless it has received an opinion of nationally recognized bond counsel permitting such reinvestment, it will not reinvest any cash received in payment of the principal of and interest on the federal securities held in the Escrow Account. -2- Any funds remaining in the Escrow Account upon full payment of the Refunded Bonds shall be remitted to the Issuer. 6. The Agent and the Issuer have made provision for payment of all fees of the Agent for all services to be performed by it as Agent under this Escrow Agreement, and the Agent expressly waives any lien upon or claim against the moneys and investments in the Escrow Account for payment of any charges or expenses Whatsoever. 7. By January 31, 1991, and by each January 31 thereafter until termination of the Escrow Account, the Agent shall submit to the Issuer a report covering all money it shall have received and all payments it shall have made or caused to be made hereunder during the preceding calendar year. Such report shall also list all obligations held in the Escrow Account and the amount of money existing in the Escrow Account on December 31 of such preceding year. 8. It is recognized that title to the securities and money held in the Escrow Account from time to time shall remain vested in the Issuer but subject always to the prior charge and lien thereon of this Escrow Agreement and the use thereof requrred to be made by the provisions of this Escrow Agreement. The Agent shall hold all such money and obligations in a special trust account separate and wholly segregated from all other funds and securities of the Agent. It is understood and agreed that the responsibility of the Agent under this Escrow Agreement is limited to the safekeeping and -3- segregation of the moneys and securities deposited with it in the Escrow Account and the collection of and accounting for the principal and interest payable with respect thereto. 9. This Escrow Agreement is made by the Issuer for the benefit of the holders of the Refunded Bonds and is not revocable by the Issuer, and the investments and other funds deposited in the Escrow Account and all income therefrom have been irrevocably appropriated for the payment of the Refunded Bonds and interest thereon when due, in accordance with this Escrow Agreement. 10. This Escrow Agreement shall be binding upon and shall inure to the benefit of the Issuer and the Agent and their respective successors and assigns. In addition, this Escrow Agreement shall constitute a third party beneficiary contract for the benefit of the holders of the Refunded Bonds. Said third party beneficiaries shall be entitled to enforce performance and observance by the Issuer and the Agent of the respective agreements and covenants herein contained as fully and completely as if said third party beneficiaries were parties hereto. 11. Upon merger 5r consolidation of the Agent, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Agent. Upon the resignation of the Agent, which shall be communicated in writing to the Issuer, or in the event the Agent becomes incapable of acting -4- e hereunder, the Issuer reserves the power to appoint a successor Agent. No resignation shall become effective until the appointment of a successor agent by the Issuer. If no successor has been appointed within 60 days from the mailing of notice of resignation by the Agent, the Agent may petition a court of competent jurisdiction to appoint a successor agent. Upon the appointment of a successor agent, the Agent shall deliver to the successor agent all securities and=cash held by it hereunder. -5- 0- 4 IN WITNESS WHEREOF the parties hereto have caused this instrument to be duly executed by their duly authorized officers, as of the 29th day of November, 1990. CITY OF SHAKOPEE, SCOTT COUNTY, MINNESOTA By Mayor By City Administrator (SEAL) Attest: City Clerk AMERICAN NATIONAL BANK AND TRUST COMPANY, Agent (SEAL) By Its -6- 12 EXHIBIT A SECURITIES A-1 EXHIBIT B ESCROW CASH FLOW B-1 EXHIBIT C NOTICE OF REDEMPTION $500,000 General Obligation Tax Increment Bonds, Series 1986A Dated July 1, 1986 City of Shakopee, Minnesota Notice is hereby given that all Bonds of the above issue maturing in the years 1996 through 2001 will be redeemed and prepaid by the City of Shakopee, Minnesota, on February 1, 1995; at a price of 100% of their principal amount plus accrued interest to the date of redemption. Holders of said Bonds should present them for payment to Norwest Bank Minnesota, National Association, in Minneapolis, Minnesota, on or before said date, subsequent to which interest shall cease to accrue. Dated: November 20, 1990 BY ORDER OF THE CITY COUNCIL CITY OF SHAKOPEE, MINNESOTA Judith Cox City Clerk C-1 CONSENT / .Zc MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Resolution No. 3305, Changing Meeting Times DATE: November 15, 1990 INTRODUCTION AND BACKGROUND: On November 6, 1990 City Council discussed changing the meeting dates for January, 1990. Council directed staff to plan the meetings for January 8th and 22nd instead of January 2nd and January 15th, since there were five Tuesdays in January. The attached resolution changes the meeting dates, which change is required by resolution, pursuant to City Code Section 2 . 02 . RECOMMENDED ACTION: Offer Resolution No. 3303 , A Resolution of the City of Shakopee, Minnesota, Changing The Regular Time of Meeting For The Month of January 1991, and move its adoption. RESOLUTION NO. 3305 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, CHANGING THE REGULAR TIME OF MEETING FOR THE MONTH OF JANUARY 1991. WHEREAS, City Code Section 2.02 authorizes the City Council, by resolution adopted not less than one (1) week prior thereto, to change its regular time of meeting; and WHEREAS, the City Council desires to postpone each of its January 1991 meetings one week. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the City Council meetings for the month of January 1991 shall be changed from January 2 and 15 to the following Tuesdays, January 8 and 22, respectively. Each meeting shall be held at the regular time and place, namely 7 : 00 p.m. in City Council Chambers, 129 E. 1st Ave. , Shakopee, Minnesota. Passed in adjourned session of the City Council of the City of Shakopee, Minnesota, held this day of 1990. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: /mil ' // moi/ City Attorney Published in the Shakopee Valley Newis day of , 1990. 1;4 (1. CONSENT MEMORANDUM TO: Dennis Kraft, City Administrator FROM: Karen Marty, City Attorney DATE: November 16, 1990 RE: Budget Amendment At the City Council meeting Tuesday, the City Council will be requested to approve the hiring of a legal secretary. The candidate tentative selected has indicated that she will be available to start work on December 3rd, the first Monday in December. Prior to that time, I am trying to secure the necessary office supplies and equipment for her office. A computer is a necessary item for the legal secretary, as she will be expected to prepare numerous documents from forms which are or will be on the computer. There are sufficient funds in the Supplies section of my budget to cover this expenditure as well as all other anticipated supplies purchases for the remainder of the fiscal year. Therefore, this budget amendment request simply moves funds from the Supplies account to the Capital Expenditures account to cover this item. The amount is the same amount as used for my computer. Alternatives 1. Approve Resolution No. 3319 . 2 . Decline to approve Resolution No. 3319 . Action Offer Resolution No. 3319 , A Resolution amending Resolution No. 3159 Adopting the 1990 Budget, and move its adoption. Signed i _= Karen Marty, City,Attorney 1 ;2. oL RESOLUTION NO. 3319 A RESOLUTION AMENDING RESOLUTION 3159 ADOPTING THE 1990 BUDGET WHEREAS , the City Council has adopted a budget for the fiscal year, and WHEREAS , changing conditions and circumstances warrant amending the budget, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the accounts are changed as follows: Legal Counsel Division of the General Fund, Account 4210, Supplies, is hereby decreased by $1650 . 00 . Legal Counsel Division of the General Fund, Account 4511, Capital Equipment, is hereby increased by $1650. 00 . Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this day of November, 1990 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: e -6 ,77717T City Attorney ( CONSENT / 2., -2) MEMO TO: Dennis R. Kraft, City Admi ^trr for FROM: Judith S . Cox, City Clerka RE: Release of Temporary Easements - Heritage Place DATE: November 8 , 1990 INTRODUCTION: I have received a request that the City release four temporary easements which were granted at the time of the platting of Heritage Place. BACKGROUND: When the City Council approved the plat of Heritage Place, two temporary easements were required. One temporary easement provided for a roadway over two lots which would have allowed for the construction of a cul-de-sac if the next phase of the development where not completed and the roadway was not extended to the East and to the Northwest. This temporary easement was provided both by the fee owner Gardner Brothers and by the contract for deed owner Heritage Development, Inc. The second temporary easement provided for the construction of a temporary drainage containment facility which was to continue till the time the upper valley drainage improvement project was completed. Heritage Drive has been completed to the West and to the Northwest, so there is no longer a need for a temporary cul-de-sac. The Upper Valley Drainage Project has been completed through the Heritage Place Development so there is no longer a need for the temporary easement for the temporary drainage containment facility. This easement was also provided both by the fee owner Gardner Brothers and by the contract for deed owner Heritage Development, Inc. Staff recommends that the appropriate action be taken to release the four easements: two from Gardner Brothers and two from Heritage Development. RECOMMENDED ACTION: Offer Resolution No. 3307 , A Resolution Authorizing the Delivery of Deeds to Extinguish Easements in Heritage Place, and move its adoption. JSC/tiv RESOLUTION NO. 3307 A RESOLUTION AUTHORIZING THE DELIVERY OF DEEDS TO EXTINGUISH EASEMENTS IN HERITAGE PLACE WHEREAS, under date of September 28 , 1987, easements were executed by Heritage Development, Inc. and Gardner Bros. Const. Inc. running in favor of the City of Shakopee for the purpose of providing a temporary easement for roadway purposes over the following described property: Lot 7, Block 2, Heritage Place; and Lot 27 , Block 4 , Heritage Place, Scott County, Minnesota, and said easements where filed for record in the office of the Registrar of Deeds of Scott County, .Minnesota, on September 28 , 1987 ; and WHEREAS, under date of September 28, 1987 , easements were executed by Heritage Development, Inc. and Gardner Bros. Const. Inc. running in favor of the City of Shakopee for the purpose of providing a temporary easement for construction of a temporary drainage containment facility over the following described property: Lots 2 thorough 7, inclusive, Block 2, Heritage Place, Scott County, Minnesota, and said easements where filed for record in the office of the Registrar of Deeds of Scott County, Minnesota, on September 28, 1987 ; and WHEREAS, the City no longer requires the above described easements and the same serve no useful purpose and should be released and discharged of record. THEREFORE, BE IT RESOLVED, BY the City Council of the City of Shakopee, Minnesota, that the easements above described and the same hereby are released and discharged. BE IT FURTHER RESOLVED, that a quit claim deed to discharge the same of record be made and signed by the proper City officials and delivered to the present owner of the above described property. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this 20th day of November, 1990. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1990. City Attorney li NEW ABSTRACTS REGISTERED PROPERTY ABSTRACTS CONTINUATIONS TITLE INSURANCE CLOSING SERVICE RECORDING SERVICE SCOTT COUNTY ABSTRACT AND TITLE, INC. 223 HOLMES STREET, P.O. BOX 300 SHAKOPEE, MINNESOTA 55379 David Moonen and Dale Kutter Kerry Meagher,General Counsel TELEPHONE:(612)445-6246 FAX:(612)445-0229 November 7, 1990 City of Shakopee Attn: Judy Cox 129 1st Ave. East Shakopee, MN 55379 Dear Judy: Per our Conversation on November 7, 1990, we discussed releasing of four easements, granted to the City of Shakopee. The following are the 4 easements I need released: (1) ; Easement granted to City of Shakopee, dated September 21, 1987, filed September 28, 1987, as Doc. No. 239360. (2) ; Easement granted to City of Shakopee, dated September 18, 1987, filed September 28, 1987, as Doc. No. 239361. (3) ; Easement granted to City of Shakopee, dated September 18, 1987, filed September 28, 1987, as Doc. No. 239362. (4) ; Easement granted ti City of Shakopee, dated September 21, 1987, filed September 28, 1987, as Doc. No. 239363. When these releases are ready please send them to me at the above address and I will take care of recording them with the county. If you have any questions please feel free to contact me. Sincerely; 7 Susan C. Malz Scut County Abstract MEMBER MINNESOTA LAND TITLE ASSOCIATION AGENT FOR CHICAGO TITLE INSURANCE COMPANY LAIM pE.ED Minnesota Uniform Conveyancing Blanks(1978) Milter•Oavif Co. Mlnnee••Is G. ship :c•, 0Dwl -P a) es and transfer entered,;-Certificate C aO cv ue ( ) filed ( -1-not required . y�; :zr t N co :_:!::.'.fill%,Atm C x I stateFValue No. ca as o a) t'i'c- 7 , 19 2—7 1 `-'.-4 milk n la eoYsd teilmaKizt 0 s-4 r•-I cd rsa t!1!� 1a tin ail r�'p9rC ^a a W 73 al • A .w �� ht,7_---:::,(4-‘ t- ',' 1% it si �o' t....... a. ca ali I a0County Auditor s;. cv (13moi GI'?�r rs , 23: 3 O 0 4-, g7„--,----2...„--,2 - .... t•les $4. E• E +) S.1 a) o a� Deputy -. was;xrcr¢:r .X DUE HEREON: $ --- - _ill: • - --- - J1Nlt• iJ L.u✓ ,. /•c. & o. I 19 Date: , (reserved for recording data) FOR VALUABLE CONSIDERATION, Heritage Development, Inc. , a cnrpnrat•inn under the laws of NH nnesnt•a , Grantor, hereby conveys and quitclaims to The City of Shakopee Grantee, a public body corporate and un.er the laws of Minnesota ,real property in Scott County, Minnesota,described as follows: A temporary easement for construction of a temporary drainage containment facility over the following described property: Lots 2 through 7, inclusive, Block 2., Heritage Place Said temporary easement to expire at the time the Upper Valley Drainage Improvement Project is completed to Heritage Place subdivision. (if more space is needed,continue on back) together with all hereditaments and appurtenances belonging thereto. HERI A VELOPMENT, INC. Affix Deed Tax Stainfl Here By Its � \ .. By Its STATE OF MINNESOTA .rr1— ss. COUNTY OF i • The foregoing was acknowledged before me this day oftpit;.a•,,2/u.>- + 19 37 by S Ia me.S- C, l�Apn/,t._.f the pia,sr� e,-„e and a corporation of Heritage Development, Inc. on behalf of the + corporation under the laws of Minnesota , y NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RANK) 1 L/%• ,�/{'���_ a r � O,L -a-`� ,,,LLL SIGNATURE OF PERSON TAKIIiitl ACKNOWLEDGMENT • �� be ;. KATHLEEN A. KAPOUN Tax aseStatements t t (inclufor the real de name and propertssodescribed es nbedin this instrument should .. .-asit►t. mocker •t1eUC—a►INNtSOIA , C.'`1 RAMSEY COUNTY j '•4!;..,•. m„cornm„S,on t..Ores 7.23-43 The City of Shakopee •� -. X�. 1r.:.-. 31-M- ;1UIj.frLAIM D EQ 14'13 _-)rllntlesQta.,yniform Conve ancln;Slanks11978)• MdNr-Dews Co.M+nneepobs or Partnership poration or Partnership z o delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed (C.-I-not required Certificate o Re Estate Value No. , 19 7 C;i ce pf County est stat Csesty,Mtra. ss. I P reby seKlry bat the witilki te*trum t ,74-674;r4:‹ f we: flied b tfTts ethos tar tram: sn County Auditor its -2-kby of i4 e_j • by �'T�(0_ /�� 1�.r •st tidy nardei is 2 3✓.3 6 3 Deputy lb I! STATE DEED TAX DUE HEREON: $ _ •�---i;�,,,.r '�� , Corny httr7reer Date: 19................ C:,*.:Ti (reserved for recording data) T , Gardner Bros. Const. , Inc. FOR VALUABLE CONSIDERATION, , a corporation under the laws of Minnesota , Grantor, hereby conveys and quitclaims to The City of Shakopee , Grantee, a public body corporate and 1under the laws of Minnesota ,real property in Scott County, Minnesota, described as follows: A temporary easement for roadway purposes over the following described property: Lot 7 , Block 2 , Heritage Place; and Lot 27 , Block 4, Heritage Place. Said temporary easement shall terminate when Heritage Drive is extended to the West and Northwest. ) (if more space is needed,continue on back) together with all hereditaments and appurtenances belonging thereto. GARDNER BROS. CONST. , INC. l)'ed 'I•ax Stamp Here Byr,# Presiden By Its STATE OF MINNESOTA ss. COUNTY OF The foregoing was acknowledged before me this o?/ 41 day of 7/ei 1.lJt°fe.... , 1987 by Jeffrey A. Gardner Glx the President tic of Gardner Bros. Const. . Inc. , a rnrpnratinn under the laws of Minnesota , on behalf of the corporation _• NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RANK) /11ir�..C J !.'C OF PERSON4%774.A— SIGNATURENO ACKNOWLEDGMENT Tax Statements for the real property described In this Instrument should KATHLEEN A. KAPOUN be sent to(Include name and address of Grantee): 3 NOTARY PUBLIC—MINNESOTA . tsA SEY COUNTY T;OENT MEMO TO: Dennis Kraft, City Administrator FROM: Ray Ruuska, Engineering Coordinator SUBJECT: 11th Avenue Street & Storm Construction, Project No. 1988-5 DATE: November 15, 1990 INTRODUCTION: Council action is required for a Resolution Accepting Work on 11th Avenue Street & Storm Construction, Project No. 1988-5. BACKGROUND: All of the work for this project has been completed in accordance with the contract document. A signed copy of the Certificate of Completion is attached. ACTION REQUESTED: Offer Resolution No. 3313 , A Resolution Accepting Work on 11th Avenue Street & Storm Construction, Project No. 1998-5 and move its adoption. RR/pmp MEM3313 CERTIFICATE OF COMPLETION CONTRACT NO . : 1988-5 DATE : November 15 , 1990 PROJECT DESCRIPTION : 11th Avenue Street & Storm Sewer Construction CONTRACTOR : Hardrives , Inc . 9724 10th Ave . N . Plymouth , MN 55441 ORIGINAL CONTRACT AMOUNT $ 69 , 395 . 20 QUANTITY CHANGE AMOUNT $ 2 , 126 . 91 CHANGE ORDER NO , 1 THRU NO, -- AMOUNT , , , $ 2 , 009 . 87 FINAL CONTRACT AMOUNT $ 73 , 531 . 98 LESS PREVIOUS PAYMENTS $ 70 , 531 . 98 FINAL PAYMENT $ 3 , 000 . 00 I, hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the same has been fully completed in all respects according to the contract, together with any modifications approved by City Council , I, therefore, recommend above specified final payment be made to the above named Contractor, Professional Engineer , Y IC-134Minnesota Department of Revenue — Business Trust to IRe' 7'851 Affidavit for Obtaining Final Settlement of Contract with the State of p 1989 Minnesota and any of its Political or Governmental Subdivisions NOV 2 36r, Name of contractor 1 Minnesota identification number pf none.read Instructions) Hardrives, Inc. 9245382 Business address 7200 Hemlock Lane North Area code and telephone number City.town or post office I State I Zip code Maple Grove 1 MN 155369 (612 ) 424-4424 Check the box which describes your involvement in this project (read definitions on other side) X Prime contractor 7 Contractor 1 Subcontractor Project location Project or contract number Period of contract (Month Year) 11th Avenue, Shakopee, MN 1988-5 From 743 To 6/en Name of Minnesota governmental unit for wh cn work was performed Total amount of contract 4 Amount still due City of Shakopee 69,395.20 3,00 .00 Address of Minnesota governmental unit City town or post office Zip code 129 East 1st Avenue Shakopee 55379 Did you pay or supervise the payment of persons employed on this contract? ❑ Yes ❑ No If yes, did you withhold Minnesota income tax from the wages of each employee as required by Minnesota Statute 290.92? Yes ❑ No Have you filed all required withholding returns and deposited Minnesota tax withheld with the Department of Revenue as required by Minnesota Statutes 290.92 and 290.97? ® Yes ❑ No Do you authorize the Department to inform the prime contractor , upon it's request whether your form IC-134 has been certified? 0 Yes ❑ No If you are a subcontractor, list your prime contractor's business name and address. Name: If you are a contractor or subcontractor, skip the next section of this form and sign below. If you are a prime contractor, fill in the names and addresses of all your subcontractors. If you seed more space to list your subcontractors, attach a separate sheet. Also you must attach certified affidavits of your subcontractors and sign below. Name and address Name and address Richard Knutson, Inc. • 201 Travelers Trail i Burnsville, MN 55337 Name and address Name and address Minnesota State Curb & Gutter 6801 West 150th Street Apple Valley, MN 55124 Name and address Name and address Don Eve & Sons 9580 Eden Prairie Road Eden Prairie MN 55344 I declare under the pe (ties of criminal liability for willfully making a false statement. that the above statements are true and correct to the best of r7 knowledge and belie Sign C_F_n_ //A6 g your nature Title Date Here Certificate of Compliance with Minnesota Statutes 290.92 and 290.97 Based on the facts stated in the above affidavit and the facts in the files and records of the Department of Revenue, the above contractor subcontractor has properly complied with all of the provisions of Minnesota Statute 290.92 relating to the withholding of income tax on wages paid to employees and Minnesota Statute 290.97 relating to contract services with the State of Min to or an ry o,f s ggve nmen 1 or poli tFal subdivisions. NOV 2 V 1989 S g..ature of autnor.zec Department 01 Revenue'ec'esen:at:e Da:e IC 134 Minnesota Department of Revenue tRex 71851 Affidavit for Obtaining Final Settlement of Contract with the State of r? /ow Tax Minnesota and any of its Political or Governmental Subdivisions SEP Name of contractor Minnesota identification number Richard Knutson, Inc. (if none.read instructions) Business address 7,3/ 9-(-/7� City,town or /;25r5- /-5.- 1/(7716":' �� ` f Area code and telephone number post office State Zip code0n& �� .� ,-� - Vo _ MN 55331 (6/,1 ) , '9 - yd (/ Check the box which describes your involvement in this project (read definitions on other side)1 ❑ Prime contractor ❑ Contractor u Subcontractor Project location Project or contract number Period of contract(Month/Year) 11th Avenue. Shakopee, MN 1988-5 _From 9/g To /0,/9 Name of Minnesota governmental unit for which work was performed Total amount of contract Amount still due • City of Shakopee 17,556.70 _ 1(p& -)U Address of Minnesota governmental unit City.town or post office Zip code 1 • 129 East 1st Avenue Shakopee 55379 Did you pay or supervise the payment of persons employed on this contract? ( Yes 0 No • .. If yes,did you withhold Minnesota income tax from the wages of each employee as required by Minnesota Statute 290.92? IA Yes 0 No Have you filed alI required withholding returns and deposited Min'nesorta tax withheld with • the Department of Revenue as required by Minnesota Statutes 290.92 and 290.97? Yes 0 No Do you authorize the Department to inform the prime contractor upon it's request whether your form IC-134 has been certified? Yes 0 No If you are a subcontractor, list your prime contractor's business name nd address. Name: Hardrives, Inc. 7200 Hemlock Lane North, Maple Grove, MN 55369 If you are a contractor or subcontractor,skip the next section of this form and sign below. If you are a prime contractor, fill in the names and addresses of all your subcontractors. If you need more space to list your subcontractors, attach a separate sheet.Also you must attach certified affidavits of your subcontractors and sign below. Name and address Name and address • • Name and address Name and address • • Name and address Name and address i • 1 declare under the penalties of criminal liability for willfully making a false statement, that the above statements are true and correct to the best o' my knowledge and belief. • ' T ) Sign Al Ai ,ate / 0J) 9///// i Here Yo r�rgna.ure ie e Certificate of Compliance with Minnesota Statutes 290.92 and 290.97 Based on the facts stated in the above affidavit and the facts in the files and records of the Department of Revenue, the above contractor subcontractor has properly complied with all of the provisions of Minnesota Statute 290.92 relating to the withholding of income tax on wages paid to'emplo -es .n., Minnesota Statute 290.97 relating to contract services with the State of Minnesota or any of i .gbver 0-0,%i iiti,,=I - bdivisions. P i 3 1989 r+a•.;•e o'a.,nc•¢eC Depar rrie.'of Reve-. represen:a•..€ Da:e • REVENUE Z 14;,714:::".• M,nne'.o;a Der,,a1ment 0'rt,rn x 1aix Affidavit for O5'7ATning Final Settlement of Contract with he State of JU 2 2 12 '.^ Minnesota and any of its Political or Governmental Subdivisions a> Name c'COntraC1O' M'nnesola roe'+U+,carron numDe' Minnesota State Curb & Gutter 1 (rt none react rnstruCtronS) 6usrness aooress 3 2..4-70-7 CJ 6801 West 150th Street Area cone end te,epnone numoe• Cry.town or pose o`,ce State Zip cooe Apple Valley MN 55124 ( 6/2- ) 431-7/32- Cneck the box which oescriDes your involvement in this project (reac definitions on other side) ❑ Prime contractor ❑ Contractor [ Subcontractor Proles rocat'0 Fro.e_cr or contract numoer Period of contract (Month:Year) 11th Avenue, Shakopee, MN 1988-5 From /DM- To /0/8? Name o'M,nnessota povernmenta,unit to wnrcn worx was penormeC To;a'amount of contract Amount s rti clue City of Shakopee 13,026.00 '7z/Q •St, Acoress o:Minnesota povemmenta•unr. City.town o'post',nice Zt 129 East 1st Avenue Shakopee p5 19 • Did you pay o' supervise the payment of persons employed on this contract? gf Yes ❑ No • If yes, did you wrtnnold Minnesota income tax from the wages of each employee as required by Minnesota Statute 290.92? Yes ❑ No Have you filed all required withholding returns and deposited Minnesota tax withheld with the Department of Revenue as required by Minnesota Statutes 290.92 and 290.97? .0 Yes ❑ No Do you authorize the Department to inform the prime contractor r� upon it's request whether your form IC-134 has been certified? E Yes ❑ No If you are a subcontractor, list your prime contractor's business name and address. Hardrives, Inc. 7200 Hemlock Lane North, Maple Grove, MN 55369 Name: If you are a contractor or subcontractor, skip the next section of this form and sign below. If you are a prime contractor, fill in the names and addresses of all your subcontractors. If you need more space to list your subcontractors, artach a separate sheet. Also you must attach certified affidavits of your subcontractors and sign below. ;Name ant actress Name ant adorers 'Name anc acoress Name anc acoress Name anc acoress Name ant acoress oelare urge' The pertarues Of s.i...c (•.2Je-y fpr tall J4iy marcrrr_ a tate 5:Eleme-: ?.2' me aoove s temerr are true ant correct to the bes' c' my kri wreo3E 2ri De,te:. Sion / . .a ' r i / _ •N7 11 Here in,e D.te Certificate of Compliance with Minnesota Statutes 290.92 and 290.97 Based on the fags stated in the above affidavit and the facts in me files and records of the Deoar•,ment of Revenue, the above co ntractorisuOcontractor has property complied with al! o`me provisions of Minnesota Statute 290.92 reiatln9 to the witnholdinc of income tax on woes paid to employeesan„ Mtnnorata Statute 290.97 re:atinc_ to contract services with the State o` Minnesota cr any of its oovernmentai or political subdivisions. ; c • ��_. _ m'.g;gir� 4a .+ale K. SM,nneso:a Deoanment o'Revenue rste. 7•e S! Affidavit ' Obtaining Final Settlement of Conti with the State of JON Minnes�.a and any of its Political or Governmental Subdivisions 22 Igt i Name 01 c Tractor Don Eve & Sons (Minnesota roenmrcat.on Hamper f none redo rnsuuctons) business9580 aooressEden P_ Z5(7 3Z 7C/ Pr arie Road / Area cone ano teieonone number Gats,town or post onceStatep Eden Prairie I MN 15344 (&/c)-) y37 - 83 Check the box which Describes your involvement in this project (read definitions on other side) ❑ Prime contractor ❑ Contractor ® Subcontractor Prefect IOcat'On Pro,ect or contract numoeiPerron of contract(Mon h/hear) 11th Avenue, Shakopee, MN 11988-5 I From 1J K To I r 1,� ; Name of Minnesota governmental unit for wnrcn wont was penormed Total amount of contract Amount still Due �( City of Shakopee 1 2,232.50 f Aooress of Minnesota governmental unit Ic"t'akOPlie: 7-----' 12rp129 East 1st Avenue 5 X79 Did you pay or supervise the payment of persons employed on this contract? JSI Yes ❑ No I. If yes, did you withhold Minnesota income tax from the wages of each employee as required by Minnesota Statute 290.92? ,"Yes 0 No Have you filed all required withholding returns and deposited Minnesota tax withheld with �-,� the Department of Revenue as required by Minnesota Statutes 290.92 and 290.97? Q4 Yes 0 No Do you authorize the Department to inform the prime contractor upon it's request whether your form IC-134 has been certified? 0 Yes 0 No If you are a subcontractor, list your prime contractor's business name and address. Hardrives; Inc. 7200 Hemlock Lane North, Maple Grove, MN 55369 Name: If you are a contractor or subcontractor,skip the next section of this form and sign below. If you are a prime contractor, fill in the names and addresses of all your subcontractors. If you need more space to list your subcontractors, attach a separate sheet. Also you must attach certified affidavits of your subcontractors and sign below. Name and aooress Name and address Name anc aooress Name and aooress Name and aooress Name and address • 1 oeVare under • n- t, 'es of ,nr,,.ral fizZihty for will`uhy makinc a tats rat the above statements are true ant cone= to the best of my knowteooe anti • .. Sian 1...e...7, --t, )fle,:C-- Here Yot7�s�g. re (Li_ to y Tait Date • Certificate of Compliance with Minnesota Statutes 290.92 and 290.97 Based on the facts stated in the above affidavit and the facts in the files and records of the Department of Revenue, the above contractor/subcontractor has properly complied with all of the provisions of Minnesota Statute 290.92 relating to the withholding of income tax on wages paid to employees and Minnesota Statute 290.97 relating to contract services with the State of ';!inn sola or any of its governmental or political subdivisions. 0 0 JUN 22 TM Ze gr. .a::., crzec gar,, -- Date /L, RESOLUTION NO. 3313 A Resolution Accepting Work On The 1988-5 Public Improvement Program 11th Avenue Street & Storm Sewer Construction WHEREAS, pursuant to a written contract signed with the City of Shakopee on September 8, 1988, Hardrives, Inc. , 9724 10th Ave. N. , Plymouth, MN 55441 has satisfactorily completed the construction of 11th Avenue Avenue by Street and Storm Sewer, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of $ 3,000.00, taking the contractor's receipt in full. 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: City Attorney MEMO TO: Dennis Kraft, City Administrator FROM: Ray Ruuska, Engineering Coordinator SUBJECT: 1990 Pavement Preservation - Sealcoat Project No. 1990-10A DATE: November 15, 1990 INTRODUCTION: Council action is required for a Resolution Accepting Work on the 1990 Pavement Preservation Program - Sealcoat, Project No. 1990-10A. BACKGROUND: All of the work for this project has been completed in accordance with the contract document. A signed copy of the Certificate of Completion is attached. ACTION REQUESTED: Offer Resolution No. 3314 , A Resolution Accepting Work on the 1990 Pavement Preservation Program - Sealcoat, Project No. 1990-10A and move its adoption. RR/pmp MEM3314 CERTIFICATE OF COMPLETION CONTRACT NO . : 1990- 10A DATE: November 14 , 1990 PROJECT DESCRIPTION : 1990 Pavement Preservation - Seal Coat CONTRACTOR: Astech Corp . P . O . Box 1025 St . Cloud , MN 56302 ORIGINAL CONTRACT AMOUNT $ 40 ,873 . 50 QUANTITY CHANGE AMOUNT $ ( 836 . 60 ) CHANGE ORDER NO . THRU NO. AMOUNT , , $ FINAL CONTRACT AMOUNT $ 40 ,036 . 90 LESS PREVIOUS PAYMENTS $ 38 , 035 . 06 FINAL PAYMENT $ 2 , 001 . 84 I, hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the same has been fully completed in all respects according to the contract, together with any modifications approved by City Council . I, therefore, recommend above specified final payment be made to the above named Contractor, ,L:2-11=1;7L, Professional Engineer RESOLUTION NO. 3314 A Resolution Accepting Work On The 1990-10A Public Improvement Program 1990 Pavement Preservation Program - Sealcoat WHEREAS, pursuant to a written contract signed with the City of Shakopee on August 10, 1990, Astech Corp. , P.O. Box 1025, St. Cloud, MN 56302 has satisfactorily completed the 1990 Pavement Preservation Program - Sealcoat Project, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of $ 2, 001.84, taking the contractor' s receipt in full. 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: City Attorney