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HomeMy WebLinkAbout12/03/1991 MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: November 27, 1991 1. Attached is the December calendar of Upcoming Meetings. 2 . Attached are the unapproved minutes of the November 20, 1991 meeting of the Energy and Transportation Committee. 3 . Attached are the unapproved minutes of the November 20, 1991 meeting of the Community Development Commission. 4 . Attached is the December Business Update from City Hall. 5. Attached is a memorandum from the City Clerk regarding the November 6, 1991 City Council minutes. 6. Attached are the November 7, 1991 minutes of the Board of Adjustment & Appeals and Planning Commission meetings. 7. Attached is the Police Newsletter for Council review. 8 . We are now advertising for applicants for boards and commissions. If any Councilperson knows of anyone who they feel would be a good candidate, please encourage them to call for an application. We are encouraging current members who wish to be reappointed to submit an application before Christmas. People get very busy around the holidays and it is so easy to forget. You may wish to suggest the same to your acquaintances who may be interested too. 9. Attached are the unapproved minutes of the November 13 , 1991 meeting of the Downtown Committee. 10. Attached are the minutes of the Oct 16, 1991 meeting of the Scott County Economic Development Coalition. 11. At the November 5, 1991 HRA meeting, staff was directed to review the Rehab Grant Program Guidelines to exclude normal building maintenance items as eligible grant expenses. This issue will be reviewed by the Downtown Committee and Community Development Commission at their December meetings. A recommendation will be presented to the HRA at their January meeting. 1 December 1991 UPCOMING MEETINGS SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 7 4:30pm Public 7:00pm City 7:30pm Planning Utilities Council Commission Meeting 8 9 10 11 12 13 14 7:00pm Budget 7:45am Downtown Hearing - if Committee needed 15 16 1? 18 19 20 21 7:00pm City Council Meeting 22 23 24 25 26 2? 28 7:00pm Park & City Hall will Christmas-City Rec. Board close at Noon Hall Closed 29 30 31 November 1991 January 1992 SMT WTF S SMTWT F S 1 2 1 2 3 4 3 4 5 6 7 8 9 5 6 7 8 9 10 11 10 11 12 13 14 15 16 12 13 14 15 16 17 18 17 18 19 20 21 22 23 19 20 21 22 23 24 25 24 25 26 27 28 29 30 26 27 28 29 30 31 MINUTES OF THE SHAKOPEE ENERGY AND TRANSPORTATION COMMITTEE Regular Session November 20, 1991 Chairperson Drees called the meeting to order at 7: 00 p.m. with Commissioners Otto, Stolarcek, Case, Drees, Ward and Kelly present. Commissioners Roman, Mars and Reinke were absent. Barry Stock, Assistant City Administrator was also present. Stolarcek/Otto moved to approve the minutes of the October 16, 1991 meeting as kept. Motion carried unanimously. Mr. Stock stated that the Dial-A-Ride contract with National School Bus expires on April 15, 1992 . At the last Energy and Transportation Committee meeting, it was suggested to invite officials from National School Bus to our meeting to answer some questions regarding Dial-A-Ride service. Mr. Stock noted that Dennis Ridley, John Mathews and Joe Morley, representing National School Bus were in the audience to answer questions. Discussion ensued on dispatching problems that we are experiencing with Dial-A-Ride. Mr. John Mathews stated that National School Bus is in the process of putting in place a computerized dispatching program that will hopefully resolve some of the dispatching problems that we have been experiencing. Mr. Stock questioned an exact time frame for its implementation. Mr. Mathews stated that the computerized dispatching program would be in place by January. Mr. Stock questioned why the cost for service is going up from $19. 50 per hour to $22 . 12 per hour, especially since the City will not be receiving any new Dial-A-Ride vehicles. Mr. Morley stated that the present rate for service has been in place for three years with no increase. The cost for salaries and related administrative cost have increased over the past three years. In terms of the Dial-A-Ride vehicles, he noted that National has a six year depreciation schedule for most of its vehicles. Mr. Morley stated that Shakopee's vehicles still have relatively low miles in comparison to other Dial-A-Ride vehicles that they are operating within the metropolitan area. He did note that if a vehicle is in need of major maintenance that it can be retired prior to the six year amortization date. Mr. Stock questioned whether the proposed rate of $22 . 12 per hour would be fixed for a three year period, if a three year extension was granted. Mr. Morley responded in the affirmative. Discussion ensued regarding persons who might be dropped off at a wrong location. Mr. Stock questioned how this could occur. Mr. Ridley stated that generally problems such as this occur because a person calls after they have booked a regular appointment and requests a change at midday. Mr. Ridley stated that the new Minutes of the Page - 2 Energy and Transportation Committee November 20, 1991 computer system should help to resolve change of service requests problems. However, when changes are made at midstream it is generally more difficult to correct problems. There were no other questions for National School Bus. Mr. Morley stated that this past summer, Ms. Rhiger, one of Shakopee's Dial-A- Ride drivers came in first place at the Minnesota State Bus Rodeo in the Para Transit Division this past summer. Mr. Morley presented to Mr. Stock a jacket that he would like the City to present to Ms. Rhiger. Discussion ensued on the extension of the Dial-A-Ride contract. Ms. Stolarcek stated that she felt that if the rate of $22 . 12 per hour can be fixed for the duration of the contract extension that the contract should be extended for a 36 month period. Mr. Stock stated that he originally recommended a one year contract with a two year extension provision. However, in light of the fact that the $22 . 12 per hour rate would be fixed for three years, he also felt that a 36 month extension would be appropriate. Mr. Stock stated that the contract could also include a provision for a 90 or 120 day unilateral cancellation at the option of the City. This would allow the City of Shakopee to get out of the Dial-A-Ride contract for whatever reason deemed appropriate, in the event that a cheaper alternative for Dial-A-Ride service becomes available. Ward/Stolarcek moved to recommend to City Council that the Dial-A- Ride contract with National School Bus be extended for a 36 month period, at a rate of $22 . 12 per hour. Motion carried unanimously. Mr. Stock stated that the Vanpool contract with Vanpool Services Inc. expires on April 16, 1992 . The last contract extension provided in the contract was executed last year. Therefore, it would be appropriate for the Energy and Transportation Committee to recommend to City Council that the appropriate City officials be authorized to solicit Vanpool requests for proposals. Mr. Drees questioned how many Vanpool providers might submit proposals. Mr. Stock stated that he does not expect more than two or three proposals. Commissioner Stolarcek questioned whether or not we could acquire our own vehicles. Mr. Stock stated that the Regional Transit Board has not determined whether or not opt-out communities can use their opt-out funds for capital equipment purchases. Mr. Stock stated that he hoped to have this issue resolved by the Regional Transit Board sometime next year. The other issue of concern regarding the outright purchase of vehicles is the insurance factor. Mr. Stock stated that Shakopee' s transit system is relatively small and the cost for the insurance might be prohibitive. Mr. Stock stated that he has had discussions with the Southwest Metro Transit administrator and the Minnesota Valley Transit administrator regarding the acquisition of vehicles. They are also interested in acquiring vehicles. They also have the Minutes of the Page - 3 Energy and Transportation Committee November 20, 1991 financial means and fleet size to be able to obtain insurance at a reasonable rate. They have tentatively agreed to the concept of potentially leasing vehicles to the City of Shakopee for both Dial- A-Ride and Vanpool services. Mr. Stock stated that if this arrangement can be made, we should be able to see a reduction in our Dial-A-Ride and Vanpool costs. However, until such time that the capital funding issue can be resolved, it would be appropriate to maintain the status quo in terms of our Vanpool contracting arrangement. Ward/Stolarcek moved to recommend to City Council that the appropriate City officials be authorized to solicit request for proposals for Vanpool services for the City of Shakopee. Mr. Stock stated that the refuse/recycling request for proposal deadline was November 18, 1991. Mr. Stock stated that the City received six proposals for refuse/recycling collection service. Mr. Stock stated that the current refuse/recycling contract with Waste Management Inc. expires on February 15, 1992 . Mr. Stock stated that prior to receiving the request for proposals, he drafted an evaluation criteria checklist. The checklist was comprised of six different components that relate to the refuse/recycling program in Shakopee. Each component was weighted according to its significance. Mr. Stock noted that none of the refuse/recycling providers were aware of the evaluation criteria identified by staff. Upon receiving the proposals, Mr. Stock noted that he and the Public Works Director independently ranked each proposal based on the criteria identified in the ranking system. Since there were six proposals, the company with the best proposal in relation to each evaluation category was ranked on a scale on a scale from one to six, with one being the best proposal. Upon assigning a ranking to each of the evaluation criteria, the ranking was applied to the weighted score to determine the assigned liability point for each criteria. The assigned liability points were then added for each evaluation category for an overall composite liability score. The company with the lowest liability score, based on all the evaluation criteria, is the company with the most complete and comprehensive proposal for refuse/recycling services. Upon independently ranking each proposal, Mr. Hutton and Mr. Stock combined their ranking to establish an overall ranking of the proposals. In each case, Waste Management came out on top as the best overall proposal, followed by Knutson. Mr. Stock stated that the purpose of the request for proposal is to obtain a service level that best accommodates the needs of the residents and the City of Shakopee. Cost is not the main determining factor in selecting a provider. Mr. Stock stated that in reviewing the proposals, he felt it was important to obtain a service level that maintained the provision of refuse collection carts by the hauler. Discussion ensued on this issue. Ms. Case Minutes of the Page - 4 Energy and Transportation Committee November 20, 1991 stated that she felt the refuse carts were fantastic and should be maintained. Commissioner Ward concurred and stated that under the previous system, Shakopee residents had to obtain their own refuse containers and that they had to be replaced on a regular basis. She stated that the former system was also not very pleasing from an aesthetic stand point. Mr. Stock stated that the refuse containers also provided a consistent system that reduced the potential for rodents. Mr. Drees also stated that the current containers were aesthetically pleasing and generally kept garbage from blowing all over the neighborhoods. Commissioner Case questioned the extra container rate proposed by Waste Management. She stated that the cost for the second container should be equivalent to the cost of the first container. Mr. Stock stated that if this was the desire of the committee that the contract could be worded in such a fashion to provide a second container at a cost equal to the first container with the difference between Waste Management's rate and the City' s rate to be retained by the City of Shakopee. Commissioner Stolarcek concurred that the extra container rate should be comparable to the rate of the first container. Commissioner Kelly stated that Aagard's rate for service was approximately $1.50 per month less than Waste Managements. Mr. Stock stated that while Mr. Kelly was correct, Aagard' s proposal was weak in every other respect. Mr. Stock stated that the proposal was extremely vague. Additionally, Mr. Stock stated that two providers, Aagard and Randy's Sanitation did not submit the required financial security. Mr. Kelly questioned whether or not the proposal specifications clearly stated the need for a financial security to be submitted. Mr. Stock read that section of the request for proposals, requiring that a $25, 000 performance bond, letter of credit, cashiers check or some other form of financial security acceptable to the City of Shakopee be submitted with the proposals specifications. Mr. Kelly stated that since Aagard and Randy's Sanitation did not see fit to submit the required financial security that their proposals should be eliminated from consideration. Mr. Stock stated that the purpose of the financial security was to insure that the provider selected will follow through on their proposal and enter into a contract, if selected to perform the work. The financial security section of the proposal also stated that the security would be returned to all unsuccessful contractors within 15 days after the selection a contractor. Discussion ensued on the possibility of going to contracted billing. Mr. Stock stated that, at the present time, billing is handled through Shakopee Public Utilities. Mr. Stock stated that this has presented some problems in the past. However, he did not feel it was worth an extra $1. 00 per month to Shakopee residents to have the billing changed from its current system to contractor billing. Commissioner Ward questioned whether or not the City of Minutes of the Page - 5 Energy and Transportation Committee November 20, 1991 Shakopee is incurring cost as a result of handling the billing system. Mr. Stock stated that, yes the City is incurring cost but that it is being offset by the 150 per month administrative fee, tacked on to each resident's monthly bill. Mr. Stock also stated that the City retains approximately 150 for each refuse extra service coupon sold. Discussion ensued on moving toward a closed refuse collection system. Mr. Stock stated that, in his opinion, this request for proposal process verified once again the need to move towards a closed refuse collection system. He stated that he felt the refuse collection cost quoted by the providers were somewhat inflated, including Waste Management's, due to the fact that we cannot guarantee a certain number of customers. Mr. Stock stated that if Waste Management is not awarded the contract, the company that is awarded the contract has no guaranteed access to the customers presently served by Waste Management. Technically, the City of Shakopee has no means at this time to require that Waste Management remove all their refuse containers from Shakopee residents homes, currently under contract. This would place the contractor, who was awarded the bid, in a very difficult situation. Mr. Stock stated that under our current open system, the transition to another provider could be very difficult and confusing for Shakopee residents. Commissioner Ward stated that she also felt that, in order to have an effective refuse/recycling collection program that we need to go to a closed refuse collection program for at least the urban area. Mr. Stock stated that if we ever do move towards a closed refuse collection system, that he would propose to contract the City out in two service zones, urban and rural. Commissioner Stolarcek questioned why we did not proceed with a closed refuse collection program prior to the solicitation of bids. Commissioner Ward stated that it was discussed but that the City Attorney felt that the question of a taking might be raised by some of the existing refuse haulers. Commissioner Stolarcek questioned whether or not other communities within the metropolitan area had closed refuse collection programs. Mr. Stock responded in the affirmative. Commissioner Kelly suggested that the contract for refuse/recycling collection service include a unilateral 90 or 120 day cancellation provision. This would allow the City of Shakopee to get out of the refuse contract if indeed we move towards a closed refuse collection system in the future and feel that it might be beneficial to re-bid the urban service area prior to the completion of the three year extension. Mr. Kelly questioned whether or not the City will be licensing refusing collection haulers in 1992 . Mr. Stock responded in the affirmative. Mr. Stock stated that if the Energy and Transportation Committee wishes to address the closed refuse collection concept in 1992 that Minutes of the Page - 6 Energy and Transportation Committee November 20, 1991 it be discussed at their next meeting, when their work plan for 1992 is developed. Stolarcek/Otto moved to recommend to City Council that the appropriate City officials be authorized to execute a 3 year contract with a 3 year extension provision for refuse/recycling collection with Waste Management Inc. Motion carried with Commissioner Kelly opposed. Kelly/Case moved to recommend that the refuse/recycling contract include a 120 day unilateral cancellation provision at the option of the City. Motion carried unanimously. Mr. Stock stated that, in response to the 1990 Transit Audit Report that was completed by the Regional Transit Report, staff would like to propose several transit policy amendments at this time. Staff is proposing that the additional driver mileage - Policy No. 11 and the reimbursement for car pool cost policy - Policy No. 15 be amended, increasing the mileage reimbursement rate to 27 . 50. This figure corresponds with the IRS reimbursement rate. Ward/Stolarcek moved to recommend to City Council approval of the amendments to Vanpool Policy No. 11 and No. 15, increasing the mileage reimbursement rate to 27.50 per mile. Motion carried unanimously. Mr. Stock stated that he has received a number of complaints from parents of children who are age 5 and under who have been utilizing the Dial-A-Ride program. Mr. Stock stated that most of the complaints stem from the fact that on occasion, Dial-A-Ride dispatching errors are made and occasionally children are transported to the wrong destination point or not in a timely manner. Mr. Stock suggested that perhaps it would be appropriate for the Committee to consider a policy limiting the minimum ridership age for children who are not accompanied by a responsible adult. Mr. Stock stated that due to the increasing number of kidnapping cases lately and the trauma that a child would incur as a result of being dropped off at a wrong location, the City may be in an undesirable liability situation. Commissioner Ward stated that she felt there should be a policy setting a minimum Dial-A-Ride ridership age for kids not accompanied by a responsible adult. Commissioner Case and Stolarcek concurred. Mr. Drees stated that he felt that children who are age 5 are generally responsible enough to ride Dial-A-Ride. He questioned whether a cross the board sweeping policy for children 5 and under should be adopted. Mr. Drees suggested that perhaps we could gather input from daycare providers who are utilizing Dial-A-Ride service to get their input on the establishment of such a policy. Mr. Drees also questioned the number of children, age 5 and under, who are utilizing the Dial-A- Minutes of the Page - 7 Energy and Transportation Committee November 20, 1991 Ride service. He questioned whether or not we were talking about a few isolated cases. Commissioner Ward suggested that National School Bus officials be contacted to determine their company position on carrying children ages 5 and under who are unaccompanied by an adult. It was the consensus of the Committee that perhaps it would be appropriate to schedule a public hearing to solicit input from daycare providers and other parents who are utilizing the Dial-A-Ride service. Mr. Stock stated that he would place this item on the January agenda for further discussion, prior to the establishment of a formal public hearing date. Mr. Stock then reviewed the recycling and transit monthly reports. Mr. Stock stated that at the last meeting, the possibility of entering into a cost share arrangement with Minnesota Valley Transit for persons who are living outside the Shakopee City limits and utilizing our Vanpool program was discussed. Minnesota Valley Transit position is that they are not interested in a cost share arrangement since they are aware of several Shakopee persons who are utilizing the transit services offered in the Minnesota Valley Transit system. They feel that it would simply be better for everyone to simply adopt ridership reciprocity. Mr. Stock stated that the fall yard waste collection day went well, considering the fact that it was one week after the Halloween blizzard. Mr. Stock stated that the approximate cost for the disposal of the yard waste collected will be approximately $1, 000.00. Cost for advertising the program was approximately $700. 00. Originally $4,500. 00 was set aside for this program as part of the Scott County grant agreement. Mr. Stock stated that he is proposing to use the remaining funds to offset costs associated with the annual Christmas tree disposal program. Mr. Stock questioned if the Committee felt this was a reasonable approach. Mr. Kelly questioned whether or not the funds had to be expended in 1991. Mr. Stock stated that he thought the funds had to be expended in 1991. He stated that he would contact the county to determine if the agreement could be amended with the funds being carried over into 1992 . If the agreement cannot be amended, Mr. Stock suggested implementing the reduced cost Christmas tree disposal program as previously discussed. It was the consensus of the Committee to have staff contact the county to determine if the funds can be carried over into 1992 and whether or not they can be used to offset the cost of the Christmas tree disposal program. Stolarcek/Ward moved to adjourn the meeting at 8 : 55 p.m. Motion carried unanimously. 3 SHAKOPEE COMMUNITY DEVELOPMENT COMMISSION City Council Chambers November 20, 1991 Chairperson Mars called the meeting to order at 5: 35 p.m. with the following members present: Mike Beard, Jon Albinson, Bill Mars, Mike Pennington and Jane DuBois. Commissioners Brandmire and Miller were absent. Barry Stock, Assistant City Administrator was also present. Albinson/Beard moved to approve the minutes of the October 16, 1991 minutes as kept. Motion carried unanimously. Mr. Stock gave a brief economic development report. He noted that Heat-n-Glow is currently in the process of siting a new 150, 000 sq. ft. facility. Mr. Stock noted that he and Mr. Albinson met with Heat-n-Glow representatives to discuss the possibility of developing in Shakopee. Mr. Stock stated that Heat-n-Glow is presently considering a site in Burnsville that is within an existing tax increment district. Mr. Stock explained the tax increment implications for the Burnsville site as compared to a potential Shakopee site. Mr. Stock noted that Heat-n-Glow has over 200 employees and plans to double their facility in size within the next five years. Discussion ensued on the possibility of encouraging Heat-n-Glow to locate in Shakopee. Mr. Stock stated that with the significant tax increment difference between Burnsville and Shakopee, he was not very optimistic. Mr. Stock noted that he did request the mayor to contact Heat-n-Glow representatives to explain some of the positive factors that Heat- n-Glow would experience if they located in Shakopee. Discussion ensued on the CDC One and Five Year Work Plan. Mr. Stock stated that the Downtown Committee has been discussing the possibility of disbanding. The Downtown Committee members recognize that they are a subcommittee of the Community Development Commission and that they could be recreated as a subcommittee at a later date if their input is needed for a particular project as it relates to the downtown area. Several of the Downtown Committee members have also indicated interest in serving on the CDC. Commissioner DuBois stated that she felt the CDC should be comprised of different representatives from different sections of the community. She has questioned in the past how business owners in the Shakopee Valley Mall or on the east side feel about a special committee that was created for the downtown area. Mr. Albinson stated that Shakopee is somewhat unique in the metropolitan area in that we have a downtown. He did not see the Downtown Committee as a special interest committee but that there was a need to preserve and enhance Shakopee's downtown. Commissioner Beard stated that he felt that it was somewhat awkward having the Downtown Committee making recommendations to the CDC and then discussing them at the CDC level for a recommendation to City Council. He also noted that it was time consuming for staff to be Minutes of the Page - 2 Community Development Commission November 20, 1991 staffing two committees when one committee might be able to handle to business at this time. He also noted that if the Downtown Committee disbands at this time that the CDC could always recreate a subcommittee to look at a special issue as it relates to the downtown area. Mr. Albinson concurred. He noted that the CDC has been fairly successful with several other subcommittees that have been created over the past two years. He stated that subcommittees should be developed for a specific issue and that their existence should be time certain. Mr. Stock noted that the Downtown Committee will be discussing this issue in greater detail at their next meeting. Mr. Stock stated that the Downtown Committee is presently reviewing informal proposals regarding a conceptual image study of the downtown area. The purpose of the study would be to visually display the impact of the mini bypass on the existing downtown area. The Downtown Committee believes that such a study would be useful in stimulating discussion on the possible redevelopment of property on the north side of 1st Ave. Mr. Stock stated that the approximate cost for such a study would be $5, 000. Mr. Beard stated that he felt such a study should be included in the CDC' s One Year Work Plan. He concurred that many residents cannot visualize the aesthetic impact of the bridge on the downtown area. Discussion then ensued on the possible development options for the north side of 1st Ave. Commissioner Beard questioned whether or not any study has ever been completed on the possibility of locating a community center or some aspect that might normally be included in a community center in the downtown area. He also questioned whether or not a riverfront development plan has ever been discussed. Mr. Stock stated that several years ago the Downtown Committee did discuss the possibility of pursuing a downtown riverfront plan. However, the Committee recognized that a consultant would have to be hired to assist in the project development. Because of the cost factor involved, the issue was never pursued. In terms of a community center, the Downtown Committee has discussed the possibility of utilizing Huber Park or the Library area for some type of community building that would serve to attract residents to the downtown area. Mr. Stock noted that perhaps, after the Municipal Facility Committee completes its survey to identify residents' needs, that some of the needs identified could be best served in a facility in the downtown area and some in a larger complex south of the Sr. High School. Mr. Albinson stated that he felt the concept of a riverfront development plan should be included in the Five Year Work Plan. Discussion ensued on the property within the Metropolitan Urban Service Area and vacant property within the Industrial Park. Mr. Mars stated that the Planning Commission has developed a One and Five Year Work Plan that addresses MUSA line expansion issues. Minutes of the Page - 3 Community Development Commission November 20, 1991 Mr. Mars suggested that the brainstorming session for goals and objectives be continued at the December meeting. Mr. Stock stated that the Scott County Economic Development Coalition is working on the possible development of a Scott County profile. The Coalition has found a company that will produce and publish an economic development profile free of charge. Mr. Stock stated that the profile would be a professionally produced, high quality magazine. The company would provide said service to the Coalition free of charge. The company makes money off the project through the ads that are sold in the publication. Mr. Stock noted that the Coalition also has been successful in having its first SBA loan approved. Mr. Stock stated that the total project cost was $240, 000. The SBA financed amount was $100, 000. The project generated approximately five new jobs within the City of Savage. Albinson/Pennington moved to adjourn the meeting at 6: 50 p.m. Motion carried unanimously. -1- 1-/ BUSINESS UPDATE FROM CITY HALL Vol. 5 No. 12 Dear Chamber Member: December 1, 1991 City Clerk City Council also requested the Mayor to On November 6th, the City Council appoint a committee to investigate survey accepted donations from the Jaycees for method alternatives to determine Tahpah Park and from the Eagles for the community facility needs and respondents recreation department, Derby Days, and willingness to pay. Over the next several Shakopee Community Access. months, City staff will also be evaluating different funding options that might exist for On November 6th, City Council canvassed land acquisition and/or facility the returns from the municipal election. development. The proposition to reduce the Council from six to five members was approved. The City of Shakopee is currently in the Gary Laurent was re-elected as Mayor and process of reviewing proposals for Michael Beard and Joan Lynch were Dial-A-Ride service within the City of elected to the City Council. Shakopee and refuse/recycling collection services. Staff is optimistic that the Energy On November 6th, City Council and Transportation Committee will be announced that they are now accepting forwarding a recommendation to City applications for appointments to the Council for their review and consideration in various city boards and commissions, to regard to these two programs on December fill expiring terms. Applications can be 3, 1991. obtained at city hall or by calling 445-3650. Finance CCiniunit3' The City Council will hold its budget hearing Ceveicutment on TLesday November 26th at 7 P.M. in the City Hail. The proposed tax levy has On November 6, 1991 the Shakopee City increased 3.5% over the 1991 levy. The City Council directed the appropriate City Council has also scheduled a second officials to begin negotiations for the hearing on December 10th, which will be acquisition of 57 acres of property south held only if necessary. of the Shakopee Senior High School. The property in question is part of a 160 acre .� ��;� ..- .k parcel presently within a moratorium area. �: •.; .,.::::z. 'z At the same meeting, the Shakopee Cit ,�_ 1.- .1?-..:.:,z'-' Council directed staff to continue in \Y )'i•'- .P4',1,/"..Y. . moratorium, 78 acres of property located , .,,try. -- .N,Va 'e, 'wi" y north of the intersection of the Upper < : Enftineerinft\public Works Recreation Department's annual playground carnival held last summer at Holmes Park. Shakopee is very fortunate Needless to say, the main topic of interest to have a business community that is the Halloween Megastorm. The Public supports its community youth programs as Works Department did not experience the well as they do. same level of problems other communities did because our equipment was quickly planning outfitted for a major storm and we hit the streets sooner than other cities. The snow plow drivers put in 12-16 hour days for 3 On Thursday, November 7, 1991, the days straight to try and keep ahead of the Shakopee Planning Commission approved storm and we are still cleaning up from the a Conditional Use Permit to operate a pet effects of the storm. We would like to grooming operation from a residence. The thank the citizens of Shakopee and public hearing for J.L. Shiely Company's business community for bearing with us application for a Conditional Use Permit to during this storm and clean-up. In hearing mine the west portion of their property was some of the horror stories from other continued until their Environmental communities, our Public Works Assessment Worksheet is completed. Department did an outstanding job trying to keep the city streets open and drivable An application from Larry and Don Link to during this storm. rezone 3.54 acres from RTD (Racetrack District) to I-I (Light Industrial) was Because of the storm, the construction on • continued until the January Planning the 2nd Avenue Project has stopped and Commission meeting. However, the will not resume until next year. Commission requested that Staff include a study of the RTD and mandatory Planned The Engineering Department is currently Unit Development provisions in their 1992 working on feasibility reports for work program. The Commissioners also constructing Vierling Drive, between C.R. requested that Staff conduct a study of 17 and Cr.R. 79 and for upgarding the regulations regarding outside storage Muhlenhardt Road. in the RTD district. Forks and Recreation The terms of Eugene Allen and Nancy Christensen on the Planning Commission The Fraternal Order of Eagles in Shakopee will expire on January 31, 1991. The election recently donated $2000 to the Parks and of Joan Lynch to the City Council will Recreation Department. The money will cause an additional vacancy on the be used to help defrey busing cost for Commission. Individuals interested in youth and family trips. Earlier this being considered for appointment to the summer, the Inland Container Corporation Planning Commission should complete an contributed $500 to purchase team t-shirts "Application for Council Board and/or for the t-ball program. Also, over thirty Commissions" form, available at City Hall. local businesses donated prizes to the MEMO TO: Mayor & City Council FROM: Judith S. Cox, City ClerkC't RE: Minutes of November 6, 1991 DATE: November 20, 1991 At the City Council meeting on November 19th there was discussion on the accuracy of a motion within the minutes of November 6th dealing with approving an appraisal for land within the moratorium area. The minutes of November 6th were approved as printed and staff was asked to listen to the tape and advise Council whether or not the motion was correct. I have listened to the tape and the main motion did authorize an appraisal of 57 acres not 78 acres. The discussion then addressed the roadway within the moratorium area and whether or not 57 acres was an accurate number. The motion was then amended to read obtaining an appraisal for approximately 57 acres. Although the main motion should have stated 57 acres instead of 78 acres, the amendment does reflect council 's final desire since it states approximately 57 acres. Since the minutes were approved as printed, no changes are appropriate at this time. I have talked to the recording secretary about the error. We apologize for the error and we will be more careful in the future. PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS SHAKOPEE, MINNESOTA Regular Session November 7, 1991 MEMBERS PRESENT: Joos, Lynch, Spurrier, Christensen, Kahleck, Mars MEMBERS ABSENT : Allen STAFF PRESENT Lindberg Ekola, City Planner Terrie Sandbeck, Assistant Planner Jane VanMaldeghem, Recording Secretary I. ROLL CALL Chrmn. Joos called the Board of Adjustments and Appeals to order at 7 : 30 p.m. Roll call was taken as noted above. II. APPROVAL OF AGENDA The agenda was approved as presented. III. APPROVAL OF OCTOBER 3 , 1991 MEETING MINUTES The minutes were approved as presented. Pi . RECOGNITION OF INTERESTED CITIZENS Chrmn. Joos recognized anyone present in the audience wishing to speak on any item not on the agenda. There was no response. V. PUBLIC HEARING - RAHR MALTING VARIANCE Chrmn. Joos opened the public hearing to consider an application for a variance to the required outside building materials and a variance to the front yard setback. The Assistant Planner stated that due to the phasing of their projects, Rahr Malting does not anticipate the need for this variance until a later date. She added that their application fee is in the process of being refunded. The public hearing was closed. Minutes of the Page - 2 Board of Adjustment and Appeals November 7, 1991 Motion: Christensen/Spurrier moved to receive and file the letter (in the form of a fax transmittal) from Rahr Malting Company, dated November 6, 1991, requesting withdrawal of their application for variances on setback and building materials as related to the proposed malt elevator renovations. Vote: Motion carried unanimously. VI. OTHER BUSINESS There was no other business VII. ADJOURNMENT The meeting of the Board of Adjustments and Appeals adjourned at 7:35 p.m. PROCEEDINGS OF THE PLANNING COMMISSION SHAKOPEE, MINNESOTA Regular Session November 7, 1991 MEMBERS PRESENT: Joos, Lynch, Mars, Spurrier, Christensen, Kahleck MEMBERS ABSENT : Allen STAFF PRESENT Lindberg Ekola, City Planner Terrie Sandbeck, Assistant Planner Jane VanMaldeghem, Recording Secretary I. ROLL CALL Chrmn. Kahleck called the meeting of the Shakopee Planning Commission to order at 7:35 p.m. Roll call was taken as noted above. II . APPROVAL OF THE AGENDA The agenda was approved as presented. III . APPROVAL OF MEETING MINUTES Motion: Mars/Lynch moved to approve the meeting minutes of October 3 , 1991, and October 17, 1991, as presented. Vote: Motion carried unanimously. Motion: Lynch/Christensen moved to approve the meeting minutes of October 30, 1991, as presented. Vote: Motion carried with Comm. Spurrier and Mars abstaining due to their absence from the October 30, 1991, meeting of the Planning Commission. IV. RECOGNITION OF INTERESTED CITIZENS Chrmn. Kahleck recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. Minutes of the Page - 2 Shakopee Planning Commission November 7 , 1991 V. PUBLIC HEARING: CONDITIONAL USE PERMIT FOR PET GROOMING - SNYDER Chrmn. Kahleck opened the public hearing to consider an application for a conditional use permit to operate a pet grooming business at 638 East Third Avenue. The Assistant Planner stated that the applicant, Deborah Rose Snyder, is requesting a conditional use permit to operate a dog grooming business from her residence. Comm. Christensen questioned the allowance of a home occupation sign in a residential district. The City Planner responded these signs are allowed for a minimum square footage for identification purposes, but must meet setback requirements. Comm. Christensen suggested that home occupation signage be reviewed by the Planning Commission at the time of conditional use permit reviewals. Comm. Spurrier voiced his concern with barking dogs and stated that if dogs are left outside, this could be a nuisance for the neighbors. Deborah Snyder was present for discussion and stated that the dogs would not be left unattended when outside. She added that she keeps cards on all the dogs she has for grooming. These cards give a short profile of the pet ' s personality and temperament relative to barking and runaways. Comm. Mars questioned if the applicant had discussed her conditional use permit proposal with her neighbors. She responded she had, and there are no objections. Chrmn. Kahleck asked for comments from the audience. There was no response. The public hearing was closed. Motion: Lynch/Spurrier offered Conditional Use Permit Resolution No. 626, allowing for a home occupation to operate a pet grooming operation, and moved for its adoption subject to the following conditions: 1. The pet grooming operation shall be conducted in accordance with the plans submitted with the conditional use permit application. 2 . Overnight boarding of pets shall not be permitted on the premises and all pets (other than those owned by thn Minutes of the Page - 3 Shakopee Planning Commission November 7, 1991 applicant) shall be on leashes and accompanied by the homeowner when outside. 3 . Signs will be limited to that allowed by the ordinance. 4 . A review of the home occupation by City staff in one year or if complaints arise. 5. In the event that the applicant violates any of the conditions set forth in this permit, the City Council shall have the authority to revoke the conditional use permit. Vote: Motion carried unanimously VI. PUBLIC HEARING: CONDITIONAL USE PERMIT FOR MINING - J. L. SHIELY COMPANY Chrmn. Kahleck continued the public hearing to consider an application to amend the conditional use permit for mining, which would allow the applicants to expand excavations to the west side of their property at 6896 Highway 101. The City Planner stated that the Planning Commission had continued this public hearing from its October 3 , 1991, meeting to allow for further testimony from property owners and time for the applicant to prepare an Environmental Assessment Worksheet (EAW) . The City Planner added that J. L. Shiely is not opposed to the preparation of the EAW. The City Planner commented that currently the City is the resporsibie gcvcrr:ing reviewing unit for mining permit..; . However, if certain changes are made by the state of Minnesota, the City may ultimately be the commentary unit with the Department of Natural Resources (DNR) being the responsible reviewing unit. Motion: Joos/Christensen moved to receive and file the letter from Jon R. Albinson, Project Director for Valley Green Business Park, dated November 5, 1991, stating the agreement by J. L. Shiely to prepare the Environmental Assessment Worksheet. Vote: Motion carried unanimously. Motion: Joos/Lynch moved to continue the public hearing until the Environmental Assessment Worksheet is completed. Vote: Motion carried unanimously. Minutes of the Page - 4 Shakopee Planning Commission November 7, 1991 VII. PUBLIC HEARING: REZONING - LARRY & DON LINK Chrmn. Kahleck continued the public hearing to consider an application for rezoning of a parcel on County Road 83 from Racetrack (RTD) to Light Industrial (I-1) . The City Planner stated that at the request of the applicants, this public hearing had been continued from October 3, 1991, to allow the applicants an opportunity to amend their application to include the properties to the south and west of the subject site, which is described as the east 469 feet of Lot 1, Block 1, Barringers 1st Addition. The City Planner added that the adjacent property owners have indicated no desire be included in this rezoning request. The applicants are now requesting the Planning Commission to review their original rezoning request. The City Planner reported that the applicants are proposing to rezone 3 . 54 acres of their parcel from RTD to I-i to serve as a transition between more intense industrial sites and other land uses. The City Planner added that the applicants are considering developing their lot with a construction company office and warehouse, which is permitted in the RTD, but they have also expressed anticipated problems with the conditions restricting outdoor storage. The City Planner added that this site is located near the primary entrance to Canterbury Downs, and has one of the best potentials for the development of uses accessory to the racetrack. The area cf the lot proposed for rezoning from RTD to I-1 does not follow the lot lines of the platted lot. Of the 662 . 24 feet of depth to the _et, only 466 . 69 of this depth has been included in the rezoning request. The City Planner stated staff is recommending denial for the following reasons: 1. It is contrary to the Racetrack District Land Use Study approved by the City Council in 1986 and the draft Comprehensive Plan. 2 . Rezoning is being requested for a small parcel (3 .54 acres) and piecemeal development could occur. 3 . The types of permitted and conditional uses in the I-1 district are not compatible with those in the RTD. 4. The parcel is located near the entrance to the racetrack. Minutes of the Page - 5 Shakopee Planning Commission November 7, 1991 The City Planner stated that some of the alternatives being recommended to the Planning Commission are: 1) Denial of the request; 2) Request that staff include a study of the RTD and mandatory PUD provisions as an objective in the 1992 work program; and 3) Request that staff conduct a study of Section 11. 36, Subd. 4, Item D (outdoor storage) . Barry Myer, attorney for the applicants, was present for discussion. Mr. Myer questioned the timetable of the studies. The City Planner responded that a timetable for the study of outside storage could occur in December. Mr. Myers asked if the rezoning request could be tabled until action had been taken on the study for outside storage. The City Planner stated this could be done but it would require an extension of the rezoning application timetable. Mr. Myers requested that the public hearing on the rezoning request be continued pending results of the study on outside storage. The City Planner stated that this could be possible, but the applicant must submit a request in writing for rezoning application extension, as dictated in the City Code. Tom Lelac, a marketing consultant, stated he had become involved with this parcel in early 1990, and has done considerable research on the marketability of this parcel . He added that all potential buyers he had approached had uses not compatible in the RTD. Mr. Lelac stated that the bank appraisal was $105, 000 for parcels in this area, but he could find no buyer willing to pay more than $30, 000 due to the zoning restrictions. Chrmn. Kahleck asked fir further cc^ments from the audience. There were none. Motion: Lynch/Christensen moved to continue the public hearing to the first meeting of the Planning Commission in January 1992 . Vote: Motion carried unanimously Motion: Christensen/Lynch moved to request City staff to include a study of the RTD and mandatory PUD provisions as an objective to the 1992 work program. Vote: Motion carried unanimously. The City Planner stated that when the 1992 work program is discussed, this study can be moved up on the list of priorities. Minutes of the Page - 6 Shakopee Planning Commission November 7, 1991 Motion: Lynch/Mars moved to request City staff to conduct a study of Section 11. 36, Subd. 4 , "Performance Standards" , Item D, "Outside Storage" . Vote: Motion carried unanimously. Comm. Joos suggested that as long as staff is doing the study on outside storage, all property owners in non-compliance with the City Code should be notified that this study is underway and all properties are to be in code compliance. VII. DISCUSSION: REZONING - 5TH AVENUE AND MARKET The City Planner stated there are a variety of land uses that should be discussed for this area. He added that some proposals are forthcoming, and if these land uses were resolved prior to these proposals, it may resolve many difficulties ahead of time. He suggested the Planning Commission consider rezoning this area to R-3 . Motion: Joos/Spurrier moved to set a public hearing for December 5, 1991, to consider the rezoning of the Market Street/5th Avenue area. Vote: Motion carried unanimously. IX. DISCUSSION: PLANNING COMMISSION 1992 CALENDAR Motion: Christensen/Spurrier moved to approve the 1992 meeting schedule for the Planning Commission and Board of Adjustments and Appeals. Vote: Motion carried unanimously. X. DISCUSSION: OTHER BUSINESS - ZONING ENFORCEMENT (4-PLEX PARKING) The Assistant Planner stated that the Planning Commission, at various times, had expressed concern over the lack of off- street parking to tenants living in the 4-plex at 1211-1217 Taylor Street. The parking requirements for these residences have now been met, and the parking stall areas are in compliance with the zoning ordinance. Comm. Spurrier stated there are no standards set for these 4- plex off-street parking and expressed his appreciation for the efforts made in this area. He added that the Mall does not Minutes of the Page - 7 Shakopee Planning Commission November 7, 1991 seem to care about the back of their area and has numerous non-compliances. He expressed the importance of code enforcement and the need to have someone enforce the code. Comm. Christensen stated that the City must get creative in how to enforce the codes because funds will not be there for additional personnel to assume this responsibility. INTERIM ORDINANCE UPDATE The City Planner gave the update and status on the interim ordinance. PRE-APPLICATION MEETINGS The Assistant Planner stated that staff has scheduled a series of monthly pre-application development review meetings. The purpose of these meetings is to introduce projects to staff, provide the appropriate code information to the public and to developers, and to determine possible conflict areas in their proposals. She added that, as a general rule, the pre- application meetings are scheduled for the first Wednesday of every month at 1:30 p.m. , and flyers have been prepared for the public notifying them of this service. PLANNING COMMISSION APPOINTMENTS The City Planner stated that the Planning Commission terms of Eugene Allen and Nancy Christensen will expire January 31, 1992 . He added that with the recent election of Joan Lynch to the City Council, her position will be vacated. Nancy Christensen expressed her desire to continue serving as a Commissioner and her intent to re-apply. OTHER BUSINESS Code enforcement will be discussed at the December meeting. The Planning Commissioners expressed comments relative to informing the citizens of ways to address non-compliance issues in their areas. XI. ADJOURNMENT The meeting of the Planning Commission adjourned at 9: 00 p.m. 7 } City of Shakopee � "' = , POLICE DEPARTMENT s' 476 South Gorman Street :y' i '� r" SHAKOPEE, MINNESOTA 55379 '11 .�J 1 ' ' Tel. 612/445-6666 , , yY Fax 612/445-2313 = t' j 1 The Police Report An inside look at police activity. November 26, 1991 We are 555 calls ahead of 1989 . We are 64 calls behind 1990. Jaycee' s Host DWI Information Detectives Receive Training From Medical Examiner' s Office Officer Barney Clark was invited to speak to the Jaycees On November 21 Detectives on November 21 regarding DWI Lawrence and Nosbusch attended procedures and laws. This the first of a fifteen part _ included a question and answer training session offered by Dr. session as well as having a John Plunkett of the medical preliminary breath test device examiners office. The first on hand and allowing Jaycee session dealt with postmortem members to experience a "PBT" changes. test. Personal Notes! Training Program Enhanced John Flynn has completed 13 years with the department. In an effort to improve the •He is our Range Officer and the current police training plan Commander of SIRT. and also to maintain compliance with mandated training Gary Nosbusch will celebrate requirements Sgt. Ray Erlandsen his birthday on November 30. has been developing new ideas and updating our program. Two Charged With Hunting In No Hunting Zone With this in mind he and other members of the department met On November 18 police received with Peggy Strand of the a report of two men hunting on Minnesota Board of Peace FMG property which is a no Officer Standards and Training hunting zone. Officer Tucci to review our program and to and Sgt. Erlandsen_ responded receive suggestions for and ultimately charged a 43 improvement. year old Jordan man and a 23 year old Shakopee man for hunting in a no hunting zone, city ordinance 10. 20 . 10cSEtvE go Jam-.toted Thank You for Assistance MIDAS Muffler Suffers Burglary On November 2 , in the aftermath On November 23 the Midas of the "Halloween Blizzard" Muffler store was burglarized. Officers Tucci and Doyle were Their loss included cash and called to assist Mrs. Louis possibly tools, no suspects at Schmit who was having this time. difficulty breathing. A thank you note follows. Two Hit and Run Suspects Located and Charged On November 23 Officer Forberg was called to the K-Mart Store iparking lot on the report of a 3 hit and run accident involving • a parked car. A witness was able to record the license plate number of the suspect vehicle and through investigation a 41 year old 24Y1/t) female was identified as the driver. This Belle Plaine resident been charged with hit and run. On November 23 Officer Clark received a report of a hit and run accident which occurred at the intersection of 1st and Dakota. The reporting party ___ " stated another vehicle struck her and then left the scene but Pale-e e , - not before the complainant was able to record the suspects i 1_,_ - 1 ...4..-.<.,,k_. ---ck license plate. A 32 year old male from Burnsville was � t•( •113 dd d-cita identified and charged with leaving the scene of a property 76e-1 1 air. -Lj=F _ damage accident and driving after cancellation. _.`, `rt'�-h�`-r cr.-.-Acr.-.-A-ccr.-.-A-cal /'<-_ Resident Cited For Barking Dog �U-41_2,4-1 On November 24 a resident on Eastview Circle was cited for : h- 'z �-u - allowing a dog to bark. This CI was the fourth barking dog .40, . r, incident at this residence since September. /a�cr E `' eeu a �/O C1 MINUTES OF THE DOWNTOWN AD HOC COMMITTEE City Council Chambers November 13, 1991 Chairperson Keen called the meeting to order at 7: 50 a.m. with Commissioners D. Wermerskirchen, B. Wermerskirchen, VanHorn, Phillips and Kahleck present. Commissioner Fonder was absent. Barry Stock, Assistant City Administrator was also present. Chairperson Keen requested that a discussion of the Committee's mission be added to the agenda under "Other Business" . B. Wermerskirchen/VanHorn moved to approve the minutes of the October 9, 1991 meeting as kept. Motion carried unanimously. Mr. Stock noted that on October 9, 1991 the Downtown Committee requested staff to research possible alternatives that could be utilized to complete a conceptual image study of the mini bypass project on the downtown area. Mr. Stock stated that it was the consensus of the Committee that many Shakopee residents are having a hard time visualizing the aesthetic impact of the bypass on the downtown area. The Committee felt that a graphic conceptual image study might stimulate discussion on the possible redevelopment potential of the buildings on the North side of 1st Ave. Mr. Stock stated that he has been in contact with several engineering firms who have expressed interest in putting together a proposal for a conceptual image study. Mr. Stock shared with the Committee a preliminary proposal that was submitted by Westwood Planning and Engineering. Mr. Stock stated that Westwood' s proposal would include the development of several cross- sectional/line of site studies and plan view analysis. This would include major views from different angles, comparing the new mini bypass and bridge project on the existing development in downtown Shakopee. Westwood would also conduct several massing studies of the existing property North of 1st Ave. to evaluate redevelopment options that might be considered by City Council. The preliminary cost estimate for all the services submitted in Westwood's proposal would be approximately $5, 800. Commissioner VanHorn questioned what the parking lot study included as part of Westwood' s proposal for $1, 500. Mr. Stock stated that he did not feel that this component submitted in Westwood' s proposal would need to be evaluated. Commissioner VanHorn concurred and stated that we have recently completed our own parking lot study. This would reduce the cost of Westwood' s proposal by $1, 500. Minutes of the Page - 2 Downtown Ad Hoc Committee November 13, 1991 Mr. B. Wermerskirchen questioned whether or not Westwood's proposal included the block just east of the City Hall block. Mr. Stock responded in the negative. Westwood's current proposal only includes the City Hall block. Mr. Stock stated that if the Committee was interested in receiving additional proposals such as the one submitted by Westwood, that he would contact several other engineering firms as well as Westwood Planning and Engineering, so that their proposal could be amended accordingly. Discussion ensued on a time table for reviewing any proposals that might be submitted. Mr. Stock stated that by the December meeting, he would have several informal proposals for the Downtown Committee to discuss. Mr. Stock noted that the Downtown Committee could then forward a recommendation to the Community Development Commission for their review and consideration. Mr. Stock stated that he felt that if the Community Development Commission concurred with the Downtown Committee's recommendation, that it could probably be forwarded to City Council in January for their consideration. Mr. D. Wermerskirchen stated that he felt a conceptual image study was crucial. He stated that there is generally much confusion among the downtown business owners and residents in general as to what buildings are going to be taken and where the bypass is going to go. D. Wermerskirchen stated that he felt any study should include both blocks North of 1st Ave. Commissioner Keen stated that it would be beneficial if some drawings could be completed by next spring so that they could be displayed at the Shakopee Showcase. Mr. Stock stated that if City Council responds favorably to this idea that he was sure the study could be completed prior to next year's Showcase. Discussion ensued on the alley that will be located behind the City Hall block and the adjacent block. Mr. B. Wermerskirchen stated that this alley could serve as a rear entrance to the properties that face the southerly bypass. He noted that the parcels located between 1st Ave. and the bypass would benefit from two separate entrances that could be utilized by shoppers. It was the consensus of the Committee to have staff solicit additional informal proposals on a possible conceptual image study for the property located North of 1st Ave. Discussion ensued on a list of potential businesses who are interested in leasing space in the downtown area. Mr. Stock stated that he wanted the Downtown Committee to be aware that there are businesses who are interested in leasing space in the downtown area. He stated that if a number of firm prospects can be identified, it would certainly enhance our ability to attract a developer into the downtown area. Minutes of the Page - 3 Downtown Ad Hoc Committee November 13, 1991 Discussion ensued on the difficulty of obtaining financing for commercial/retail projects. Mr. Stock noted that he has heard that banks require a large down payment for commercial/retail projects and expect a high percentage of the facility to have signed long term lease agreements. Mr. Phillips concurred with Mr. Stock's statement and noted that financing for commercial/retail projects is very difficulty to obtain at this time. Mr. Phillips stated that this type of lending is not the type that commercial banks get involved with on a regular basis. Mr. Phillips stated that savings and loans and/or insurance companies underwrite loans for commercial/retail projects. He noted that generally it depends on the amount of dollars involved. Mr. D. Wermerskirchen stated that generally speaking, then it is easier to finance rehabilitation projects as opposed to new construction. Mr. Phillips responded in the affirmative. Mr. D. Wermerskirchen questioned whether or not Marquette Bank could be of any assistance in determining whether or not a project might be more appropriate in downtown Shakopee as a new construction project or if a redevelopment project might be more appropriate in terms of financing. Mr. Phillips stated that this would be somewhat difficult to do without knowing the specifics of a particular proposal. He stated there are many variables involved in determining the risk. Mr. Phillips said he could have a general discussion on the possibilities with representatives at Marquette Bank to give us a better understanding of some of the issues involved, but that there are no clear cut/easy answers. Mr. D. Wermerskirchen stated that he felt this type of information is worth discussing since many persons feel that the entire North side of 1st Ave. should be demolished. Before the City discusses complete demolition, we better make sure that a developer is on line for constructing a new project. Mr. D. Wermerskirchen stated that the property North of 1st Ave. is presently generating tax revenue. If the property is demolished and no developer is on line, a significant amount of tax revenue would be lost. Mr. D. Wermerskirchen stated that if rehabilitation is more financially feasible, he questioned whether or not the rehab grant program guidelines, establishing the City' s match, could be amended to have an increase percentage match applied for the properties North of 1st Ave. within the mini bypass area. Mr. Stock stated that this would be a policy question for the Shakopee Housing and Redevelopment Authority to decide. Chairperson Keen suggested that the Committee discuss their long term objectives and need for existence. Chairperson Keen stated that at the present time the Downtown Committee is a subcommittee of the Community Development Commission. She questioned whether or not there was a need for continuing the Downtown Committee at this time. She questioned whether or not the interest of the Downtown Minutes of the Page - 4 Downtown Ad Hoc Committee November 13, 1991 Committee could continue to be served by the Community Development Commission, rather than having a separate Downtown Committee. Mr. B. Wermerskirchen stated that he felt somewhat the same frustration that Ms. Keen was experiencing but that he sees quite a few things happening where the Downtown Committee's input will be important. Commissioner Kahleck stated that several years ago the Downtown Committee made recommendations directly to City Council. The present system provides that the Downtown Committee' s recommendations must be submitted to the Community Development Commission prior to consideration before City Council. She stated that she felt this was simply a duplication of staff' s effort and the time volunteered by the Downtown Committee members. She stated that she would like the City Council to officially recognize the Downtown Committee as a separate independent advisory board, or have the Downtown Committee consolidated into the Community Development Commission. Commissioner Keen questioned if the Downtown Business Coalition could somehow replace the Downtown Committee. Mr. D. Wermerskirchen stated that the purpose of the Downtown Coalition was more in the area of marketing than in the area of politics. Mr. B. Wermerskirchen stated that he doubted whether or not the Downtown Business Coalition could agree to mutually support a particular issue as it relates to the downtown. He stated that the interests are just too varied among the downtown business owners. Discussion ensued on the current process for making recommendations to City Council. Mr. Stock stated that generally the Community Development Commission has been very supportive of the recommendations made by the Downtown Committee. He stated that given the current time schedule as it relates to the downtown area, that the interest of the Downtown Committee could probably be handled by the Community Development Commission. Mr. Stock stated that if the Downtown Committee were abandoned at this time, that it could always be recreated as a subcommittee of the Community Development Commission for a particular project or interest. Discussion ensued on the possibility of approaching City Council to have the Downtown Committee created as a independent advisory board. Discussion ensued on eliminating the Downtown Committee and having their objectives covered by the Community Development Commission. It was the consensus of the Committee to have staff develop a list of pros and cons in regard to requesting City Council to create the Minutes of the Page - 5 Downtown Ad Hoc Committee November 13, 1991 Downtown Committee as an independent advisory board versus eliminating the Downtown Committee and combining their work tasks with the Community Development Commission versus maintaining the established quo. VanHorn/Phillips moved to adjourn the meeting at 8: 50 a.m. Motion carried unanimously. * l0 SCOTT COUNTY ECONOMIC DEVELOPMENT COALITION MEETING MINUTES OCTOBER 16, 1991 Members in Attendance: Barry Stock, Colleen Jones, Randy Kruger, John Heald, Ken Anderson, John Albinson, and Kay Schmudlach Others Present: Nat Wisser The sixth meeting of the SCEDC was called to order at 8:00 a.m. on October 16, 1991 in the Prior Lake City Hall Community Room. I. Approve Minutes of the September 18, 1991 SCEDC Meeting MOTION BY JOHN ALBINSON, SECONDED BY COLLEEN JONES, TO APPROVE THE SEPTEMBER 18, 1991 MEETING MINUTES. THE MOTION PASSED UNANIMOUSLY. II. Treasurer's Report Kay reported that the checking account balance is now $7 ,431.25. There is an outstanding check of $2,500 to the Twin Cities Metro Certified Development Company which has not been received through the bank yet. III. Appointment of Additional Offices There are no additional appointments to be made at this time. IV. Discuss Membership with Twin Cities Metro Development Company Barry Stock lead a discussion of the amendments to the Joint Powers Agreement and the committee briefly discussed these amendments. MOTION BY COLLEEN JONES, SECONDED BY JOHN ALBINSON, TO APPROVE THE JOINT POWERS AGREEMENT AS AMENDED. THE MOTION PASSED UNANIMOUSLY. Barry Stock requested that all city representatives get approval from their respective City Councils by the next meeting if possible. Barry will be sending out a final copy of the Joint Powers Agreement to all city representatives. 1 V. Discuss Training Session for SBA Processing Barry distributed a copy of the forms for an SBA Loan package that he had received from Bob Heck. The Board discussed whether they wanted to do training for the local financial representatives and communities. The Board decided to postpone that until the time that an SBA loan was processed so that we have someone with experience who can come in and discuss this. The committee discussed whether a training session should be done to strengthen communication among the financial representatives and the city personnel. Although this is probably something we may pursue, the committee again agreed to hold off on any type of communication, at least until one loan had been processed. VI . Progress on One Year Work Program A. Marketing Subcommittee Barry Stock asked the Marketing Subcommittee for a report on their progress. John Albinson reported that he, as of yet, had not contacted the list company to get a list for distribution of marketing materials. John reported that he was going to get the list prepared by zip code. Jim Parsons was to be working on a press release announcing that the SCEDC organization was now functioning. Jim was not at the meeting to report on this. Barry Stock introduced a community profile document that Kay Schmudlach had picked up at a conference. The community profile is done, free of charge, by an organization that makes their money through selling advertising. Barry requested that the Marketing Subcommittee take the community profile and pursue this option. Barry also indicated that he would be joining the Marketing Subcommittee. B. Business Retention Committee The Business Retention Committee reported on their progress. Ken Anderson reported that the subcommittee had recently discussed a labor survey with Randy from the University of Minnesota. Randy is a statistician and would be able to provide us support on creating and tabulating a labor survey. However, Randy had advised the committee that the best survey available is the census, and if we 2 could hold off until spring the census data would probably give us a better feel and a more accurate accounting of what labor resources we have than any survey we could do. Therefore, the committee has decided to wait until the census data is prepared and at that time perhaps do a spinoff survey to get more detailed information in certain areas. Barry Stock reported on the progress of the brochure. The committee will be doing a three fold brochure. It will be a Business Retention brochure that will identify what the SCEDC organization can provide to existing businesses. The brochure has been drafted but not finished. Barry asked committee members to get the quotes from their respective printing organizations by October 31, 1991. The committee had also drafted an Inventory and Location Guide for businesses. After some review of the document, the committee agreed to meet and revise it. Several of the documents were identified for assistance. One being the Industry Location Survey that the Star City Program prepares. The subcommittee was asked to fine tune this and come back at the next meeting with a final draft. VII . Business/Space Inventory Sharing The attached forms as reported before would be amended by the next meeting. VIII . Other Business The committee discussed whether they should invite Kay Lewis to come to the meetings as a kind of adjunct ex-official member, because of the resources she brings with from the University of Minnesota. Kay Schmudlach was asked to contact Kay Lewis to see if she would be interested. Colleen Jones circulated a Code of Ethics that has been prepared by the Dakota County Economic Development Partnership. Colleen asked that it be distributed with the next agenda, and consideration be given to passing something similar to this document. IX. Adjournment The meeting adjourned at 9 : 45 a.m. 3 TENTATIVE AGENDA PLANNING COMMISSION Regular Session Shakopee, MN December 5, 1991 Chairperson Melanie Kahleck Presiding 1. Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of the November 7 , 1991, Meeting Minutes 4 . Recognition by Planning Commission of Interested Citizens. 5. 7 : 30 P.M. PUBLIC HEARING: To consider an application for a Preliminary Plat for Pine Ridge Fitness Center Plat at 600 County Road 83 . Applicant: Robin Norton Action: Approve Preliminary Plat 6 . 7 : 40 P.M. PUBLIC HEARING: To consider the rezoning of a parcel in the area of 4th Avenue and the abandoned Chicago, Milwaukee, St. Paul and Pacific Railroad Line. Applicant: City of Shakopee 7 . VACATIONS: A. Vacation of Portion of Mulenhardt Road. B. Vacation of Easements in Eagle Creek Junction 2nd Addition. 8 . REVIEWS : A. St. Francis Hospital - Office and Storage Space in a residential zone. B. Putt Away Golf Course - Location of Mini Golf Course C. Nancy Wright - Hcme Occupation 9 . Pedestrian/Bike Study 10 . Update 1992 Work Program 11. Comprehensive Plan Amendment Meeting A. County Road 18 B. St. Francis Hospital 12 . Other Business a. Enforcement Update b. c. 13 . Adjourn Lindberg S . Ekola City Planner NOTE TO PLANNING MEMBERS: 1. If you have any questions or need additional information on any of the above items, please call Terrie or Aggie on the Monday or Tuesday prior to the meeting at 445-3650. 2 . If you are unable to attend the meeting, please call the Planning Department prior to the meeting. TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, MN December 5, 1991 Chairperson Terry Joos Presiding 1 . Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of November 7 , 1991, Meeting Minutes 4 . Recognition by Board of Adjustments and Appeals of Interested Citizens. 5 . Other Business a. b. c. 6 . Adjourn Lindberg S. Ekola City Planner NOTE TO THE B.O.A.A. MEMBERS : 1. If you have any questions or need additional information on any of the above items, please call Terrie or Aggie on the Monday or Tuesday prior to the meeting. 2 . If you are unable to attend the meeting, please call the Planning Department prior to the meeting. TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA DECEMBER 3 , 1991 Mayor Gary Laurent presiding 1] Roll Call at 7 : 00 P.M. 2] Approval of Agenda 3] Recess for H.R.A. Meeting 4] Re-convene 5] Liaison Reports from Councilmembers 6] Mayor's Report 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] 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. ) 9] Communications: None 10] Public Hearings: None 11] Boards and Commissions: Energy & Transportation: *a] Shakopee Transit Policy Amendments *b] Vanpool Contract Request For Proposals *c] Dial-A-Ride Contract Extension d] Selection of Refuse/Recycling Provider 12] Reports from Staff:- a] Fire Service Contract Hourly Fee b] City Hall Appraisal Authorization *c] Reimbursement For 11th Avenue Storm Sewer Oversizing *d] Assessment Split for Meadows 6th - City Property *e] Farm Lease for 1992 *f] Probation Termination - Robert Forberg _ *g] 1992 Electrical Contract *h] Approve Bills In The Amount of $103 ,951. 65 *i] Request For Refund of License Fee j ] Call Option For $4 .2 Million S.O. TIF Bonds k] Deferred Compensation Plan For Part Time Employees TENTATIVE AGENDA December 3 , 1991 Page -2- 13] Resolutions and Ordinances: *a] Res. No. 3497 - Calling for Repeal of Presidential Primary *b] Res. No. 3499 - Apportioning Assessments As A Result Of The Subdivision of Parcel # 27-904010-0 *c] Ord. No. 323 - Amending the Park & Recreation Advisory Board Responsibilities d] Ord. No. 324 - Refuse Collection Licensing - on table 14] Other Business: a] Mayor's appointments to Board & Commission Interview Committee b] c] d] 15] Adjourn to Tuesday, December 17, 1991, at 7 : 00 p.m. Dennis R. Kraft City Administrator TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Meeting December 3 , 1991 1 . Roll Call at 7 : 00 P.M. 2 . Approval of the November 6, 1991 Meeting Minutes 3 . Other Business a) b) 4 . Adjourn Dennis R. Kraft Executive Director OFFICIAL PROCEEDINGS OF HOUSING AND REDEVELOPMENT AUTHORITY REGULAR SESSION SHAKOPEE, MINNESOTA NOVEMBER 6, 1991 Commission Zak called the meeting to order at 7: 06 p.m. with Comm. Vierling, Clay, Sweeney, and Wampach present. Also present was Mayor Laurent; Barry Stock, Asst. City Administrator; Dave Hutton, City Engineer; and Karen Marty, City Attorney. Sweeney/Vierling moved to approve the minutes of October 1, 1991. Motion carried unanimously. Sweeney/Clay moved to authorize the appropriate HRA officials to execute a Rehab Grant Program Agreement by and between the Shakopee HRA and John Larson for a grant amount not to exceed $1, 705.94 . Motion carried unanimously. Cncl. Sweeney had a concern on this program being for new improvements only; not building repairs and general maintenance. He stated that he felt the City needed to review the program guidelines. Barry Stock stated the current programming guidelines did allow for repairs as submitted in Mr. Larson's application. Sweeney/Vierling moved to direct staff to review the Rehab Grant Program guidelines and investigate amendments that would preclude normal maintenance items as eligible program costs. Motion carried unanimously. Wampach/Clay moved to adjourn. Motion carried unanimously. Meeting adjourned at 7 : 15 p.m. Dennis Kraft, City Administrator Carol L. Schultz Recording Secretary �� ENT iia. MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Shakopee Transit Policy Amendments DATE: November 25, 1991 INTRODUCTION: In response to the 1990 Transit Audit Report that was completed by the Regional Transit Board, the Energy and Transport Committee would like to recommend that several transit policies be amended at this time. BACKGROUND: Additional Driver Mileage - Policy No. 11 Vanpool Policy No. 11 provides 150 miles of free personal mileage use for Vanpool drivers. The policy also provides the ability for Vanpool drivers to accumulate excess miles at a rate of 210 per mile. The current IRS mileage reimbursement standard is 27.50 per mile. The City of Shakopee has adopted the IRS standard for municipal employees utilizing their own automobiles for business purposes. In an attempt to maintain consistency among all City programs, staff is recommending that the mileage reimbursement rate for excess personal mileage be increased to 27 . 50. Shown in Attachment #1 are the policies which are being proposed to be amended. Note that the language that is being proposed for deletion has a line through it and new language proposed has been underlined. Reimbursement For Carpool Costs - Policy No. 15 Staff is proposing that Vanpool Policy No. 15 be amended to have a driver reimbursement rate comparable to what is paid by Vanpool drivers for excess mileage. The present reimbursement rate for persons who are forced to drive a carpool when the backup vehicle is unavailable, is 210 per mile. Staff is proposing that the rate be increased to 27 . 50 per mile (See Attachment # 1) . The Energy and Transportation Committee is recommending that the aforementioned policies be amended accordingly. ALTERNATIVES: 1. Move to amend Transit Policy No. 11 and Transit Policy No. 15, increasing the mileage reimbursement rate to 27 . 50 per mile. 2 . Do not approve the transit policy amendments as proposed. 3 . Change the mileage reimbursement rate to a different rate than what was proposed by the Committee. AU/VPRATE27 STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REQUESTED: Move to approve Vanpool Policy No. 11 and Vanpool Policy No. 15 increasing the mileage reimbursement rate to 27 . 50 per mile. AU/VPRATE27 Attachment #1 Policy #11 Adopted: September 27, 1984 Effective: October 1, 1984 Amended: Effective: ADDITIONAL DRIVER MILEAGE Principal vanpool drivers shall receive 150 miles of free van use. This includes free gas and free maintenance during the 150 miles. Excess driver miles shall be charged to the driver at a fixed cost of 2 27 . 5 cents per mile.plus any additional costs added by Vanpool Services Inc. Policy #15 Adopted: September 27 , 1984 Effective: October 1, 1984 Amended: Effective: REIMBURSEMENT FOR CAR POOL COSTS In the event that vanpool passengers are forced to car pool , the car pool drivers shall be paid 2- 27 . 5 cents per mile plus parking reimbursements upon submission of receipt, to be paid by the vanpool driver out of the vanpool revenues. If there are no vanpool revenues the driver should submit the car pool reimbursement forms to the City. AU/VPRATE27 CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Vanpool Contract Request For Proposals DATE: November 25, 1991 INTRODUCTION: The current contract with Vanpool Services Inc. for provision of vanpool services in Shakopee expires on April 16, 1992. The Energy and Transportation Committee is recommending to City Council that the appropriate City officials be authorized to solicit vanpool request for proposals for vanpool service in Shakopee. BACKGROUND: The City of Shakopee last advertised for Vanpool request for proposals for the operation of vanpool services in Shakopee in February of 1988. The contract was subsequently awarded to Vanpool Services Inc. The three year contract agreement included a one year extension provision at the option of the City. The City of Shakopee exercised the one year extension option last year. The present agreement does not provide for any further extensions. Therefore, the Energy and Transportation Committee is recommending to City Council that the appropriate City officials be authorized to solicit proposals for vanpool service within the City of Shakopee. ALTERNATIVES: 1. Move to authorize the appropriate City officials to solicit request for proposals for vanpool services for the City of Shakopee. 2 . Do not authorize the appropriate City officials to solicit requests for proposals for vanpool service at this time. 3 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REOUESTED: Move to authorize the appropriate City officials to solicit request for proposals for vanpool services for the City of Shakopee. AU/VPCONTRA -Thnagclrarif MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Dial-A-Ride Contract Extension DATE: November 25, 1991 INTRODUCTION: The Dial-A-Ride contract with National School Bus expires on April 15, 1992 . The current contract does include a three (3) year extension provision. It would be appropriate at this time to either extend the Dial-A-Ride contract or direct the appropriate City officials to solicit bids for service. BACKGROUND: The current Dial-A-Ride hourly rate for service is $19. 15 per hour. Over the past three years, the rate has remained constant. Over the past three months, staff has been negotiating with National School Bus officials regarding a possible contract extension. Initially, National School Bus proposed a new rate of $22 .71 per hour for future service. After several meetings, they subsequently agreed to a lower rate of $22 . 12 per hour. Additionally, National School Bus has agreed to install a computerized dispatching system. This should significantly enhance dispatching operations and improve customer service. Following is a summary of 1992 hourly rates for other Dial-A- Ride Transit Systems operating within the Metropolitan Area; Southwest Metro - $25.58 Plymouth - $24.96 Anoka - $25. 62 White Bear Lake - $28. 00 N.E.S.T. - $23 . 62 Based on the survey of other Dial-A-Ride systems, and the level of service provided by National School Bus for the Shakopee Dial-A-Ride system, both staff and the Energy & Transportation Committee believe that the proposed rate of $22 . 12 per hour is reasonable. Staff would also like to point out that the proposed rate will be fixed for the duration of any extension. Since the Energy & Transportation Committee is currently investigating other options to reduce overall Dial-A-Ride expenses, including the possibility of leasing vehicles from another transit system such as Southwest Metro or Minnesota Valley Transit, the Committee is recommending that a provision be added to the current contract that would allow the City of Shakopee to unilaterally terminate the agreement for any reason with a 120 day notice. National School Bus officials have agreed to the inclusion of said provision if they are granted the three year contract extension. It should be noted that there are adequate funds available within the proposed 1992 transit budget to accommodate the proposed rate for service. ALTERNATIVES: 1. Move to authorize the appropriate City officials to execute a three year Dial-A-Ride Contract Extension with National School Bus at a rate of $22 . 12 per hour with a provision being added to the agreement that would provide the City of Shakopee with the ability to unilaterally terminate the agreement for any reason with a 120 day notice. 2 . Move to authorize the appropriate City officials to solicit bids for Dial-A-Ride service in Shakopee. 3 . Move to authorize the appropriate City officials to execute a twelve month Dial-A-Ride Contract Extension with National School Bus at a rate of $22. 12 per hour. 4 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Move to authorize the appropriate City officials to execute a three year Dial-A-Ride Contract Extension with National School Bus at a rate of $22. 12 per hour with a provision being added to the agreement that would provide the City of Shakopee with the ability to terminate the agreement for any reason with a 120 day notice. DARMEMO BAS/tiv Ila MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Selection of Refuse/Recycling Provider DATE: November 26, 1991 INTRODUCTION: The deadline for the submission of refuse/recycling request for proposals was November 18, 1991. On November 20, 1991, the Shakopee Energy & Transportation Committee reviewed the proposals and is recommending that Waste Management, Inc. be selected as the City of Shakopee's refuse/recycling provider. BACKGROUND: The current contract for refuse/recycling services by and between Waste Management, Inc. and the City of Shakopee expires on February 15, 1992 . The City of Shakopee received six proposals in response to the solicitation. PROPOSAL EVALUATION METHODOLOGY: Prior to receiving the proposals, staff drafted an evaluation criteria checklist. The checklist was comprised of six different components that relate to the refuse/recycling program in Shakopee. Each component was weighted according to its significance. None of the refuse/recycling providers were aware of the evaluation criteria identified by staff. Upon receiving the proposals, the Assistant City Administrator and the Public Works Director independently ranked each proposal based on the criteria and components identified in the ranking system. Since there were six proposals, the company with the best proposal in relation to each evaluation component was ranked on a scale from one to six, with one being the best proposal. Upon assigning a ranking to each of the evaluation components, the weight factor was applied to the ranking to determine the assigned liability point for each component. The provider with the lowest liability score, based on all the evaluation components, is the company with the most •complete and comprehensive proposal for refuse/recycling services. Upon independently ranking each proposal, the Public Works Director and the Assistant City Administrator then combined their rankings to establish an overall ranking of the proposals. In both the independent ranking and combined ranking, Waste Management, Inc. , came out on top as the best overall proposal followed by Knutson. (See Attachment #1) Shown in Attachment #2 is a complete cost summary of all the proposals. FINANCIAL SECURITY: The proposal specifications clearly noted that each provider shall submit with their proposal for services, a form of financial security to ensure that the provider selected will follow through on their proposal and enter into a contract if selected to perform the work. The financial security was to be valid for a 90 day period following the proposal submission date. The amount of said financial security was set a $25, 000. 00. In reviewing the proposals, staff discovered that two of the providers (Aagard West and Randy's Sanitation) did not include the required financial security. The Assistant City Administrator and the City Attorney, concur that the two providers who did not submit the required financial security should be eliminated from further consideration at this time. The City Attorney and I believe that it is not fair to the other providers who obtained the required financial security. Staff also believes that if one of the two companies that did not submit the required financial security where selected as the provider, one of the other providers may have legal recourse against the City for not following the guidelines as set forth in the proposal specifications. Staff does not support waiving the required financial security at this point as technical irregularity. METHOD OF BILLING: The proposal specifications requested the providers to submit cost quotations for service with billing to be the responsibility of either the City of Shakopee (Utility bill) or the hauler directly. Based on the proposals as submitted, staff does not believe it is worth an extra $1. 00 per month to Shakopee residents to have the billing changed from its current system to contractor billing at this time. The City does receive a . 15 per month surcharge on each monthly refuse bill as well as a surcharge on each extra service refuse coupon sold to cover administrative costs incurred. • REFUSE CONTAINERIZATION: The proposal specifications set forth that the hauler could submit proposals utilizing refuse service carts for disposal purposes or some other system as deemed appropriate by the provider. In reviewing the proposals, staff does not believe it would be desirable to change from our present system (where 65 gallon refuse containers are provided to each household under contract) to a system that utilizes individual refuse containers provided by the homeowner. The change to a standardized refuse cart system that was made several years ago significantly enhanced the ability of the City to control rodent problems. It also did much to reduce the visual problem that is common place in communities who leave refuse containerization open to the residents preference. Therefore, in reviewing the proposals, staff and the Energy & Transportation Committee tended to lean in favor of proposals that were willing to provide refuse carts. UNILATERAL CANCELLATION PROVISION: In reviewing the proposals, the Energy & Transportation Committee felt strongly that the City should in the future consider moving towards a closed refuse program. The Committee strongly believes that the City could obtain lower quotes for service if a specified number of customers could be guaranteed. Under our present system, Shakopee residents have the option to select whomever they choose to dispose of their refuse. In that vein, the Energy & Transportation Committee recommended that the refuse/recycling contract include a 120 day unilateral cancellation provision at the option of the City. Said provision would provide the City with the ability to terminate the agreement for whatever reason it so desires upon the issuance of a 120 day notice to the provider. The Committee felt that in the future, if the City does move towards a closed refuse system that they may want to terminate the refuse/recycling agreement and solicit separate bids for urban and rural service. Since the proposal specifications stated that the duration of the contract would be three years with a possible three year extension, staff contacted the hauler with the best ranking (Waste Management, Inc. ) to determine if they would be agreeable to the unilateral cancellation provision as proposed by the Energy & Transportation Committee. Waste Management officials have stated that their price quotation was based on a three year agreement. However, Waste Management officials did state that they would agree to a 120 day cancellation provision that was based on the City ' s decision to move towards a closed refuse program. Their agreement to said provision is also based on the premise that they would not have to provide 30 gallon refuse carts as stated in their proposal . Waste Management would agree to provide 64 gallon containers to Senior Citizens at the quoted 30 gallon rate. SUMMARY: The purpose of soliciting requests for proposals is to obtain a service level that best accommodates the needs of the residents and the City of Shakopee. The request for proposal process also encourages potential providers to submit customed design service packages that will meet the needs of the community. Cost is generally not the main determining factor in selecting a provider. The Energy & Transportation Committee is recommending that Waste Management, Inc. be selected as the City' s refuse/recycling provider. Waste Management ' s proposal for the most part retains the level of service currently provided. New program components proposed by Waste Management include the provision of 30 gallon refuse containers and a more aggressive recycling component that includes the collection of several new materials including junk mail and magazines. (See attachment #3) The provision of 30 gallon containers will allow us to eliminate the current Senior Citizen Rate which is currently 15% lower than the regular monthly rate. The Energy & Transportation Committee is proposing that the appropriate City officials be authorized to execute a three year contract with a three year extension provision for refuse/recycling collection by and between Waste Management, Inc. and the City of Shakopee. In regard to a 120 day cancellation, staff is proposing that the contract include a 120 day City cancellation option should the City choose to move towards a closed refuse system. ALTERNATIVES: 1. Authorize the appropriate City officials to execute a three year contract with a three year extension provision for refuse/recycling collection with Waste Management, Inc. with a provision that provides the City of Shakopee with a 120 day cancellation option should the City choose to move towards a closed refuse system. 2. Authorize the appropriate City officials to execute a three year contract with a three year extension provisions with Waste Management, Inc. 3. Table action pending further information from staff. 4. Direct staff to execute an agreement with some other hauler. 5. Reject all proposals and rebid for a closed refuse collection program in the City of Shakopee. STAFF RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Authorize the appropriate City officials to execute a three year contract with a three year extension provision for refuse/recycling collection with Waste Management, Inc. with a provision that provides the City of Shakopee with a 120 day unilateral cancellation option should the City choose to move towards a closed refuse "system. REFUSE BAS/tiv M/oc ,4 4:4+,'4- ( /� G241 NQ uvkAr✓9 AI Act vSis 4- aye 14)4,2"/ k- Qg.Y s .k Shakopee Refuse/Recycling �' Request For Proposal v= I w �__ Evaluation Criterion Checklist I ' Composite Ranking Analysis C�C -t- S 4. 3 4f l Z 1. Total Cost of Service - 25% i • The proposal with the lowest monthly A- 3 2. y j 6 _5_ rate for service will receive the highest ranking. �•SJ Z.26 1,25" Z.O 45rO z.0 • Assigned Liability Points • Percentage Point Total - • • ! 2. Proposed Refuse Component - 20% � - • The proposal with the most cost -- if 5 ( 1 Z G 1 3 effective and comprehensive refuse s. Li i i ` 6 collection component will receive the highest ranking. /4$° /.TO +Yo 1 .SO 1.3.0 1 LSO. Assigned Liability Points Percentage Point Total I 3. Proposed Recycling Component - 20% + 3 IGIZII / s' The proposal with the most cost t effective and comprehensive recycling - 3 . 6 Z Y .5.- collection component will receive the /) TO20 1 1.6c2 2 highest ranking. /420 1 2.101 Assigned Liability Points 1 1 Percentage Point Total I i 4. Proposed Yardwaste Component - 151 002. 11 The proposal with the most cost 3 effective and comprehensive yardwaste --- collection component will receive the -4E-! �j • 4/ I . 2 ' ..S 6 • highest ranking. Assigned Liability Points 14(10 ' /.2U : ,9s • ,y `. 1-s 'c / ESPercentage Point Total • 5. Management/Administrative Capabilities - 104 3 S I ( z 1 C 1 .14. The proposal demonstrating the most - comprehensive employee training, customer # 5 ! 3 1 [ ' Z 1 6 relations and reporting capabilities will ! �U receive the highest ranking. _••q(> . ; 27 ,90 'A,2p i O Assigned Liability Points Percentage Point Total 6. Understanding of RFP and Exceptions - 10% I / i The proposal that demonstrates the best 3 ! 2( 1 Z 1 6 ' .5- overall understanding of the RFP willZ 3 1 2 } S be ranked highest. Any exceptions to the [ b proposal specifications will be wieghed by the review team in this section of the . 1�0 I r7� I ivAZO /do I �./Q evaluation. 1 : -: ;; :::: ;::: .. Assigned Liability Points . Percentage Point Total I ; i . TOTAL LIABILITY POINTS [ 1 PERCENTAGE POINT GRAND TOTAL 7,1 gi/s 3:.5-0 !4/0(75-17,536- 1(3.35 t 1 • 1 I 44 c,4414A/4- 4ft 2 -4- T I el 4 vac I - o- v, N c-^ , (LVJ 1 moi " v' g� , ( 011 � 4 C om, ! r �, N, I 1 I ( �° N X V N NI 4 i 1 1 f k. M �n I ti� N. �, Q ; -� J l I ( � 1 1 oM OOhO ' � Y� ! M j j I Oo "4-5--.; PO 331 '66' fel f.„( 1,rj • j a) < I Ps, : ,s2 Art 44 d d dd d z y Ln ‘4C� •ire _ a� g c 2 - • [ ° 1 4 _A , :44 4 i, __ � � i j 41 v Waste Management - Savage 612-890- 1100 12448 Pennsylvania Avenue South • Savage, MN 55378 RECYCLING GUIDE 4eN, _ rica It's as Easy as 1 • . . . 2 . . . . 3 i►Y��j j Simply separate your recyclables into three basic categories." 1. . . Miscellaneous Paper - Place in a separate paper bag and set next to or inside your recycling container. 2. . . Newspapers - Place in a separate paper bag and set next to or inside your recycling container. 3. . . Metal Cans, Glass Bottles and Jars, Plastic Bottles - Please commingle and accumulate in your recycling container to be placed at the curb on collection day. 1 . MISCELLANEOUS PAPER AND CORRUGATED CARDBOARD -� Includes: % •. _....1.\I • Magazines & Catalogs, Things specifically EXCLUDED: direct mailing advertisements, Phone books / TV Guides / Readers Digest I I brochures, pamphlets and booklets. String / Twine / Cotton balls J I L 1 • Books & File Folders, hard and Paper towels / Napkins j ', soft covered books, notebooks, and Cups / Coffee Filters / Tea bags manila file folders. Waxed paper or waxed anything e.g. • Envelopes, all types included. milk cartons/drinking boxes • candy/gum wrappers • Paper, computer paper, adding machine tape, let- frozen food boxes terhead paper, typing paper, construction paper, Food/Product Packaging Material copier paper, ledger paper, NCR paper, receipts and ("gray" boxboard) e.g. cereal/snack boxes bills, letters, post it notes, fax and telex sheets, onion-detergent/shoe boxes • beer/pop carrying cartons skin paper, clean paper bags. (Place magazines, catalogs, books, file folders, cake/jello boxes • sugar/flour bags envelopes and papers in a separate paper bag and light bulb/egg cartons set next to or inside your recycling container.) Cellophane / Foil / Plastic wrap • Corrugated Cardboard (Flatten into 3' x 3' Carbon paper l Wallpaper pieces and place next to recycling bin - this does not Bathroom wastepaper include cereal boxes or other such "gray" boxes Photos / Slides I Transparencies known as boxboard.) -115 t--. . .,. -4-5 � Inserts do not have to be removed. 2. NEWSPAPERS I (Place in a separate paper bag and set next to or inside your recycling container.) 3. METAL CANS, GLASS BOTTLES and JARS Items specifically EXCLUDED: PLASTIC BOTTLES Include: Aerosol cans / Paint cans • Metal Food Cans and Motor oil / Gasoline_ containers jo ../... . Aluminum Beverage Cans Light Bulbs / Pens �' .�j, if (Rinse clean.) Window panes / Mirrors ,�rj 1 Pottery / Ceramics `R Rec. • Glass Bottles and Jars Three colors - Brown, Green and Clear Disposable razors / Needles (Remove lids and caps, Rinse clean) Toys / Dishes / Glasses Plastic• Bottles Medicine containers (Remove and throw awayall caps, lids, Plastic cups / Plastic silverware p pumps and metal handles, Rinse Clean.) Plastic wrap Commonly accepted plastic bottles are: soda bottles, milk Styrofoam cups / Styrofoam packaging l' and water jugs and laundry product containers. Yogurt, Cottage Cheese, Butter Containers i Printed on recycled paper /1 aJ TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Fire Service Contract Hourly Fee DATE: November 21, 1991 Introduction Part of the fire service contracts with the townships provides for an hourly fee for service. Staff is recommending that the fee be increased. Background Part of the fire service contracts with the townships provides for an hourly fee for service. The hourly fee is based on the variables of fuel and hourly labor cost which are not included in the standby part of the fire service contract. The hourly fee has been $185 per hour for many years. Based on the costs for 1990 a fee of $196 per hour is warranted. Alternatives 1. Status Quo 2. Increase fee to $196 per hour 3. Set fee at some other amount Recommendation Alternative number 2. Action Move to set the hourly fee for service under the fire service agreement with the townships at $196 per hour effective 1/1/92. November 21, 1991 Jim Theis Rose Menke Town Board of Louisville Township Town Board of Jackson Township 956 West 150th Street 1060 Oak Road Shakopee, MN 55379 Shakopee, MN 55379 Dear Town Board Members, The contract for fire service between Shakopee and the township provides for an hourly fee for fire calls. The fees has been $185.00 per hour for many years. Based on the average costs of fuel, hourly wages and the number of fire fighters responding during 1990, a rate of $196.00 per hour is warranted. I will be recommending that Council set the fire call rate at $196.00 per hour effective 1/1/92. This is based on a 1990 fuel cost of $3,502 divided by 220 calls equals $16 per call. There was an average of 24 fire fighters responding per call at a cost of $7.50 per hour per man for a cost of $180 per hour. Wage cost of $180 plus fuel cost of $16 yields $196. Sincerely, /S/ Gregg Voxland Finance Director MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: City Hall Appraisal Authorization DATE: November 26, 1991 INTRODUCTION: Earlier this year, the City of Shakopee acquired the Marquette Bank Building. It is anticipated that a move from our existing facilities to the recently acquired property will occur sometime next summer. Said move will result in the vacancy of our existing building. It would be appropriate at this time to discuss the future use of our existing City Hall facility. BACKGROUND: The City Council has not discussed in great detail the future use of our existing City Hall facility. While there maybe other municipal uses for the facility, given the City's tight fiscal situation, staff believes that it would be cost prohibitive to continue utilizing our existing facility for municipal purposes. If it is the desire of City Council to sell our existing facility, staff would like to recommend that the appropriate City officials be authorized to obtain an appraisal of the property in question. Staff is proposing that an appraisal be obtained that would analyze the value of our existing facility as one building as well as two sperate buildings. Cost estimates for said appraisal range between $4, 000. 00 and $5, 000. 00. Funding for the aforementioned appraisal was not budgeted in our current budget or the 1992 budget. Therefore, staff would like to request that funding for said appraisal be allocated from the 1991 contingency fund. At the present time, there is $35, 000 remaining in the contingency appropriation. ALTERNATIVES: 1. Move to authorize the appropriate City officials to obtain an appraisal of the existing City Hall property at a cost not to exceed $5, 000. 00 with funding to be allocated from the contingency appropriation account for said appraisal. 2 . Do not obtain an appraisal of the existing City Hall property at this time. 3 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternatives #1. ACTION REQUESTED: Move to authorize the appropriate City officials to obtain an appraisal of the existing City Hall property at a cost not to exceed $5, 000. 00 with funding to be allocated from the contingency appropriation account for said appraisal. APPRAISE BAS/tiv CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Reimbursement for 11th Avenue Storm Sewer Improvements DATE: November 26, 1991 INTRODUCTION: Staff is requesting City Council approval of a reimbursement to the Developer of The Meadows 5th Addition for the storm sewer oversizing in 11th Avenue between Dakota and Naumkeag Streets. BACKGROUND: You may recall during the platting of The Meadows 5th Addition, there was a public hearing to improve 11th Avenue within this subdivision. City Council decided that it was more appropriate that the Developer construct the improvements in conjunction with his plat of The Meadows 5th Addition. At that time the Developer, Mr. Wayne Fleck, asked City Council to consider paying for the oversizing of the storm sewer improvements in 11th Avenue because the oversizing did in fact benefit properties to the North of his subdivision. City Council approved Mr. Fleck' s request and the Developer's Agreement was drafted to reflect this agreement. The Developer's Agreement provides that the City shall reimburse the Developer for storm sewer improvements in 11th Avenue between Dakota and Naumkeag Streets (from the storm sewer utility fund) based on the following formula: 75% of 1/2 of the actual construction costs for installing the storm sewer in 11th Avenue. The public improvements for The Meadows 5th Addition have been completed with the exception of pavement to one driveway which will not be done until next spring. The Payment and Escrow Agreement between the Developer, City, and lending institution, will continue to retain funds until this work has been completed. The City Engineer has advised me that the total cost for the storm sewer improvements in 11th Avenue is $20, 283 . 30, 75% of 1/2 of this cost is $7, 606. 24 . Pursuant to the Developer's Agreement, staff recommends that the Developer be reimbursed for the oversizing of the storm sewer improvements in 11th Avenue at this time. RECOMMENDED ACTION: Authorize the reimbursement to Gold Nugget Development, Inc. for storm sewer oversizing improvements to 11th Avenue in the amount of $7, 606. 24 , pursuant to the Developer's Agreement for The Meadows 5th Addition. REIMBURSE JSC/tiv eaV-r 57;1 5-1/7-> °.r .1'///7A/ ,5-7‘r,/ 2Ce ($1-70 A/eez1--/Ile /./ ate, i/,= �/ _ - ,j, --. Q ON S N T-- 1 :).C' kz.uise MEMO TO: Judy Cox, City Clerk Yg-- FROM: Dave Hutton, Public Works Director SUBJECT: Meadows 5th Subdivision DATE: December 2 , 1991 The Engineering Department had previously calculated the amount of the storm sewer reimbursement for the above referenced subdivision, which was agreed upon by both parties in the Developer' s Agreement due to oversizing the storm sewer. Upon further review of those calculations, an error was discovered. The correct amount of the reimbursement should be $8, 255. 19 , rather than the $7 , 606. 24 that was previously provided to you. I assume you will provide the City Council with the revised amount at the December 3 , 1991 meeting. Thank You. REVISED ACTION REQUESTED: Authorize the reimbursement to Gold Nugget Development , Inc . for storm sewer oversizing improvements to 11th Avenue in the amount of $8 ,225 . 19 , pursuant to the Developer' s Agreement for The Meadows 5th Addition. MEADOWS 5TH SUBDIVISION 11TH AVENUE STORM SEWER REIMBURSEMENT CALCULATIONS $19, 011. 35 Total Construction Costs 3 , 002 . 50 Engineering/Surveying Costs $22 , 013 .85 Total Storm Sewer Costs According to the Developer's Agreement, 75% of one-half of the storm sewer costs will be reimbursed. Reimbursement = 0. 5 x $22 , 013 . 85 x 0. 75 = $8 , 255. 19 r\[ ° ENT TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Assessment Split for Meadows 6th - City Property DATE: November 26, 1991 Introduction The recent assessment split for the Meadows 6th addition levied assessments against city property. Background The recent assessment split for the Meadows 6th addition levied assessments against city property in the amount of $639.93 for parcel 27-160033-0. Periodically, Council authorizes the prepayment of assessments against city property in order to save interest costs in the General Fund. Alternatives 1. Let assessment run on the taxes with interest and pay from the General Fund. 2. Prepay from the General Fund - contingency. 3. Prepay from the Capital Improvement Fund. Recommendation Alternative number 2. Action Requested Move to prepay the special assessment split for the Meadows 6th addition against city property parcel number 27-160033-0 in the amount of $639.93 from the contingency appropriation. CONSENT Memo To: Dennis R. Kraft, City Administrator From: Gregg Voxland, Finance Director Re: Farm Lease for 1992, Date: November 20, 1991 Introduction Gene Hauer has inquired about renewal of his farm lease for 1992. Background The Hauer family has farmed the land in the north part of Memorial Park for many years. Since the City acquired the land for a park, it has leased the north part to the Hauer family for continued farming. A few years ago, the City checked around for other interested farmers and found none. There are no current City plans to use the area being farmed. A lease form has been sent to Gene Hauer for his signature and it is to be returned for City official's signatures. Mr. Hauer pays the taxes on the land and $250-$500 in rent depending upon flooding conditions. Action Requested Move to authorize proper City officials to execute a farm lease with Gene Hauer for 1992 under the same terms as 1991. Gv:mmr FARM.LEZ -,0 SSEarc Memo To: Dennis R. Kraft, City Administrator From: Marilyn Remer, Personnel Coordinator Re: Probation Termination Date: November 19, 1991 Introduction Robert Forberg, Patrol Officer has successfully completed the required one-year probationary period for new police officers. Background Officer Forberg was hired on 11/12/90. Police Officer appointments are subject to a probationary period of one year as per Police Officers Standard & Training (POST) rules . Sgts. Kaley, Poole & Erlandsen have completed the required performance evaluation and highly recommend that Officer Forberg be appointed to the full time permanent position of Patrol Officer effective November 12 , 1991 . Action Requested Move to terminate the probationary status of Robert Forberg and appoint him to the full time permanent position of Patrol Officer effective November 12 , 1991. cc: Tom Steininger, Police Chief CO1\ISENT MEMO TO: Mayor and City Council FROM: LeRoy Houser, Building Official RE: Electrical Contract DATE: November 25, 1991 INTRODUCTION AND BACKGROUND: We currently have Terry Krominga under contract for our electrical inspections. His contract expires December 31, 1991. We have attached a new contract to be executed for 1992 with Mr. Krominga. ALTERNATIVES: 1. Renew the contract with Mr. Krominga. 2 . Do not renew the contract and seek another source for electrical inspections. RECOMMENDATION: I recommend we renew our electrical contract with Mr. Krominga. ACTION REQUESTED: Authorize the appropriate city officials to execute the electrical contract with Terry Krominga for the 1992 operational year. LH/jms CONTRACT FOR ELECTRICAL INSPECTIONS CITY OF SHAKOPEE Terry Krominga, Box 91, LeSueur, MN 56058, is hereby appointed electrical inspector for the City of Shakopee to serve at the pleasure of the City Council. The City of Shakopee acknowledges receipt of his electrical inspector's bond in the amount of $1,000 payable to the City of Shakopee in case of default. As such inspector, he hereby agrees to enforce the Minnesota Electrical Act, the Rules and Regulations of the State Board of Electricity thereunder and the appropriate Ordinances of the City of Shakopee, as pertaining to the licensing of electricians and inspection of electrical installations. The rate of compensation for his services shall be 80% of the electrical inspection fees collected by the City of Shakopee. In addition to any other rules, regulations or directives promulgated or issued under authority of the City of Shakopee, he hereby agrees to comply with the following rules: 1. Report to this office when called upon. 2 . Supply the City of Shakopee with a verification of automobile liability insurance on Form 1927 of the amounts of not less than $50, 000 for any one per- son, $100, 000 for any one accident for personal injury and $10, 000 for property damage. 3 . Supply a monthly report of inspection completed. (Payment shall not exceed percentage or work completed) . 4. Deposit with the City of Shakopee any inspection fees received in the field. 5. Delegate authority and responsibilities to no one except duly authorized representatives of this office upon request. 6. Keep a Journeyman or Master electrician's license in force at all times. By this appointment, the City of Shakopee places trust and authority upon Terry Krominga as an independent contractor qualified and certified as such to make electrical inspections in behalf of the City of Shakopee in the geographical area defined by the City' s corporate limits. This appointment shall be dated concurrent with said bond, which shall terminate on December 31, 1992, unless amended or withdrawn previous to that date by the City of Shakopee or its duly authorized agents, or which shall terminate upon 30 days written notice by Terry Krominga requesting same. Approved by the Shakopee City Council this day of , 19 . CITY OF SHAKOPEE Terry Krominga Mayor of the City of Shakopee Present Address City Administrator City, State, Zip City Clerk l � H CONSENT Without detailed checking, Finance staff is not aware of any bills in the attached bill lists that would cause the respective division to exceed the division total budgets adopted by Council . 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Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Request for Refund of License Fee DATE: November 26, 1991 INTRODUCTION: Lucy Rein from Jim & Lucy's has requested a partial refund of her 3 .2 Beer License fee. BACKGROUND: As you are aware, Lucy Rein has closed her restaurant as a result of the State's acquisition of her property for the Mini Bypass. Lucy has received a 3 .2 Beer License from the City for the period beginning July 1, 1991 through June 30, 1992 for the restaurant at 201 West 1st Avenue. As a result of the State' s acquisition of her property for the Mini Bypass, Lucy was forced to discontinue operation at this site. Lucy is asking for any refund of this license fee that she maybe entitled to. The Shakopee City Code, Section 5. 02 , Subd. 4C, addresses license refunding in certain cases. It provides that in the event, during the license year, the licensed premises shall be destroyed or so damaged by fire, or other wise, that the licensee shall cease to carry on the licensed business, the City shall, upon the happening of any such event, refund to the licensee such part of the license fee paid by him as corresponds to the time such license had yet to run. Through no action of her own, Lucy was forced to cease carrying on the licensed business. I have asked the City Attorney to review the City Code, and she concurs that Lucy Rein is entitled to a partial refund of her On-Sale 3 .2 Beer License fee. RECOMMENDED ACTION: Authorize the appropriate City officials to refund Jim & Lucy's, Inc. , 201 West 1st Avenue, $208. 00 for the unused balance of the On-Sale 3 .2 Non-Intoxicating Malt Liquor License, pursuant to Shakopee City Code, Section 5.02, Subd. 4C. JSC/tiv % 42/-c."' -721-0" d`--7Z-p/2./ iff/ P ,/, AeSkj "Zj 722/ /r) KU 2E1FT1 l.2a, TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Call Option For $4.2 Million S.O.TIF Bonds DATE: November 18, 1991 Introduction Council has the option to call the $4.2 million track bonds. Background The follows information relates to calling the bonds. A. The $4.2 million special obligation TIF bonds issued for direct track benefit must be paid off or defeased before the assessment agreement can be changed, in accordance with bond counsel advice. B. The bonds are callable now. The next call date is 2/1/92. Calling the bonds takes a minimum 20 day mailed notice plus preparation time so action to call must be taken in December 1991 for a 2/92 call. C. It would take about $2,000,000 to call the bonds now. D. Calling the bonds now would save about $270,000 in interest payments which are at 10.25%. Final maturity on the bonds is 1994. E. There are no other TIF bond issues callable until 1994. F. The funds to call the bonds could come from the TIF trust fund or funds received from Ladbrooke as a "buy out" or prepayment, or a combination thereof. G. There is a supplemental guarantee in the form of a letter of credit covering one years worth of debt service payments that is still in effect on these bonds. H. The status of the supplemental guarantees made personally by the original owners of the track to make bond payments is uncertain. J. The City or HRA has no legal obligation to make debt service payments on these bonds if the increment from the track is not sufficient. K. The assessment agreement currently in effect expires in 1994. Paying off the 4.2 S.O. TIF bonds does not trigger cancellation of the assessment agreement. L. The question of whether TIF District 4 (track) could be closed after the S.O. bonds are paid and the assessment agreement for district 4 terminated, but before 1994 and when there are still other bond issues supported by District 4 is a question for bond counsel. M. The fiscal disparities option of taking the contribution out of district 4 instead of the city as a whole (as Council has discussed before) is still available to Council. Pro: 1. Save $270,000 in interest. 2. If district 4 can be closed and the assessment agreement terminated or reduced in value, the assessed value would yield a larger tax base for pay 1993 (lower individual tax bills) . Con: 1. Lose supplemental guarantees of debt service support, need to supply $2,000,000 to call bonds. 2. If city supplies any money from TIF trust fund to call bonds, dollars available for other potential projects would be reduced or reduction of TIF trust fund balance if future collection from track are not realized. Alternatives 1. Call bonds. 2. Do not call bonds. Recommendation Discuss and give staff direction. Action for alternative number 1 must be taken soon (2 weeks?) . No action is alternative number 2. -#472 . „::::_7$0*H.:77;:.,-;,,:.: J -,., .,,,:,... ; ''''":,:i'w.:.:..,..„ STATE OF MINNESOTA DEPARTMENT OF REVENUE Mail Station 3340 :el ` St. Paul, MN 55146-3340 '';�` (612) 296-3010 . � . QFC, `� $® , 199, s November 27, 1991 y-4-4A Richard Reichow ' Chief Financial Officer Canterbury Downs • 1100 Canterbury Road Shakopee, MN 55379 Dear Mr. Reichow: Your letter of November 20, 1991, was forwarded to our attorney for comment. That letter addressed issues regarding the termination or amendment of TIF assessment agreements and the timing of such as it relates to taxes payable in 1992. Since there have been no court cases dealing with these specific issues, the statute is open to some interpretation and the following comments must be viewed as advisory only. The parties to an assessment agreement may change the agreement at any time, either by amending the old agreement or by creating a new one,if 1) all of the parties to the agreement concur, and 2) the county assessor certifies that the new values are reasonable. The parties must also address the prohibition in the law against granting reductions of market values below the minimum market value in the existing agreement. As discussed above, an assessment agreement may be amended. The new agreement should clearly state new 1991 values and indicate that the owner may seek an abatement of the 199'2 taxes which are not based on the new agreement. Another issue concerns whether a developer could get an abatement for the payable 1992 property taxes. Abatements are discretionary and are administered at the county level as follows: 1) abatements must be approved by a) the county assessor (or city assessor in the case of a first or second class city), b) the county auditor, and c) the county board; -1- AN EQUAL OPPORTUNITY EMPLOYER Richard Reichow November 27, 1991 Page 2 2) if the abatement is for more than$10,000 the school district and municipality where the property is located must also approve. (If the school district or municipality objects, the county board may then only grant the abatement after obtaining a positive recommendation from the commissioner of revenue.) In response to your questions contained in your November 20, 1991 letter, a new agreement is essential before an abatement could be granted. Once the assessment agreement is amended to change the minimum market value and to indicate new 1991 values, approval for an abatement must be obtained from the county, city and school district as indicated above. The variations in timing contained in your questions would not affect the need for a new agreement or the required approvals. Sincerely, DEB VOLKERT, Property Tax Coordinator Local Government Services Division DV:kjk cc: Bob Schmidt, Property Appraiser Scott County Assessor's Office Barry Stock City of Shakopee 1v < TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Deferred Compensation Plan For Part Time Employees DATE: November 26, 1991 Introduction Staff has been researching the possibility of offering or mandating a deferred compensation plan to part time employees in lieu of FICA payroll deductions. Background Effective July 1, 1991, all part time and seasonal governmental employees became subject to FICA taxes. There are some exceptions for election workers. The impact for Shakopee is the seasonal workers (i.e. pool) , other recreation employees and the fire fighters are now subject to FICA withholding and the employer has to make matching contributions in the amount of 7.65% of the employees wage. Staff explored offering a deferred compensation plan to those employees in lieu of the full FICA tax. The Medicare portion of the tax in the amount of 1.45% would remain in place. The employee could place 7.5% of their wages into a deferred comp account and avoid the 6.2% portion of the tax. The employer would save the 6.2% of the tax. The agent representing the deferred comp program offered to "permanent" employees contacted staff regarding offering the deferred comp plan to part time/seasonal employees. The agent and administration company behind the agent represent the plan as being a viable option to the full FICA tax. I am aware of three cities in the metro area that have offered the deferred comp option to their employees, sometimes on an optional basis, sometimes on a mandatory basis. Staff has contacted other sources of information including the League and has received conflicting information. What is clear is that this is a gray area and there has been a short time frame to make adjustments to payroll. The option to offer a deferred comp plan to part time/seasonal must be in place by the end of the year. Staff is not convinced (as is the League) that the deferred comp option is a viable alternative to the FICA tax. The purpose of the change in the tax application is to provide a portable, 100% immediate vesting, retirement benefit for each employee. The deferred comp plan allows the employee to withdraw money upon termination thereby providing no retirement benefit. The associated paperwork for seasonal employees also makes the benefit to the city questionable. Sometimes the amount of wages involved makes the paperwork involved more costly than the benefit. About one third of the fire fighters contribute to an IRA. Mandating a deferred comp plan for them would probably prevent them from using the IRA and the IRA is probably a bigger benefit for them. The existing fire relief pension does not qualify for FICA exemption because it does not provide 100% immediate vesting. If the City is to set up a deferred comp plan for the part time/seasonal employees in order to avoid paying FICA tax, the plan must be established before December 31, 1991. Based on the 1992 budget for part time wages, the cost (6.2%) for the City could be in the range of $4,500 for the Fire Dept. , $3,700 for the pool and $1,200 for the Recreation Department. Alternatives 1. Status quo, employee and employer paying full FICA. 2. Offer optional deferred comp plan for fire fighters. 3. Make deferred comp plan mandatory for fire fighters. 4. Offer optional deferred comp plan for seasonal employees. 5. Make deferred comp plan mandatory for seasonal employees. Recommendation It is not entirely clear that the deferred comp plan is an acceptable alternative to the FICA tax. The benefit for the seasonal employees compared to the administrative effort and end result of a retirement benefit does not seem warrant offering the plan to seasonal employees. Action Either; 1. ) Move to direct staff to prepare a resolution establishing a deferred compensation plan to cover part time and/or seasonal employees in accordance with (one or two of the options above) , or 2. ) Move to continue current status of applying FICA tax deductions to part time and seasonal employees. O0 NSE / 3 cL MEMO TO: Dennis R. Kraft, City Administr tor FROM: Judith S. Cox, City Clerk RE: Calling for Repeal of Preid ntial Primary DATE: November 26, 1991 INTRODUCTION: Attached is a resolution calling on the state legislature to repeal the law which established the presidential primary scheduled for April 7, 1992 . BACKGROUND: As you may know, the state legislature has adopted a statute which provides for a presidential primary starting in 1992 . The legislation has provided no funding for the local governments for the conducting of the election. In additional to the additional expense to cities, the effect of such an election is unrelated to the actual election of candidates to public office. One of the League of Minnesota Cities "A" priority issues is to urge the legislature to provide funding for the election or the repeal of the law providing for the presidential primary. The League is encouraging cities to indicate their support for legislative action. ALTERNATIVES: 1. Adopt Resolution No. 3497 2 . Amend and adopt Resolution No. 3497 3 . Take no action RECOMMENDATION: Staff recommends alternative No. 1, adopt Resolution No. 3497 . RECOMMENDED ACTION: Offer Resolution No. 3497, A Resolution Calling For Repeal of Presidential Primary, and move its adoption. RESOLUTION NO. 3497 A RESOLUTION CALLING FOR REPEAL OF PRESIDENTIAL PRIMARY WHEREAS, the statute establishing the Presidential Primary was initially adopted without legislative hearings; and WHEREAS, the legislature has not provided reimbursement of local government costs for conducting the primary; and WHEREAS, the Presidential Primary is designed to provide voters an opportunity to express preferences for the nomination of presidential candidates by major national political parties; and WHEREAS, the statute establishing the Presidential Primary (M.S. 207A) requires voters to declare which political party ballot they will receive prior to casting their vote; and WHEREAS, such political party voter identification will become public information and a permanent record of the voter registration file; and WHEREAS, such records will be available for political campaign activities, including canvassing and fundraising; and WHEREAS, the purpose and effect of the balloting conducted during the Presidential Primary are unrelated to the actual election of candidates to public office; and WHEREAS, the outcome of the Presidential Primary balloting will not determine the election of candidates to public office in Minnesota or at the national level. THEREFORE, BE IT RESOLVED, that the City Council of the City of Shakopee calls on the State Legislature to repeal the statute establishing the Presidential Primary to eliminate requirements for local government to fund the costs of the primary since such balloting is essentially a political party activity which should not be financed with tax revenues. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1991. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney Id I 183 University Ave.East St.Paul,MN 55101-2526 League of Minnesota Cities (612)227-5600(FAX:221-0986) October 28, 1991 TO: City Clerks, cities with legislators on House and Senate Elections Committees, Elections & Ethics Committee members, MCFO Executive Committee members FROM: Ann Higgins RE: Draft resolution on postponement or repeal of Presidential Primary Enclosed please find a copy of a draft resolution calling on the legislature to repeal (or at least postpone) the scheduled 1992 Presidential Primary. Local lawmakers in several districts have indica--ed that it is important for local officials and constituents to let them know that there is support for such action. Cities must act now to make legislators aware of local support for proposals to repeal (or postpone) the Presidential Primary. Please request local officials to take up the discussion of these issues at the next scheduled city council meeting. Forward a copy of the resolution adopted by your city council to local lawmakers immediately following the meeting. Please also let me know of the action taken. Encourage legislators who represent your city to co-sponsor legislation. (See information below. ) '92 Presidential Primary adds to city election costs During the '91 session, the League sought state funding of the '92 Presidential Primary to eliminate requirements for local government to fund the costs of conducting balloting. The failure of the state legislature to provide funding means that cities will be responsible for paying for costs of conducting the primary at the polls on April 7, 1992 , and incurring those added expenses as a portion of '92 city budgets already impacted by the loss of state aid. Legislation calling for repeal to be introduced Senator John Marty, a member of the Senate Elections Committee and a vocal critic of the statute establishing the Presidential Primary, has introduced legislation calling for repeal of Chapter 207A, and has requested a hearing on the bill during the special legislative session scheduled January 6 - 17 . It is important for cities to indicate their support NOW for legislative action on this issue in January. Grass roots concerns must be voiced in order to get lawmakers and legislative leadership to recognize the need for immediate action. February will be too late (when the regular session is scheduled to begin) ! LSC Position The LMC Legislative Committee comprised of the Board of Directors and the chairs of League legislative policy committees has identified the issue of the Presidential Primary as a top priority for '92 . The League's current policy calls for lawmakers to fully fund all costs costs of conducting the primary at the local level. New policy recommended for '92 suggests ways in which such costs can be reduced if the primary is held and calls again on the legislature to use state and/or political party revenue sources to fund the primary. Failing that, the League policy recommendation supports repeal of the Presidential Primary. That policy recommendation is scheduled to be considered for final adoption by LMC member cities on November 21. In advance of that date, cities are encouraged to let local lawmakers know about concerns at the local level and to adopt the enclosed resolution (or use your own wording) to emphasize the urgency of difficulties facing cities in the absence of legislative action. Members, Senate Elections & Ethics Committee Chair, Jerome Hughes, Dist. 54 , Maplewood Vice Chair, Bill Luther, Dist. 47, Bklyn. Center, Bklyn. Park, New Hope Richard Cohen, Dist. 64 , St. Paul Richard Halberg, Dist. 38 , Burnsville Dean Johnson, Dist. 15, Willmar Doug Johnson, Dist. 6, Cook Gary Laidig, Dist. 55, Stillwater John Marty, Dist. 63 , Roseville Pat McGowan, Dist. 48 , Maple Grove Roger Moe, Dist. 2 , Erskine Pat Piper, Dist. 31, Austin Larry Pogemiller, Dist. 58, Minneapolis Don Samuelson, Dist. 13 , Brainerd Members, House Elections Division Linda Scheid, Chair, Dist. 47A, Brooklyn Park (resigned/effective 12/31) Don Ostrom, Vice Chair, Dist. 23B, St. Peter Ron Abrams, Dist. 45A, Minnetonka Ben Boo, Dist. 8B, Duluth Gil Gutknecht, Dist. 33A, Rochester Jerry Knickerbocker, Dist. 43B, Hopkins Harold Lasley, Dist. 19A, Cambridge Bob McEachern, Dist. , 22A, Maple Lake Tom Osthoff, Dist. 66A, St. Paul Gene Pelowski, Dist. 34B, Winona Loren Solberg, Dist. 3B, Bovey RESOLUTION CALLING FOR REPEAL OF PRESIDENTIAL PRIMARY WHEREAS, the statute establishing the Presidential Primary was initially adopted without legislative hearings; and WHEREAS, the legislature has not provided reimbursement of local government costs for conducting the primary; and WHEREAS, the presidential primary is designed to provide voters an opportunity to express preferences for the nomination of presidential candidates by major national political parties; and WHEREAS, the statute establishing the Presidential Primary (M.S. 207A) requires voters to declare which political party ballot they will receive prior to casting their vote; and WHEREAS, such political party voter identification will become public information and a permanent record on the voter registration file; and WHEREAS, such records will be available for political campaign activities, including canvassing and fundraising; and WHEREAS, the purpose and effect of the balloting conducted during the Presidential Primary are unrelated to the actual election of candidates to public office; and WHEREAS, the outcome of the Presidential Primary balloting will not determine the election of candidates to public office in Minnesota or at the national level; THEREFORE, BE IT RESOLVED THAT, the of the City of calls on the state legislature to postpone the Presidential Primary for at least four years in order for full funding to be approved at the state level, eliminating the need for any local government costs for conducting the primary. (Alternate) : THEREFORE, BE IT RESOLVED THAT, the of the City of calls on the state legislature to repeal the statute establishing the Presidential Primary to eliminate requirements for local government to fund the costs of the primary since such balloting is essentially a political party activity which should not be financed with tax revenues. JOI\ISENT / 13 MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Resolution No. 3499, Apportioning Special Assessments DATE: November 26, 1991 INTRODUCTION & BACKGROUND: Parcel #27-904010-0 has been subdivided into two parcels. There are existing special assessments for three separate public improvements against this parcel. Because of it' s subdivision into two new parcels, it is appropriate to apportion the assessments against the two new resultant parcels. The attached Resolution apportions the existing special assessments against the original parcel between the two new resultant parcels. The two property owners of the new parcels have been advised of this proposed apportionment. RECOMMENDED ACTION: Offer Resolution No. 3499, A Resolution Apportioning Assessments Among New Parcels Created as a Result of the Subdivision of Land, Parcel No. 27-904010-0, and move its adoption. RES3499MEMO JSC/tiv RESOLUTION NO. 3499 A RESOLUTION APPORTIONING ASSESSMENTS AMONG NEW PARCELS CREATED AS A RESULT OF THE SUBDIVISION OF LAND PARCEL NO. 27-904010-0 WHEREAS, the City Council has previously levied assessments against properties benefitted by the construction of the 1972-2 VIP Watermain; and WHEREAS, the City Council has previously levied assessments against properties benefitted by the construction of the 1969 , 69-1A Sewer and Water Project; and WHEREAS, on March 7 , 1978 Resolution No. 1219 adopted by the City Council levied assessments against properties benefitted by construction of the 1977-1 public improvements; and WHEREAS, a tract of land benefitted by the said improvements, known as parcel number 27-904010-0, has been subdivided so as to create two parcels; and WHEREAS, it is the desire of the City Council to apportion the installments remaining unpaid against said tract between the two newly created parcels; and WHEREAS, the property owners involved have been notified of this proposed action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE: 1. That the 1991 payable remaining balance of assessments to parcel 27-904010-0 is $25, 379 . 68 for the 1972-2 VIP Watermain, is $11, 192 . 75 for the 1969 , 69-1A Sewer and Water Project, is $862 . 47 for the 1977-1 Public Improve- ments and that they are hereby apportioned as set forth in Exhibit "A" attached hereto and made a part hereof. 2 . That all other parts of Resolution No. 1219 , as well as the resolutions adopting the 1972-2 VIP Watermain assess- ments and the 1969, 69-1A Sewer and Water Project assess- ments shall continue in effect. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of December, 1991 . Mayor City Clerk Approved as to form , City Attorney H �• H rn I W N W M Q r O 0) N O H t!} tR co N Q' • H CO W I N H • cs pl N O kip O 0� H 0 I d, O N •Z rI 0 CO lM N N Ln O I 1/4O N N I Q N N O 01 N O H • O In z N M W Co VH N a) C I O � COC W U • W El 04W a) tr l0 o z •� aa)i o• - W E-1 C) 4) x w au x 0 0 01 .0 W rl a) C 1-3 4aOU) H z w 3 W \N f, t!) N (!1 Z NHN •H N HH $-I W In t!l \to >+ E-1 OZ a) HH W a N ' � z d a O co a O cn • o � a Q r) H aH o H I I o O H H O O O O C' C' all I I H N I� I].i N N OOiSENi MEMO TO: DENNIS KRAFT, CITY ADMINISTRATOR AND MEMBERS OF CITY COUNCIL FROM MARK MCQUILLAN, PROGRAM SUPERVISOR SUBJECT: AMENDMENT OF DATE NOVEMBER 12, 1991 INTRODUCTION/BACKGROUND At its November 6, 1991 Meeting, the City Council directed staff to draft an amendment to City Code 2. 57 enabling the Park and Recreation Advisory Board the responsibility to recommend to the City Council names for new city parks, trails and special recreational facilities. RECOMMENDATION/ACTION Offer Ordinance No. 323 , An Ordinance of the City of Shakopee , Minnesota , Amending Sec . 2 . 57 of the City Code , Park and Recreation Advisory Board, Subd . 1 , Establishment and Duties , By Adding The Duty of Recommending Names For New City Parks , and move its adoption. ORDINANCE NO. 323 , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING SEC. 2 . 57 OF THE CITY CODE, PARK AND RECREATION ADVISORY BOARD, SUBD. 1, ESTABLISHMENT AND DUTIES, BY ADDING THE DUTY OF RECOMMENDING NAMES FOR NEW CITY PARKS . THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That Sec. 2 . 57 of the City Code is hereby amended as follows: SEC. 2 .57. PARK AND RECREATION ADVISORY BOARD. Subd. 1. Establishment and Duties. A Shakopee Park and Recreation Advisory Board is hereby established. The Park and Recreation Advisory Board shall have advisory powers and shall be subordinate to the Council. The duties of this Board shall consist of making recommendations to the Council on establishing policies and programs relating to park, recreation and leisure services. This includes, but is not limited to, the following: A. The Board shall make recommendations to the Council regarding park development including the maintenance and upgrade of facilities and equipment, the naming of parks, and the [as well as] location of new parks and what facilities they shall include. B. The Board shall make recommendations to the Council concerning park land acquisition procedures and park dedication requirements. C. The Board shall be responsible for submitting an annuc>1 and five year capital improvement program, outlining recommended improvements to existing and proposed park lands prior to July 1 of each year. D. The Board shall make recommendations and submit to the Council an annual operating budget and schedule for recreational program fees. 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 C3ty Code Including Penalty For Violation, and Section 2 . 99, Violat.:ion a Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Couneil of the City of Shakopee, Minnesota, held this day of , 1991. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: , City Attorney Published in the Shakopee ValleyNew on the dayof , 1991. [20MEMO] -2- EXPLANATION TO ORDINANCE .1) X ORIGINATING DEPARTMENT: Law Department PURPOSE: To amend City Code Sec. 3 . 15, relating to refuse collection services. REMARKS : In September the City Council considered a draft ordinance to amend the refuse collection ordinance, to require licensing of all refuse haulers. Other changes were discussed to comply with state law. These include a requirement that all properties have refuse collection service. These changes have now been made in the ordinance, along with substantial "cleaning up" of the ordinance. ACTION REQUESTED: Offer Ordinance No. 324, an ordinance amending Chapter 3 of the City Code, Municipal and Public Utilities - Rules and Regulations, Franchises and Rates, by repealing Sec. 3 . 15, Rules and Regulations Relating to Source Separation, Collection, and Disposal of Refuse, and adopting one new section in lieu thereof, and move its adoption. Submitted by: j,. City Attorney [3 . 15E] �� ORDINANCE NO. 324, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 3 OF THE CITY CODE, MUNICIPAL AND PUBLIC UTILITIES - RULES AND REGULATIONS, FRANCHISES AND RATES, BY REPEALING SEC. 3 . 15, RULES AND REGULATIONS RELATING TO SOURCE SEPARATION, COLLECTION AND DISPOSAL OF REFUSE, AND ADOPTING ONE NEW SECTION IN LIEU THEREOF, RELATING TO THE SAME SUBJECT. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That Chapter 3 of the City Code, Municipal and Public Utilities - Rules and Regulations, Franchises and Rates, is hereby amended by repealing Sec. 3 . 15, Rules and Regulations Relating to Source Separation, Collection, and Disposal of Refuse, and adopting one new section in lieu thereof, which shall read as follows: SEC. 3 .15. RULES AND REGULATIONS RELATING TO SOURCE SEPARATION, COLLECTION AND DISPOSAL OF REFUSE. Subd. 1. Definitions. As used in this Section, the following terms shall have the following meanings: A. [1. ] "Refuse" means and includes garbage, refuse and litter as defined in Chapter 10 of the City Code, but shall exclude construction materials. B. [2 . ] "Newspaper" ["Paper"] means paper of the type commonly referred to as newsprint. C. [3 . ] "Cans" means all disposable containers made and fabricated primarily of metal, aluminum and tin. D. :4 . ] "Glass" means and includes products used as bottles, jars and other glass containers, excluding however, blue and flat glass commonly known as "window glass" . E. [5. ] "Receptacle" means individual containers constructed of weather proof, insect and rodent proof materials such as plastic or metal for refuse and recycling purposes. F. [5. ] "Recycling" means any process by which materials which would otherwise become solid waste are- collected, separated or processed and returned to the economic mainstream in the form of raw materials or products. G. [7 . ] "Yard Waste" means grass clippings and leaves. H. [8 . ] "Refuse/Recycling Service Area" means the area in which the City shall contract [provide] for the collection and disposal of refuse, recyclable materials and yard waste, [generally] defined as the area north [South] of the proposed 101 by-pass [or otherwise approved by the Council] . I . "Recyclable Materials" means materials which can be reused through recycling, including newspaper, glass , cans and yard waste. Subd. 2 [61 . Disposal Required. Every person shall, in a sanitary manner, store and dispose of refuse and recyclable materials that may accumulate upon property owned or occupied by that person [him] in accordance with the terms of this Section. Refuse shall be collected or otherwise disposed of at least once a week. Subd. 3 . By Whom. Within the refuse/recycling service area, the City' s contractor shall collect and dispose of refuse and recyclable materials from single family dwellings, duplexes, and triplexes. Owners of residential property larger than triplexes, individual householders outside the refuse/recycling service area, and all business establishments shall [may] contract with refuse collectors directly and may [elect to] not receive City collection service. Refuse shall be collected weekly. In the event that a property is found to be without refuse collection service, that address shall be added to the list of addresses served by the City' s contractor, and the service provided and billed for accordingly. [ , in which case, the City shall be notified thereof. Individual householders outside of the refuse/recycling service area may receive City collection service if City collection is implemented in said outlying neighborhood and 100% participation of the residents in the neighborhood agree to said refuse/recycling collection service. ] [Subd. 2 . Collection and Disposal of Refuse. The City shall provide for the collection and disposal of all refuse in a sanitary manner to insure the health, safety and general welfare of its residents, under such terms and conditions as the City may, from time to time, deem appropriate. Such collection shall be made only [in the areas defined by the City as the refuse/recycling service area and] in accordance with the schedule, as established by the City. ] [Subd. 3 . Collection of Recyclable Materials. The City shall provide for the collection and disposal of newspaper, glass, cans and yard waste in a sanitary manner to insure the health, safety and general welfare of its residents, under such terms and conditions as the City may, from time to time, deem appropriate. Such collection shall be made only in the areas of the City, and in accordance with a schedule, as established by the City. ] 2 Subd. 4 . Kind and Placement of Receptacles [Containers] . A. Residential Units. The refuse hauler shall provide separate [City or its duly authorized contractor shall be responsible for providing] refuse and recycling receptacles to [all] each living unit in a single family dwelling, duplex, or triplex. [units up to and including fourplexes located within the refuse collection service area. The cost of the receptacles shall be included in the refuse collection rate. ] The refuse receptacles shall be made of plastic and shall not exceed 65 gallons in capacity. These receptacles shall be water-tight and equipped [fitted] with handles and a substantially tight-fitting cover to prevent the disturbance of contents thereof by cats and dogs, and to prevent the propagation of, and infestation by, rats, flies, and other vermin [etc] . The refuse hauler also shall provide each living unit [City shall also be responsible for providing residents within the refuse collection service area] with a 30-gallon recycling receptacle. The recycling receptacle shall be constructed of weather proof, insect and rodent proof material such as plastic. The cost of the receptacles shall be included in the refuse collection fees. B. Commercial and Industrial Establishments. The owner [ , manager, proprietor, agent or occupant of] any residential unit larger than a triplex [fourplex] , and the manager of any business shall provide refuse receptacles . [store, hotel, restaurant, saloon, stable or industrial building within the City shall be responsible for providing water-tight receptacles for the reception of garbage and refuse] . The refuse receptacle or receptacles shall be in excess of 65 gallons in capacity, and .shall be of sufficient size and/or number to handle the accumulation of refuse between collections by the hauler. These receotac'_es [containers] shall pe wa:er--tignz and equipped [fitted] with substantially tight-fitting covers to prevent the disturbance of contents, and to prevent the propagation of, and infestation by rats, flies, [etc. i and other vermin. They shall be well maintained and bear identification of the refuse hauler supplying the containers, including the phone number. C. Placement of Receptacles [Containers] . Insofar as practical, receptacles shall be kept in the rear yard of homes and other places served as near to the alley and accessible to the collector as possible, 'and in those instances where homes and other places are not adjacent to alleys, the receptacles shall be placed on the driveway or other place convenient to the collector by 6 : 00 A.M. on the designated day of collection. Receptacles shall be removed by 7 : 00 P.M. on the 3 designated day of collection and shall not otherwise be stored in areas of the front yard visible from the front curb line. D. All [materials classified as] refuse from residential units shall be wrapped [ , except in the case of restaurants, stores and commercial establishments] . Subd. 5 . Separation of Recyclable Materials. Recyclable materials collected by the City' s [City or its duly authorized] contractor shall be separated, prepared and placed for collection in the manner hereinafter set forth. A. Newspapers. Newspaper [Used newspaper] shall be placed into the recycling receptacle directly or neatly packaged and securely tied bundles not exceeding fifty (50) pounds, or neatly packed into strong or doubled paper bags. B. Cans. Cans [Used cans] shall be placed into a paper bag or directly [and] deposited within the recycling receptacle. C. Glass. Glass [Used glass, such as glass bottles, jars and containers (except blue glass, and flat glass commonly known as window glass) ] shall be free from all food and liquid or other substances and placed into a paper bag and deposited within the recycling receptacle. [With respect to glass, the] Any metal caps or [and all] other metal shall be removed. D. Yard Waste. Yard waste shall be placed in bags or other suitable containers. Yard waste should be free from refuse. [Subd. 7 . When Collection Shall be Made by the City. ] [A. The City or its duly authorized contractor shall be responsible for the weekly collection, removal and disposal of all contained refuse and recyclable from all residential buildings containing nct mora than four dwelling units and located within the refuse collection service area. ] [B. Owners or lessees of residential buildings outside the refuse collection service area, residential buildings containing more than four dwelling units, industrial and commercial properties and all persons contracting with private haulers shall be responsible for the collection, removal and disposal of the refuse generated by those dwelling units and properties in the same manner and with same frequency as for other residential buildings located within the refuse collection service area. ] 4 Subd. 6 [8] . Fees. [Service Charge for the Removal and Disposal of Refuse and Recyclables. ] The City shall [may] charge a fee for the collection and disposal of refuse and recyclable materials . The fee shall be set annually [and may be amended as determined] by the City Council. Subd. 7 [9] . Billing. For single family dwellings , duplexes , and triplexes in the refuse/recycling service area, the City shall include [The City shall send to the owner of the premises from which refuse/recycling collections are made or to the "customer" responsible for payment of the water bill if such person is not the owner, ] a notice of the refuse/recycling disposal charges that are due, at the same times and intervals, to the same perscn, in the same manner, and together with, the water and sewer billings. [Subd. 10 . Duty to Provide Dumpster-Type Containers. The owner or occupant of any commercial/industrial building shall provide that building with a large dumpster-type rubbish container or containers. Said dumpster-type rubbish container must be rodent proof, well maintained, bear identification of the rubbish firm supplying the containers, including the phone number, and be provided with metal or other approved material coverage which people can operate with no unusual physical effort. The rubbish haulers providing the dumpster service must provide collection service at least once every week and the dumpster or dumpsters shall be of sufficient size and/or number to handle the accumulation of the rubbish between pick-up periods from the address being served. Two or more citations for loose rubbish within a one-year period shall be presumptive evidence that an additional dumpster or larger type container are needed to serve that address. ] Subd. 8 [11] . Illegal Acts. A. General Prohibition. No person shall collect, haul, or dispose of refuse or recyclable materials collected in the City of Shakoree except as provided in this Section. B. [A. ] Storing of Refuse. It is unlawful for any person to throw, place or deposit rubbish in any street, alley, sidewalk or on any public or private property [in a commercial/industrial district] except in a receptacle [dumpster type container] as described in this Section. C. [B. ] Removal of Refuse. It is [also] unlawful for any person to remove any refuse from a receptacle other than [therefrom, except] the refuse haulers or persons having the consent of the owner or occupant of the property served or law enforcement agencies in the pursuit of evidence. D. [C. ] Property Maintenance. The [It shall be the responsibility of the] owner and occupant of any 5 private property [in a commercial/industrial district to] shall maintain the property in a condition free of strewn or piled refuse. E. Adequate Receptacles. The owner of any residential unit larger than a triplex, and the manager of any business shall provide sufficient refuse receptacles to contain all refuse generated at that location. F. [Subd. 12 . ] Removal of Recyclable Materials. [Collection of Recyclable; Unauthorized Persons Prohibited. A. ] From the time of placement of the recyclable materials at the curb or other designated place of collection [by the City or its authorized agent pursuant to the provisions of this Section, and any rules and regulations adopted thereunder] , said recyclable materials shall become and be the property of the City or its duly authorized contractor as determined by the City. [B. ] It is unlawful for any person other than as specified in this Section [not duly authorized by the City] to collect [or pick-up] or cause to be collected [or picked-up] any recyclable materials placed at the curb or other designated place for collection [by the City or its authorized agent pursuant to the provisions of this Section] . Any and each such unauthorized collection in violation hereof from one or more residences [is unlawful and] shall constitute a separate distinct offense. G. [Subd. 13 . ] Unwarranted Disposal . It is unlawful for any person to throw, place or deposit refuse, [yard waste, ] recyclable materials, construction materials, or brush upon public or private property [or privately owned property] unless otherwise permitted by the [City or private] property owner[s] . S'ubd. 9 . License Requirements. A. Each person desiring to collect, haul , or dispose of refuse or recyclable materials shall first secure a license from the City. B. The license shall be valid for one calendar year and shall expire on December 31 of each year unless revoked sooner. For the purposes of implementing this Chapter, all persons engaged in the business cf refuse collection shall secure a license by January 1, 1992 . C. An applicant for a license shall make application to the City Clerk through forms and procedures prescribed by the City Clerk. The application for a license shall contain the following information: 6 1. A list of the equipment proposed to be used in the collection, including information about the number, type, license number, and capacity of the collection vehicles and equipment to be used in the City of Shakopee. 2 . A description of the services to be rendered, including a brief description of recycling service offered. 3 . The place or places to which mixed municipal solid waste are to be hauled. 4 . A general description of the applicant ' s service area. This description need not include information about specific customers. D. An applicant must provide insurance as required by the City. This shall include $1, 000, 000 coverage of comprehensive general liability, personal injury, and automobile liability, completed operations. Insurance certificates evidencing that this insurance is in force with companies licensed in the State of Minnesota shall be provided to the City prior to approval of the license. The insurance certificates shall specifically provide that a certificate shall not be modified, canceled or non-renewed, except upon thirty (30) days prior written notice to the City. E. The annual license fee shall be established by Resolution of the City Council . F. The City Clerk shall issue licenses only after receipt and review of all required forms, certificates, and fees. Upon review of the documents submitted, the City Clerk shall issue a license if the documents comply with the prc-;is ions of this Ch ante_-_-. Subd. 10 . Exemptions . The license requirements of this Chapter shall not apply to non-profit groups participating in recycling programs or persons who haul garbage, refuse, or recyclables from their own residences or business properties, provided that the following conditions are met: A. Refuse shall be hauled in containers eauipped with tight-fitting covers and which are also water-tight on all sides and the bottom. B. Refuse and recyclables are hauled in a manner that prevents leakage or any possibility of a loss of cargo. C. Refuse shall be disposed of only at designated sanitary landfills or other facilities authorized by Scott County. 7 D. Recyclable materials shall be disposed of only at a recycling facility, an organized recycling drive, or through licensed collectors. E. Yard waste shall be privately composted, or disposed of at a composting facility authorized by Scott County, or through a licensed collector. Subd. 11. Duties and Obligations of the Licensed Hauler. A licensed hauler must comply with the following operational requirements . Failure to observe these provisions may be a basis for suspension or revocation of a license: A. The licensee shall operate in a manner consistent with its application materials and shall provide notice to the City within ten (10) days of any changes in the information, forms, or certificates filed as a part of the license application process (except for the thirty- day notice required for insurance in Subd. 14 . D) . B. No collections of refuse or recyclable materials shall be made except between the hours of 6: 30 A.M. and 6: 00 P.M. , Monday through Friday. Operations during these hcurs also may be conducted on Saturdays, to accommodate recognized national holidays and snow emergencies . Customers shall be notified of the specific day and approximate hours for the collection of their refuse and recyclable materials and the licensee shall collect the materials within those time periods. C. Each licensed hauler shall only use vehicles and equipment so constructed that the contents will not leak or spill . The vehicles and equipment also shall be kept clean and free from offensive odor, and shall not stand in any street, alley, or public place longer than is reasonably necessary to collect mixed nunicical solid waste. The licensee also shall ensure that the collection site is left tidy and free of litter. D. Each licensed hauler shall provide its customers with an opportunity to recycle through the weekly curbside collection of recyclable materials. E. Each licensee shall submit an annual report to the City that identifies the weight, in tons, of refuse, recyclables materials, and special pick-up materials that were collected by the licensee from Shakopee sources. The report shall be provided on or before the twentieth day of January. The report also shall identify the weight of each type of collected recyclable. It shall distinguish residential collection tonnage from business tonnage. The report shall include a brief description of how the reported 8 weights were calculated. The report must include an address list of every account collected by the licensee. Subd. 12 . Suspension or Revocation of License. Upon the recommendation of the City Administrator, the City Council may suspend or revoke the license of any person whose conduct is found to be in violation of the provisions of this Chapter. Suspension or revocation also may be based on other health, safety, and welfare concerns arising out of the performance of the licensee, its employees, agents, and/or vehicles and equipment. Revocation or suspension of a license by the Council shall be preceded by a public hearing. The City Council may appoint a hearing examiner or may conduct the hearing itself. The hearing notice shall be given at least ten (10) days prior to the hearing, include notice of the time and place of the hearing, and shall state the nature of the charges against the licensee. Subd. 13 . Reservation of Rights. No hauler licensed pursuant to this Section shall acquire a vested right in the license. The City may, upon finding that public necessity so requires, establish other means of refuse collection. 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 3 .99 , Violation a Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1991. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News on the day of , 1991. 9