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02/04/1992
MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: January 31, 1992 1. Attached is correspondence from Mike Kazma, Amzak Cable to Barry Stock for your information. 2 . Attached are the unapproved minutes of the January 27, 1992 meeting of the Shakopee Cable Communications Commission. 3 . Attached are the unapproved minutes of the January 27, 1992 meeting of the Shakopee Access Corporation. 4. Attached are the unapproved minutes of the January 22, 1992 meeting of the Municipal Facilities Subcommittee. 5. Attached are the Revenue and Expenditure Reports as of December 31, 1991. 6. The committee working on the graduation party for the seniors (Shakopee Senior Party, Inc. ) has applied for exemption from lawful gambling license for a raffle. They will automatically receive it unless the City Council adopts a resolution specifically prohibiting the activity. They do meet the requirements of the city code. No action is needed by City Council. 7. Attached is a memorandum from Mark McQuillan regarding Low Income Eligibility Guidelines for the Municipal Swimming Pool 's Reduced Fee Program. 8 . Attached is a copy of an article which appeared in the 11/18/91 Star Tribune. In view of the recent Council discussion on the use of investment custodial services, the Finance Director thought the article may be of interest to Council. 9 . Attached are the unapproved minutes of the January 15, 1992 meeting of the Shakopee Energy and Transportation Committee. 10. Attached is correspondence from Mike Berkopec, Waste Management regarding a request to petition for a justified cost increase. 11. Attached is the February Business Update from City Hall. 12 . Attached is the Annual Report from the Police Department. 13 . Attached is a memorandum from the Public Works Director regarding the Comprehensive Sewer Study. 14. Attached is a memorandum from the Public Works Director regarding MWCC System Improvement Study for Upgrading the Chaska Wastewater Treatment Plant. 15. Attached is a copy of the Mn/DOT publication titled Southwest for an update on major Mn/DOT projects in the southwest portion of the metro area. There is a phone number to call if anyone wishes to get on the direct mailing list. 16 . Attached are the unapproved minutes of the January 28 , 1992 Committee of the Whole Meeting. 17 . Attached is a memorandum from the Finance Director regarding Police Confiscations. 44- i AMZAK CABLE, MIDWEST, INC. (612)445-6151 137 - First Ave. E. • Shakopee, MN 55379 • Barry Stock Shakopee City Hall 129 E. First Ave Shakopee, MN 55379 Jan 22 , 1992 Dear Barry, On behalf of Amzak Cable please accept my apology for not having the January 21, 19J2 City Council Meeting on Channel 3 . The current technical setup for the council meetings require a T9 modulator and the studio uses a T9 modulator. The T9 is a more expensive and uncommon type of modulator which is why we do not have an excess supply of them in the system. The studio has been having problems with their modulator and asked to have it repaired and move the city council modulator from city hall to the studio until their modulator is repaired. The modulator came back from repair on the morning of 21st and we could have had it up and running before the city council meeting. No one on our staff knew when the next city council meeting was due to take place and no one from access studio had called to let us know about the upcoming meeting. I don't like the setup of the access studio and I don't like the fact that I have no control over the access staff. When mistakes are made it makes Amzak look bad in the eyes of the council. The fact that this mistake almost cost Amzak $25, 000 makes me very concerned. I just do not know if Amzak can continue toamble on subcontracting out the staffing and management of the access studio. I look forward to seeing you and the access commission on the 27th. Best Regards, --� Mike Kazma Vice President Minutes of the Shakopee Cable Communications Commission January 27, 1992 Chairman Anderson called the meeting to order at 7: 10 p.m. Commissioners Moonen, Bastyr, Anderson and Abeln present. Commissioner Harrison was absent. Barry Stock, Assistant City Administrator; Bill Lepley, New Frontier Productions; Mike Kazma, Amzak Cable Television Manager; Doug Hamilton, Studio Manager; Bob Ziegler, Access Corporation Member; Rusty Rein and Ken Scannell were also present. Bastyr/Abeln moved to approve the minutes of the April 29, 1991 meeting as kept. Motion carried unanimously. Discussion ensued on the location of the Public Access Studio. Mr. Stock noted that the City is not very far along in the plans for the new City Hall. The initial design by the architect did include space in the basement of the new City Hall for a Public Access Studio. The size of the studio was approximately 800 square feet. Mr. Stock noted that the studio would be adjacent to the Council Chambers and would have a separate entrance. On the negative side, Mr. Stock noted that the ceiling height in the basement was only 8 feet. This would not allow adequate ceiling clearance to conduct studio productions. Discussion ensued on the status of the school studio. Doug Hamilton noted that basically the Sr. High School studio is only a shell at this time. They have very little equipment. Mr. Hamilton also stated that the school studio does not have a separate entrance. Discussion ensued on the high level of studio use at this time. Mr. Rein stated that he has been producing Country Vidclips for the past six months and that the present studio space is excellent for his use. He stated that nearly all of his productions are produced in the studio. He was very concerned about the possibility of loosing the studio space or moving to a facility that did not have a separate entrance. Mr. Anderson stated that he would like to have members of the Commission tour several other city halls and public access studios in the area. He noted that the Prior Lake studio is located in their Sr. High School. He also noted that Chaska's City Council Chambers have been designed with the idea of broadcasting live Council meetings. Mr. Stock noted that he would be more than happy to set up a tour of several public access studios and council chambers for the committee members. Mr. Anderson, Bastyr and Scannell expressed interest in participating in a tour. It was the consensus of the Commission that it would not be appropriate at this time to make any decision on a studio location recommendation. Perhaps by the Committee's next meeting, they will have more Minutes of the Page - 2 Shakopee Cable Communications Commission January 27, 1992 information on the school ' s future plans for the studio, as well as the architect's and City Council 's feelings in regard to a studio in the new City Hall. Mr. Kazma reviewed the quarterly reports. Mr. Kazma also noted several proposed channel changes. Mr. Stock stated that he inaccurately informed Mr. Kazma that the educational and governmental access channels could be rearranged without the Cable Commission' s approval. Mr. Stock stated that in order for Channels 10 and 12 to be relocated that the Cable Company would have to submit a variance to the Cable Franchise Ordinance. Mr. Kazma stated that he was not that concerned about moving the educational and governmental access channels and that if the Cable Commission desired to keep them at their present location that it was fine with him. It was the consensus of the Cable Commission that Channels 10 and 12 should remain as is. Discussion then ensued on the Channel 3 picture reception. Mr. Kazma stated that his engineers have been working to resolve the picture quality problem on Channel 3 . He stated that there is apparently an intermittent leak in the line between the studio and the headend. He stated that his technicians are continuing to try and resolve the problem. Discussion then ensued on a recent problem that developed as a result of not having a modulator to broadcast the City Council meetings. Mr. Kazma stated that approximately one week ago City Council took action to draw on the Cable Company's letter of credit if a modulator was not installed within a 48 hour period. Mr. Kazma stated that he was very upset with this action because if he had known that there was a Council meeting, that the problem could have been resolved and the meeting could have been broadcast as scheduled. Mr. Kazma stated that he feels there is generally a communication problem between the Access Studio and Cable Company. Mr. Anderson questioned why the Council meeting could not be broadcast. Mr. Kazma explained the system in place to broadcast both the Public Access channel and Council meetings. He noted that, in order for the Council meetings to broadcast, an additional modulator needs to be located at City Hall. Approximately two weeks ago the modulator at the Public Access Studio went down. In an attempt to continue broadcasting the Public Access Channel which had programming scheduled, the modulator from the City Hall was relocated to the Public Access Study. Mr. Lepley stated that he requested that the Cable Company take this action because there were several Public Access programs scheduled. Mr. Lepley stated that he decided that it was more important to broadcast the studio scheduled programs than City Council meetings at this point in time. He stated that in his review of the Council agenda and in his conversations with Mr. Stock, they did not feel that there were any items on the agenda of major significance. In December when a similar problem occurred with the modulator at City Hall, Mr. Lepley and Mr. Stock decided to move the Public Access Studio modulator to the City Council Minutes of the Page - 3 Shakopee Cable Communications Commission January 27, 1992 Chambers to broadcast the City Council meetings. This decision was made because at that time, the Council agenda items were more important than the programming scheduled for Public Access. Mr. Lepley admitted that with improved communications, perhaps the problem could have been resolved. Mr. Moonen questioned whether or not the governmental channel could be activated to resolve this problem. Mr. Stock stated that to activate the governmental channel, two modulators and a demodulator would be needed as well as a character generator. Mr. Stock stated that ultimately this would be the way to go. However, until such time that we are in our new City Hall, Mr. Stock stated that it would be premature to make the move. Mr. Stock noted that the approximate cost to activate the governmental access channel would be $8 , 000 . Mr. Stock noted that he felt that according to the Cable Franchise Ordinance, the Cable Co. would be responsible for providing the modulators and demodulator. The Access Corp. or City Council would be responsible for providing the character generator, which cost approximately $2 , 000. It was the consensus of the Cable Commission that when the move to the new City Hall takes place that the governmental access channel should be activated. Mr. Kazma stated that if they proceed to combine headends at one location in Chaska that he would have adequate equipment available to activate the governmental access channel. It was the consensus of the Committee to have a meeting on March 30, 1992 . Bastyr/Abeln moved to adjourn the meeting at 8 : 00 p.m. 3 Minutes of the Shakopee Access Corporation January 27, 1992 Chairman Bastyr called the meeting to order at 7: 00 p.m. with members Moonen, Anderson, Ziegler and Kazma present. Barry Stock, Assistant City Administrator; Bill Lepley, New Frontier Productions; Ken Scannell, Rusty Rein and Doug Hamilton, Public Access Studio Manager were also present. Mr. Bastyr stated that staff has placed on the agenda the Public Access Studio Policies for the Corporations review and approval. Mr. Lepley stated that he would like to have one new policy added at this time. He noted that recently one of the Camcorders was damaged due to the use of a bad tape. He noted that the heads were scratched on the Camcorder by one of its users who did not use a quality tape. He stated that in order to resolve this problem in the future, he would like to have a policy which stated that all equipment that is checked out, would also be accompanied by a tape to be provided by the Access Corp. Anderson/Moonen moved to approve the addition of Policy # 10 regarding the use of a tape to be provided by the studio for checked out equipment. Motion carried unanimously. Mr. Ziegler gave his treasurer's report, noting that in the General Account there was $16, 326.55. In the Rental Account there was $2,570.23 . Discussion ensued on needed equipment. Mr. Lepley presented a list of equipment to the Access Corp. for their review. He noted that the following items were needed. Projected (2) Telex Wireless Mics $ 600. 00 (2) Camera Light A/C and Battery $ 274. 00 (1) Panasonic Camera Light F-250 $ 190. 00 (1) Tripod $ 165. 00 (1) Field Audio Mixer $ 550. 00 (Previously Approved) (3) Batteries (F-250) $ 350. 00 (1) S-VHS Camcorder $1,800. 00 (1) S-VHS Playback/Recorder Deck $2, 000. 00 (5) Light Skims $ 250.00 (1) Triple BEW Monitor $ 450. 00 (1) Field Switcher & Case $3 , 000. 00 Discussion ensued on the previously approved Five Year Capital Equipment Program. Mr. Lepley noted that the majority of items requested this evening were listed in the first year of the Five Year Capital Equipment Program. Mr. Lepley noted that if the Field Minutes of the Page - 2 Shakopee Access Corporation January 27, 1992 Switcher is acquired that the Audio Mixer for the SVHS edit system could be deleted from the first year of the Five Year Capital Equipment Program. Mr. Lepley also noted that the court suit regarding the lost studio camera has been settled and a check has been issued to the Access Corp. by the user in the amount of $750. 00. Mr. Lepley suggested that the $750. 00 be applied to offset the cost of acquiring a new SVHS Camcorder. Mr. Anderson questioned whether or not some of the other equipment that was requested in the first year of the Five Year Capital Equipment Program was still needed. Mr. Lepley noted that the Routing Switcher could be pushed back to year two. Mr. Lepley also noted that the triple black and white monitor was an item that was included in year two of the Five Year Capital Equipment Program. If the Field Switcher is approved, he would recommend that one triple black and white monitor be purchased at this time. Mr. Anderson stated that if the Field Switcher is purchased, that a carrying case or rack system should also be acquired. Commissioners concurred with Mr. Anderson. Light Skims for the studio lights are also to be included in the proposed equipment list at a cost not to exceed $250. 00. Moonen/Anderson moved to approve the acquisition of the studio equipment as stated. Motion carried unanimously. Discussion ensued on the studio insurance. Mr. Lepley noted that at the present time the studio equipment is not covered under the property owner's policy. Mr. Anderson stated that he thought that in the agreement with the Access Corp. that was a part of the Five Year Deferrals that the Cable Co. was responsible for liability insurance, casualty and theft at the studio. Mr. Stock reviewed the Access Support Agreement with Amzak and discovered that Mr. Anderson was in fact correct. Mr. Kazma stated that he will contact his insurance carrier to make sure that the appropriate insurance is placed on the studio. Mr. Stock noted that last fall, the Shakopee City Council received a $500 gift from the Eagles that was to be dedicated to the Access Corp. Mr. Stock noted that since the gift came from the Eagles pulltab fund that there are limited uses for the money. Mr. Stock noted that the money has to be utilized for marketing purposes. Mr. Moonen stated that one possible use of the money was to set up a grant program for encouraging people to produce programs. Mr. Anderson stated that he felt another possible use of the money might be to establish a producers club that could be made available for special activities in the community that are not being picked up for productions by members within our community. It was the consensus of the Committee to look at the various alternatives for possible use of the funds. Mr. Rusty Rein requested the Access Corp. to consider offering a $100. 00 grant to his Country Vidclip program. Mr. Rein stated that Minutes of the Page - 3 Shakopee Access Corporation January 27, 1992 he would like to have a professionally produced sound track for the lead-in and credits to his program. Mr. Rein stated that he has contacted one sound studio who is willing to produce the sound track for $100. 00. Mr. Rein noted that normally the cost for this type of production would be over $400. 00. Mr. Moonen stated that he thought that this was an appropriate use of the Eagles' contribution and would like the Access Corp. to consider granting $100. 00 to Mr. Rein. Mr. Ziegler stated that he would like to see a more formal process set up before grants are issued. Mr. Anderson suggested that the $100. 00 grant request be approved, conditioned upon a receipt for proposal from Mr. Rein. Anderson/Moonen moved to approve a $100. 00 grant to Mr. Rein to produce a sound track for Country Vidclips, conditioned upon the receipt of a formal proposal from Mr. Rein. Motion carried unanimously. Discussion ensued on a programming schedule. Mr. Stock questioned why a programming schedule cannot be placed in the Shakopee Valley News. Mr. Lepley stated that he has contacted the paper in the past, but they are not willing to provide the space free of charge. Mr. Moonen stated that it would not be cost effective to pay for the ad space to publish the programming schedule. He noted that on Channel 3, the schedule appears on the character generator all day long. If people want to know what's going to be on the Public Access Channel, all they have to do is watch it and look at the programming schedule that's already there. Mr. Stock stated that he would contact the editor of the newspaper to determine, one more time, if free space could be provided for the programming schedule. Mr. Anderson questioned the amount of money budgeted in the Cable budget in 1992 . Mr. Stock stated that when he prepared the 1992 Cable budget, that he took a very conservative approach to franchise fees. He stated that within the professional services account of the Cable program budget, $18,500 has been allocated. The total Cable program account has a total of $22,730. Mr. Stock stated that last year, the Cable Commission approached City Council for a budget amendment, based on higher franchise fees than what were projected. City Council subsequently approved the budget amendment which generated approximately $12 , 000 in additional funds for the Public Access studio equipment that was in need of repair and/or replacement. Mr. Stock stated that if Cable franchise fees come in higher than projected after the second quarter, that the Cable Commission could again approach City Council for a budget amendment. Mr. Stock stated that he also took a conservative approach because he was not sure where the 1991 franchise fees would actually come in at, as compared to what was projected when the Cable Commission approached City Council for the budget amendment. Mr. Stock stated that it would be appropriate for the Access Corp. to consider extending the Studio Lease Agreement with Mr. Lepley Minutes of the Page - 4 Shakopee Access Corporation January 27, 1992 since a decision has not been made on the actual final location of the studio. Mr. Stock noted that the Studio Lease Agreement expires on March 31, 1992 . Anderson/Moonen moved to extend the Studio Lease Agreement with Mr. Bill Lepley for an additional six months, with the addition of a provision providing the Access Corp. with a 30 day cancellation notice. Motion carried unanimously. Anderson/Moonen moved to adjourn the meeting at 9 : 40 p.m. Motion carried unanimously. 441 Municipal Facilities Subcommittee January 22, 1992 City Council Chambers The meeting was called to order at 7: 05 p.m. with the following members present: Paulette Rislund, Dick Mertz, Jim Murphy, and Steve Johnson. Jim Stillman, Jane DuBois, Dave Kaufenberg and Ione Theis were absent. Barry Stock, Assistant City Administrator, Joan Lynch, City Councilperson and Jim Fehring were also present. Mr. Bill Morris and Jim Rose from Decision Resources were also present. Mr. Murphy noted that on page 2 of the minutes, it was stated that the school survey cost approximately $2 , 500. Mr. Murphy stated that the cost was approximately $5, 000. Rislund/Johnson moved to approve the minutes of the December 18, 1991 meeting as amended. Motion carried unanimously. Mr. Stock noted that, at the last meeting, the Committee requested that staff approach representatives from Decision Resources to determine if they could be at our meeting to discuss the services that they have to offer. Mr. Bill Morris stated that Decision Resources has extensive experience in the area of administering and developing surveys to determine residents ' feelings regarding various topics that might be of interest to the community. Mr. Morris stated that rather than giving a commercial on his company, he would rather go through the process that was outlined on the agenda and attempt to provide input into tonight's discussion. Mr. Stock reviewed with the Committee the various survey development options and the pros and cons associated with each option. Options discussed included the development of a survey by 1. ) Committee and staff, 2 . ) Consultant, 3 . ) Intern, 4 . ) U of M Center of Research. Discussion ensued on the pros and cons of each option. Mr. Murphy stated that a pro to the consultant option was that it would provide Shakopee with the ability to compare our survey results with other communities who have taken similar surveys. Mr. Stock questioned what type of check and balance system consultants utilize. He stated that he felt it would be very easy for a survey to be biased if the persons administering the survey were not trained properly. Mr. Bill Morris stated that this was a possible problem in any type of survey that is administered. He did state, however, that the best way to alleviate concerns in regard to this area is to simply observe the callers as they make the calls and administer the survey. He stated that he has not experienced a problem in this area with his company. Minutes of the Page - 2 Municipal Facility Task Force January 21, 1992 Discussion ensued on the intern option. Mr. Stock stated that this was a less expensive alternative than a consultant but that it would also require significant time from staff. Mr. Stock also stated that perhaps there would again be the problem with built-in bias to the questions developed for the survey. Ms. Lynch questioned the time and element involved in obtaining an intern. Mr. Stock stated that generally internships coincide with the quarter or semester system. He stated that it would perhaps be at least two months before an intern could be obtained. Mr. Stock noted that generally internships are set up several months in advance. Discussion ensued on the U of M Center of Survey Research option. Mr. Stock stated that generally the U of M Center of Survey Research requests that a stipend amount be paid. Mr. Stock stated that generally the credibility with the University of Minnesota would be good and they would utilize a professional approach. Their objective input could also possibly reduce bias. On the negative side, time element could be factor if that is an important issue for Council. Mr. Morris stated that generally the University of Minnesota Center of Survey Research would assign a graduate student to the project. He noted that generally this program is good at research. In terms of the methodology utilized, they are also outstanding. However, on the negative side, the University of Minnesota is not into referendum planning. Mr. Murphy stated that he felt that the validity in the survey would still be questionable with the University of Minnesota. Mr. Murphy stated that the results of the survey would perhaps serve as a basis for Council making their decision in regard to a referendum on this issue. Therefore, he stated that the survey results better be valid and accurate with the least amount of bias as possible. Ms. Lynch again questioned the availability of the University of Minnesota. Mr. Stock stated that again, if time is of the essence, the U of M could perhaps be a problem. Again he noted that generally they take projects at the beginning of a quarter. He also noted that usually, projects are booked one quarter in advance. Discussion then ensued on the survey methods and techniques that could be utilized. Mr. Stock noted that direct mail was an option. Generally, this type of survey would provide the greatest opportunity for community-wide participation. Mr. Stock stated that there are several methods of distribution that could be utilized relatively cheaply to contact all Shakopee residents. On the negative side, Mr. Stock noted that generally with direct mail surveys, you experience a small return rate. Additionally, people who are usually in favor of or opposed to the project would return the survey. You would have biased results with extremes on each end of the spectrum. Minutes of the Page - 3 Municipal Facility Task Force January 21, 1992 In regard to the telephone survey option, Mr. Stock noted that the positive aspects of this approach are direct contact with each survey respondent. Additionally, you generally obtain spontaneous responses to survey questions. Also, a scientific random sample approach is utilized. Negative side, telephone survey is generally time consuming, both for the surveyor and respondent. Survey results could also perhaps be lacking, depending on the skills of your interviewer. Discussion ensued on the recent school telephone survey that was conducted by Decision Resources. Mr. Morris stated that the average survey took approximately 30 minutes. Ms. Seifert asked whether or not the response rate was due to the length of the survey. Mr. Morris stated that the refusal rate was approximately 3 1/2% . He stated that generally on telephone survey the refusal rate ranges between 3 and 5%, which is very low. Mr. Murphy stated that he just conducted a direct mail survey to a random sample group at the Sr. High School and that he included a self-address stamped envelope. The response rate on his survey was less than 20%. He stated that he is not very excited about direct mail survey options. Mr. Morris stated that generally with the direct mail approach, 20% is a common response rate. Mr. Morris stated that the key in administering a telephone survey is selecting a sample size that is not biased. Mr. Morris stated that in Shakopee they looked at the telephone exchanges of all the persons in Shakopee and took a proportional amount from each exchange. The exchanges are then fed into a computer and suffixes are generated which identify whether you have selected a business establishment or a residence. All telephone calls are then plotted on a pin map to insure that a representative sample size of the entire geographic area surveyed is covered. Mr. Morris also noted that you can track calls by precinct to insure that you have a proportional level of response from each ward or precinct. Mr. Fehring questioned how many attempts they make to contact a person and at what time period. Mr. Morris stated that generally when his company administers a survey, they stay in the field at least two weeks. Often times, they make over 30 attempts to contact the person who has been selected in the random sample. He noted that generally calls are made in the evenings and on Saturdays. In the Shakopee School District survey, approximately 10% of the persons contacted were called over 30 times. Discussion ensued on the door-to-door approach. Mr. Stock stated that, on a positive side, it provides face-to-face contact with the surveyor and the survey respondent. He noted that generally, the survey accuracy is good. On the negative side, a door-to-door survey is time consuming and is difficult due to the fact that many individual ' s schedules are so varied. It is difficult to make a direct contact in person. Mr. Murphy also stated that generally Minutes of the Page - 4 Municipal Facility Task Force January 21, 1992 people have a negative perception of people who are coming to their door for whatever reason; be it campaigns, door-to-door sales and/or surveys. Discussion then ensued on the forum option. Mr. Stock noted that, on the positive side, all residents would have the opportunity to provide input. An open forum would also provide for the opportunity to give a brief presentation and disseminate information. On the negative side, generally persons who are only in favor or against the project tend to attend forum meetings. Also, a low turnout is generally a problem. Discussion ensued on the open forum concept. Mr. Morris stated that he has been involved with communities who have utilized the forum option, both before and after the initial survey. He stated that generally, however, communities utilize the survey concept first to stimulate discussion at the forum meetings. Mr. Mertz asked at what point do you involve more people in the process than we have presently serving on this committee. Mr. Murphy stated that he thought that, at the point that Council approves a survey option and at the time questions are developed, is when more people should be brought into the process. Mr. Stock questioned the process that Decision Resources utilizes in developing the questionnaire. Mr. Morris stated that generally, the client establishes a committee at which point Decision Resources requests that the members brainstorm on topics that are of interest to the committee. After the initial brainstorming meeting on topics, Decision Resources goes back to generate a draft questionnaire for the committee ' s review. Mr. Morris stated that he felt the key that a survey researcher can provide is being able to provide and word neutrally meaningful questions that focus on the topic identified by the client. Mr. Stock questioned how many people can be utilized on a committee in an effective manner to develop a survey. Mr. Morris stated that he is comfortable with a group between 20 and 30 persons. Mr. Stock questioned how the cost of the survey was determined. Mr. Morris stated that generally the cost is based on how many questions are desired in the survey. Mr. Morris stated that the other factor involved in determining the cost is the sample size that the client wishes to utilize. Mr. Morris stated that he generally recommends a survey sample size of 401 persons. This sample size would plus or minus 5% error factor. Mr. Morris stated that the size of a survey depends on the community but generally ranges between 50 and 200 questions. Discussion ensued on the need for a comprehensive community-wide survey and the benefits that it could derive. Mr. Morris stated that generally they have the most success with surveys that are Minutes of the Page - 5 Municipal Facility Task Force January 21, 1992 multi-topic because there are usually questions that everyone has an interest in. Ms. Rislund questioned whether or not the Chaska survey just dealt with the facility issue. Mr. Morris stated that the Chaska survey contained approximately 50 questions that directly related to the facility but was a part of a larger more comprehensive survey. Mr. Morris stated that he thought Chaska ' s survey was approximately 85 questions. Ms. Rislund questioned the length of the most recent school survey. Mr. Murphy stated that he thought it was approximately 67 questions. Ms. Seifert asked if there was a particular rule that was utilized in determining the appropriate sample size. Mr. Morris noted that regardless of the size of an area that certain sample sizes provide the same amount of accuracy. Mr. Morris noted that a 250 sample will give you a plus or minus 6% error factor. 400 would give you plus or minus 5% . 625 gives you plus or minus 4%, plus or minus 3% is a 1, 000 and to get to plus or minus 1% you need to talk to 10, 000 persons. Mr. Morris noted that the cost to administer their survey for larger sample sizes begins to get cost prohibitive beyond that for a municipality, plus you generally only get a 1% improvement in the accuracy. Discussion ensued on the direction for the Committee. Mr. Mertz stated that he felt that we should determine how we are going to fund the survey. It was the consensus of the Committee that regardless of the survey development action or technique employed, that it was going to require a significant amount of time. Therefore, it is essential that we utilize a technique and survey development option that will have the highest degree of credibility. Ms. Lynch stated that, in the minutes from the last meeting, she noticed that a suggestion was made to perhaps obtain funds from community organizations to offset the cost of a study. Mr. Stock stated that he felt this was an option, but he would have to check whether or not pulltab funds could be utilized for this type of activity. Discussion ensued on possibly using community organizations to help offset a portion of the survey cost. It was the consensus of the Committee that this would be an excellent idea to pursue. Mr. Stock stated that he would perhaps make a few inquiries regarding community organization interest. It was noted that many of the community organizations would benefit greatly from the results of the survey and a community center if it is ever constructed. It was the consensus of the Committee to have staff develop a preliminary work plan, utilizing a consultant approach to developing a survey and telephone approach. Additionally, it was Minutes of the Page - 6 Municipal Facility Task Force January 21, 1992 the consensus of the Committee to have staff contact a few community organizations to determine their interest in offsetting the portion of the cost of a community survey. Mr. Stock stated that he would also provide a complete list of possible organizations who could be contacted in regard to participating in the survey cost. Mr. Stock stated that he did not feel it would be appropriate for staff to contact each and every organization in the community to determine their interest. He stated that, in his opinion, he did not feel it would look good from a public relations standpoint to have staff soliciting funds for a community project without City Council ' s blessing. 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SUBJECT: Low income Eligibility Guidelines for the Municipal Swimming Pool 's Reduced Fee Program. INTRODUCTION This is a non-action item regarding low income eligibility guidelines used for the swimming pool's reduced fee program. BACKGROUND The City of Shakopee provides outdoor swimming facilities at scheduled hours during the summer months. Past City Councils were concerned that not all residents can take advantage of the pool facilities because of economic reasons. Therefore, the Council established a Reduced Fee Schedule for season passes and swimming lessons. The City has been using the same eligibility guidelines as the Shakopee School District. At the start of the 1991-92 school year, the School District adjusted their income guidelines upward by about 5%. To avoid any confusion it would make sense for the City to also adjust its guidelines so they are consistent with the School Districts. The 1991 Income Eligibility Guidelines are shown in exhibit A. The 1992 Income Eligibility Guidelines are shown in exhibit B. EXHIBIT A - 1991 Household Size-Income Yearly Monthly Weekly 1 $11, 618 $ 969 $ 224 2 15, 577 1, 299 300 3 19, 536 1, 628 376 4 23, 495 1, 958 452 5 27, 454 2, 288 528 6 31, 413 2, 618 605 7 35, 372 2, 948 681 8 39, 331 3, 278 757 EXHIBIT B - 1992 Household Size-Income Yearly Monthly Weekly 1 $12, 247 $ 1, 021 $ 236 2 16, 428 1, 369 316 3 20, 609 1, 718 397 4 24, 790 2, 066 477 5 28, 971 2, 415 558 6 33, 152 2, 763 638 7 37, 333 3, 112 718 8 41, 514 3, 460 796 For each additional household member add: 4, 181 349 81 ACTION No action is needed on this item unless the City Council wishes to use a different method for determining low income eligibility requirements or to eliminate it entirely. National news Money manager charged g g with diverting millions Investment adviser handled $1 .2 billion for clients in 13 states and Micronesia Associated Press issuing false statements to clients about their balances of securities Los Angeles,Calif. and cash to conceal the diversion of An investment adviser who man- funds for"undisclosed uses." Corn- aged $1.2 billion for local govern- pany accounts and Wymer's assets merits and savings institutions in have been frozen by a federal court. 13 states and Micronesia was arrest- ed Tuesday on charges of diverting That has blocked access to $1.2 millions of dollars. billion in funds by cities, counties, school districts and other agencies Steven Wymer, owner of Institu- in Minnesota, Iowa, California, tional Treasury Management(ITM) Colorado, Florida, Illinois, Nevada, of Irvine. Calif., was charged in a New Mexico, Oklahoma, Texas, federal criminal complaint with Utah, Virginia, Wyoming and Mi- three counts of securities and mail cronesia. fraud. The Iowa Trust Fund, a pool of The Securities and Exchange Com- surplus cash from 87 Iowa counties, mission (SEC) filed a civil suit last communities and, public agencies, week accusing ITM of fraud. Last has $106 million invested with weekend, SEC officials said they ITM. Investigators became suspi- had traced $65 million in missing cious when they discovered unau- funds from Iowa communities and thorized trading in a separate Mar- predicted they would be recovered. shalltown, Iowa, account of more than$10 million. Wymer, 43, appeared before U.S. Magistrate Judge Venetta Tassopu- A receiver has been appointed to los, who ordered him held without take over management of ITM. bail until a bail hearing Thursday. The SEC alleges that ITM and Wymer's attorney, Paul Murphy, Wymer withdrew two-thirds of the retained only yesterday morning, Iowa Trust Fund's money and fun- said Wymer posed no threat to soci- neled it into other accounts. It also cty and is no(light risk. Ile declined alleges overcharges to the Iowa to discuss details about the case. Trust by$6 million and Investment Trust of Colorado. Wymer managed surplus cash for •scores of local governments and The SEC complaint alleges that agencies, promising them high rates ITM made hundreds of unauthor- of return through sophisticated, ized transactions and shifted money risky techniques of trading govern- from account to account to cover ment securities. losses on those deals. The federal complaint accuses Wymer, ITM, and ITM's predeces- sor company, Denman & Co., of J MINUTES OF THE SHAKOPEE ENERGY AND TRANSPORTATION COMMITTEE Regular Session January 15, 1992 Chairman Drees called the meeting to order at 7 : 00 p.m. with Commissioners Otto, Case, Drees, Ward, Kelly and Reinke present. Commissioners Roman, Mars and Stolarcek were absent. Barry A. Stock, Assistant City Administrator, Kevin Barton and Mary Blatzheim were also present. Ward/Reinke moved approve the minutes of the November 20, 1991 meeting as kept. Motion carried unanimously. Mr. Stock stated that each year the boards and committees are responsible for submitting an Annual Report to City Council for their review and approval. Mr. Stock briefly reviewed the activities covered by the Energy and Transportation Committee in 1991. Reinke/Ward move to recommend to City Council approval of the 1991 Annual Report as submitted. Motion carried unanimously. Mr. Stock stated that in the fall of 1990, the City of Shakopee in cooperation with Regional Transit Board participated in a demonstration project at the Workplace. The purpose of the demonstration project was to train the developmentally disabled to use the Dial-A-Ride program. The initial demonstration project expired on May 31, 1991. On May 15, 1991 the Energy and Transportation Committee moved to extend the demonstration project through December 31, 1991, subject to a 10¢ per rider fare, with a 24 hour advanced notice. Mr. Stock shared with the Committee the ridership data from June through December, 1991. He noted that ridership has been very good and that we have had very few problems with the program. Mr. Stock shared with the Committee a letter he had received from Ms. Terrie Yahnke, Director at the Workplace. Ms. Yahnke has expressed an interest in having the program continued. Mr. Stock reviewed with the Committee several alternatives. He stated that he is recommending that the program be continued for an additional 12 months at the current fare with an evaluation of the project to take place again in 12 months. Commissioner Ward questioned how many handicapped riders have utilized the Dial-A-Ride program. Mr. Stock stated that there have been very few handicapped persons who have actually used the Dial- A-Ride service. The majority of the handicapped residents use Metro Motility or have access to their own personal vehicles that are accessible. Scott County also provides handicapped service. Commissioner Ward stated that she felt that it would be desirable to continue the program and that it should be re-evaluated in 12 months. Minutes of the Page - 2 Energy and Transportation Committee January 15, 1992 Ward/Reinke moved to continue the Workplace Dial-A-Ride demonstration project for an additional 12 months with the program to be re-evaluated on December 31, 1992 . Motion carried unanimously. Mr. Stock stated that at our last meeting, the Committee discussed the possibility of developing a policy which would establish a minimum ridership age for persons using Dial-A-Ride service. Mr. Stock stated that following the last meeting, he met with Ms. Mary Blatzheim and representatives from National School Bus to discuss problems that we have been experiencing with the Dial-A-Ride program. Mr. Stock stated that he invited Ms. Blatzheim to tonight ' s meeting to discuss issues identified. Ms. Blatzheim stated that she currently operates the Shakopee Childhood Learning Center. The students at her learning center generally utilize approximately 142 Dial-A-Ride trips per week. She stated that the problems generally that they have been experiencing are in the area of dispatching. She noted that often times people are put on hold for an inordinate amount of time. She also noted that occasionally the amount of time that a student is left on a vehicle is extreme. Finally, she noted that there is some mis-communication regarding the availability of a $7 . 50 coupon book. Mr. Stock questioned the age of the students attending Ms. Blatzheim' s preschool. Ms. Blatzheim stated that the children attending her preschool are between three and five. Mr. Stock asked Mr. Barton if anything was being done by National to resolve some of the problems noted by Ms. Blatzheim. Mr. Kevin Barton, Shakopee Dial-A-Ride manager, stated that since the meeting with Mr. Blatzheim in December, several things have been implemented. First, in the past, Shakopee was provided with two separate phone lines on a separate phone bank at the dispatching facility. These two phone lines have now been rolled into the master phone bank. This should eliminate the problem of having persons placed on hold for an inordinate amount of time. Mr. Barton stated that they are also adding an order taker in the peak a.m. and p.m. travel times beginning February 1, 1992 . This should provide additional time for the dispatchers to transmit data to the drivers. Finally, the computer system, which will be utilized to coordinate rides, should be operational by March 1, 1992 . Ms. Case stated that she thought the issue discussed at the last meeting was in the area of liability. Mr. Stock responded in the affirmative. He stated that generally transporting children under age five who are unaccompanied by an adult exposes the City to greater liability than if they were riding with an adult. Discussion ensued on different approaches that can be taken to reduce the City ' s exposure in this area. Minutes of the Page - 3 Energy and Transportation Committee January 15, 1992 Mr. Reinke commended the drivers in the Shakopee Dial-A-Ride program. He stated that Shakopee has very conscientious drivers and that had it not been for our drivers, we would likely have many more problems than we are presently experiencing. Mr. Barton suggested that it might be appropriate for the Committee to consider the establishment of a policy that what would only provide for the transport of children to designated licensed shelters. Discussion ensued on the definition of a designated shelter. It was discussed that perhaps a daycare, school or licensed facility would qualify as a designated shelter. Discussion ensued on how designated shelters could be identified. Mr. Stock suggested that the policy could be drafted in such a fashion that in order to be accepted as a designated shelter that the shelter manager would have to submit appropriate licenses that are normally granted by the county or state, stating in fact the facility is licensed. Mr. Reinke questioned whether or not it would be appropriate to transport kids under three years old. Mr. Barton stated that generally persons under three years of age have to be placed in a car seat. He stated that he would recommend against transporting children, ages two and under unless they are accompanied by an adult. Mr. Kelly suggested that we adopt a policy that would not allow for the transportation of kids between ages three and five unless the destination point of said ride is a certified designated shelter. Obviously, children within the three to five year old range would be allowed to ride anywhere if they are accompanied by an adult. It was the consensus of the Committee to have staff draft a policy for their review and consideration. The proposed policy should include language relating to the issues as discussed. Mr. Stock noted that on June 19, 1992 the Energy and Transportation Committee moved to implement a Dial-A-Ride variable route program on a six month demonstration project to the Southwest Metro Service Area. Mr. Stock stated that he has requested the Dial-A-Ride manager to review the ridership data to determine whether or not the program should be continued. Mr. Kevin Barton stated that on the average, approximately 19 people per day are utilizing the variable fixed route service. Mr. Barton stated that prior to tonight ' s meeting, he had the driver of this route survey all of its passengers to determine if they could find alternative transportation. Mr. Barton noted that, of the current riders, approximately 60% are developmentally disabled. In light of this fact, he contacted Barb Latham, Scott County Transit Coordinator, to determine if the Scott County Human Service program could transport the developmental disabled persons. Mr. Barton stated that Ms. Latham stated that at this time, the passengers could be Minutes of the Page - 4 Energy and Transportation Committee January 15, 1992 accommodated. In regard to the other riders, all but one could find alternative transportation. Mr. Barton stated that he will be in contact with the one other rider to determine if alternative transportation could be found for that person. Mr. Barton noted that none of the current regular riders on the circulator service possessed drivers licenses. Mr. Barton stated that he felt it would be appropriate to recommend termination of the circulator route at this time. He stated that by terminating the route, a third vehicle would be available within the Shakopee city limits to transport Shakopee riders during the peak a.m. and p.m. , as well as mid-day travel times. He stated that the addition of a vehicle, especially during midday would significantly improve our service. Mr. Reinke questioned whether or not any of the current riders ' jobs would be jeopardized if the service is terminated. Mr. Barton stated that since all but one of the passengers could find alternate transportation, he doubted whether or not anyone's job would be placed in jeopardy. He stated that he would again contact that one individual to better determine their transportation situation. Mr. Stock stated that if the Committee wishes to terminate the Dial-A-Ride circulator, that he recommend that it be phased out over a two month period. He stated that he would also like to send a letter to all of the circulator riders to explain the City of Shakopee' s position in regard to this matter. Case/Reinke moved to recommend that the Southwest Metro Dial-A-Ride Circulator be phased out between now and March 31, 1992 . Motion carried unanimously. Mr. Reinke requested that an update on the progress of the circulator phase out be placed on the next agenda for informational purposes. Mr. Stock stated that each year the Energy and Transportation Committee approves a set of goals and objectives. He stated that he has drafted a preliminary list for their review and consideration. Ms. Case questioned whether or not it would be possible to educate the public regarding recycling. Ms. Case also questioned why the cost for disposal was going up when more and more recyclables are being collected. Mr. Stock noted that education is critical. He stated that in defense of Waste Management, while the amount of recyclable materials collected is increasing, the actual cost paid for the recycling products is decreasing. In fact, some of the recyclable materials are being shipped as far away as Michigan and Colorado. Mr. Stock stated that he would have an objective added to the proposed list, regarding an educational campaign. Mr. Stock stated that he would also like to suggest that Mike Berkopec be in attendance at our next meeting to give the Committee an update on some of the issues that have a direct cost impact on the administration of solid waste. Ms . Ward suggested that perhaps the High School students could be utilized to develop a recycling education campaign. Minutes of the Page - 5 Energy and Transportation Committee January 15, 1992 Mr. Reinke questioned what is being done to advertise the Vanpool program. Mr. Stock stated that traditionally we have focused on advertising in the Shakopee Mint and Shakopee Valley News. He questioned whether or not the results of this marketing approach have been successful. Mr. Stock stated that the magnetic signs for the Vanpool vehicles should be completed within the next week. In 1992 , Mr. Stock stated that he would continue to utilize the newspaper but on a more limited basis. He stated that he also thought the best way to advertise the Vanpool program was through direct mail. Mr. Reinke suggested that perhaps we could investigate the possibility of utilizing cable television. He noted that he has seen several commercials on ESPN and other cable channels that have been done by local businesses. He thought that this might be something for us to consider. Mr. Stock stated that he would include an investigation of television advertising on the 1992 goals and objectives. Ward/Reinke moved to adjourn the meeting at 8 : 45 p.m. Motion carried unanimously. # I o Waste Management-Savage 12448 Pennsylvania Avenue South Savage, Minnesota 55378 A Waste Management Company • 612:890-1100 • FAX: 612/890-5143 January 20, 1992 Barry Stock City of Shakopee 129 E 1st Ave Shakopee, MN 55379 Dear Barry, Following denial of their incinerator permit by the MPCA in November, 1991, the Dakota County Board of Commissioners passed a resolution establishing an additional landfill abatement fee for mixed municipal solid waste generated outside of Dakota County. This action increases the cost of disposal for City of Shakopee garbage by 22% or $13.33 per ton. This translates into a $1.09 per month per household increase over current rates. As per the contract, I would like to petition the City for an increase based on a justified cost increase. Although I will be paying this higher rate effective 1-1-92, I suggest delaying my petition request until May 1, 1992, for the follwing reasons: 1) Recent RFP process and new contract. 2) The addition of mixed mail to your recycling program which may reduce overall tonnage. 3) The addition by Waste Management of a new truck/transfer system that will allow us to transfer Shakopee garbage to a more economical (less taxed) sanitary landfill. Although I will have additional truck and labor costs, the system will help to lower the overall disposal cost to the City of Shakopee. Please call me if you have questions on my request to petition for a - justified cost increase. Sincerely, • WA I LA ng- NT- r VAGE /1 Mike Berkopec General Manager a division of Waste Management of Minnesota, Inc. EDWARD KRAEMER &SONS, INC. December 6, 1991 Dear Valued Customers: On December 3,1991, the Dakota County Board of Commissioners passed a resolution establishing an additional landfill abatement fee for mixed municipal solid waste generated outside of Dakota County. This additional fee will be $4.00 per cubic yard or $13.33 per ton and become effective on January 1.1992 and will be collected at all landfills within Dakota County. Mixed municipal solid waste generated in Dakota County will not be affected by this fee. There will be no increase in the base rate on January 1,1992. Although Edward Kraemer & Sons strongly supports landfill abatement programs, this additional fee is not justified by any demonstrated finanical need on the part of Dakota County. Edward Kraemer & Sons worked diligently to prevent the imposition of an out-of-county surcharge, but was successful only in reducing the fee from a possible $7.50 per cubic T:r ' ($25.00 per ton). Edward Kraemer & Sons will continue to pursue all means posssible to further reduce or eliminate this surcharge. If you are concerned about this new tax, please call the Dakota County Commissioners personally at 438-4418. Starting January 1,1992, all haulers must disclose the origin of their load (city or township). If the load originates in more than one municipality, an estimate must be given disclosing the percentage of the load from each municipality. This disclosure is required at all landfill under provisions of the Minnsota Waste Management Act, Section 115A.882, Subdivision 2. The out-of-county surcharge will be based upon this disclosure. I have enclosed a revised rate sheet effective January 1,1992. Please call John Morley or myself if you have any questions on this matter. We appreciate your continued business with the Burnsville Sanitary Landfill. Sincerely, • Edward Kraemer & Sons, Inc. -27/44"— Robert D. Miller Vice President/General Manager BURNSVILLE LANDFILL&QUARRY 1020 WEST CLIFF ROAD BURNSVII I F, MINNESOTA 55337 612-890-3611 FAX,612-890-2996 MEgi iOpponv+ryEmployer :5;-°1,,;.x::3 ,. :}`.. 1: ' ' n 'tet'• 'Y'r• ifi t`��. .k•... en& EDWARD KRAEMER &SONS, INC BURNSVILLE SANITARY LANDFILL JANUARY 1, 1992 HO URS; DIRECTIONS- . Monday - Friday 6:30 am. - 430 p.m. One mile west of I-35W on Oiff Road, or Saturday 7:0 a.m. - 1130 1/2 mile north of Hwy 13 on Washburn Ave. Scale Phone: 890-3248 All Access Roads Rated at 10 Tons TOTAL WASTE ORIGIN BASE RATE ABATEMENT FEES' DISPOSAL FEE Dakota County 540.00 per ton S21.09 per ton S61.09 per ton Outside Dakota County 540.00 per ton 534.42 per ton $7t42 per ton Minimum load charges for ail vehicles are as follows: Car/Pickup/Trailer S30.00-S65.00, plus abatement fees Single Axle Truck 565.00 &up,plus abatement fees Double Axle Truck S75.00 & up,plus abatement fees Semi-Truck .... S125.00 &up, plus abatement fees SPECIAL FEES Mattresses and Box Springs.._....__._.... 515.00 each White Goods 515.00 each Tires (Car & Light Truck only).____r _.___ S5.00 each White Goods include: stoves, washers, dryers, refrigerators, freezers, residential furnaces, dishwashers, water heaters, air conditioners, microwaves, trash compactors, garbage disposals, humidifiers & dehumidifiers. 'Abatement Fees are taxes placed on the dLsposa/of mired rnunicpal so d waste. The fees are collected at the iandh7/and passed on to the rerpedive governmental entities for use in ie ycbng programs The rates are established by aty and County ordinance or State law as follows- Dakota Co. t2407 Non Dakota Co 0407 City of Burnsville_ 5233_..._..._. er ton $3.33perton p Dakota County $11.09per ton • $24!42per ton • State of S6.67perton .1,667pertan Total $21.09perton $3,142perton ALL UNCOVERED LOADS WILL BE CHARGED DOUBLE BURNSVILLE LANDFILL&QUARRY 1020 WEST CLIFF ROAD BURNSVILLE,MINNESOTA 55337 612-890-3611 FAX:612-890-2996 •,. ,;cam:,.,.":,iC.1. 4 I BUSINESS UPDATE FROM CITY HALL Vol. 6 No. 2 Dear Chamber Member: February 1, 1992 UnaWino work plan for City Council to evaluate in regard to this issue. The committee hopes There were 133 new homes constructed in to forward a work plan to City Council for Shakopee in 1991 with a value of their review and consideration in early $10,654,550. This compares with 100 March. new homes with a value of $7,488,490 in 1990. The appraisal of the property located south of the Sr. High School which is being The total number of building permits considered as a possible site for a issued in 1991 was 426 with a value of recreation complex has been completed. $18,513,241 . In 1990 the total number of On Jan. 21 , 1992 the Shakopee City permits issued was 381 with a value of Council decided to set up a Committee of $30,500,706. the Whole meeting with the School Board to discuss alternatives in regard to possible City Clerk acquisition. On Jan. 15, 1992 the Shakopee Energy and At their regular meeting on Jan. 7th, the Transportation Committee moved to City Council amended their Sunday liquor recommend termination of the Dial-a-Ride regulations to permit all on-sale liquor circulator which presently provides service establishments with a Sunday license to to the communities of Chaska, Chanhassen sell liquor on Sunday beginning at 11:00 and Eden Prairie. The route was created as a.m. in connection with the serving of a demonstration project in 1991 to be food. evaluated upon completion of the demonstration project (Dec. 31, 1991). Upon completing an evaluation of the project, it At their regular meeting on January 21st, became apparent that cost to provide the the City Council approved a parade permit service to the users was not effective. Upon for Back America's Courageous Military completing a survey of the ridership, it was (BACM) for May 16th, Armed Forces Day. discovered that approximately 60% of the Because precinct caucuses will be held on riders could be transported by Scott County March3rd, the City Council changed their Human Services. Termination of the service March 3rd meeting to March loth. will provide one additional vehicle in Shakopee to transport Shakopee residents during the peak Dial-a-Ride travel times. COM ill nil ity On Jan. 21 , 1992 the Shakopee City Council Develcpm ellt took action to merge the Downtown Committee with the Community The Municipal Facilities Committee that Development Commission. It was the was created to evaluate possible survey consensus of City Council that the techniques to be utilized to determine objectives of the Downtown Committee Shakopee resident's interest in the could be handled by the CDC. Several of possible development of a community the present Downtown Committee members center met on Jan. 22, 1992. The are also being appointed to the CDC to committee is in the process of preparing a provide for a smooth transition. • EriQineerirlQ\GLV GlarlrrirHo At their meeting on January 9, 1991 , the The City Council has ordered two Planning Commission approved a feasibility reports: one for Apgar Street Conditional Use Permit for Gemstone between 1st Avenue and 6th Avenue and Products Co. to operate a ready mix another for alleyway improvements in the concrete plant at 6896 Highway 101 . At downtown area. the January meeting, the Planning Commission also tabled their decision on a A public hearing has been set for February Conditional Use Permit application by Rahr 4, 1992 for the construction of a new road Malting Co. until May of 1992. This is to in the Industrial Park East of Valley Park allow time for a Comprehensive Plan Drive. amendment to be considered by City Council, and for an Environmental City Council has selected two additional Assessment Worksheet and all state and consultants to supplement the City's federal permits to be completed. The current engineering consultants (Orr Planning Commission is recommending to Schelen Mayeron) for performing work the City council the approval of the beyond City staff's workload capabilities. Comprehensive Plan amendment allowing The two consultants are private industrial wastewater treatment Stragar-Roscoe-Fausch, Minneapolis, MN facilities with restrictions. and William R. Englehardt & Associates, Chaska, M The Planning Commission also recommended to the City Council the Gar1:.S approval of an amendment to the City Ordinance which would allow outdoor storage within the Racetrack District when The Shakopee Park and Recreation regulated by performance standards. Department recently published a special Outdoor storage proposals would be three-fold brochure featuring its municipal reviewed by both the Planning Commission outdoor pool. The brochure will be and the City Council during the Planned included in with the tourism packets the Unit Development approval process. The Chamber of Commerce sends out. The Planning Commission recommended to the brochure includes information about the City council the denial of an application for pool's open swimming hours, swimming the rezoning of a 3.54 acre parcel from lessons, fees and special events. It also Racetrack District Light Industrial zoning. highlights some of the special features of the facility such as the sand bottom and At this same meeting, the Planning beach, the diving well and the 300 foot Commission recommended to the City waterslide. council the denial of the concurrent Preliminary and Final Plat for Minnesota Valley Sixth Addition, but recommneded approval of Lot I, Block 2 of the plat. The Commission also reviewed a proposal for a Preliminary Planned Unit Development for Beckrich Park Estates (35 single family lots), but tabled action on the proposal until their February meeting. MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Comprehensive Sewer Study DATE: January 29, 1992 INFORMATIONAL ITEM FOR COUNCIL Attached please find a status update for the Comprehensive Sewer Plan currently under study. Please contact me if you have any questions. Shakopee, Minnesota Comprehensive Sanitary Sewer Plan Budget Progress Report Date: For Period through 12/21/91 Section of SEH Project Percent Of Estimated Agreement and Phase No. Budget Expended Percent Complete Section 1.B.1 92056.00 71 82 80 Section 1.B.2 92056.00 72 1 2 Section 1.B.3 92056.00 73 12 15 Section 1.B.4 92056.00 74 17 15 Section 1.B.5 92056.00 95 1 5 Section 1.B.6 92056.00 96 1 1 Section 1.B.7 92056.00 97 12 10 Section 1.B.8 92056.00 98 5 5 Section 1.B.9.a,b 92056.00 99 2 2 Section 1.B.9.c 92056.03 32 87 87 Section 1.0 92056.01 32 0 0 92056.02 32 0 0 Section 1.D 92056.04 94 0 0 441 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: MWCC System Improvement Study for Upgrading the Chaska Wastewater Treatment Plant DATE: January 29, 1992 INFORMATIONAL ITEM FOR CITY COUNCIL: Attached please find a copy of the completed MWCC System Improvement Study (SIS) for upgrading the Chaska Wastewater Treatment Plant. This study is for the purposes of determining if a feasibility study, called a Planning and Design Report, should be done on the various options outlined. One of the alternatives that will be explored by the MWCC is running an interceptor through Shakopee to the Blue Lake Treatment Plant. Staff wanted to keep the City Council informed of all developments regarding this issue and will continue to monitor the MWCC' s progress in this regard. DH/pmp MWCC METROPOLITAN WASTE CONTROL COMMISSION 230 East Fifth Street St. Paul, Minnesota 55125 612/222-8423 SYSTEM IMPROVEMENT STUDY FOR CHASKA WASTEWATER TREATMENT PLANT SEPTEMBER 1991 SUMMARY SHEET PROBLEM This study finds that the Chaska Wastewater Treatment Plant will be operating at 960 of its rated hydraulic capacity and 93%. of its rated organic loading capacity in 1995 . Additional treatment capacity can be provided for Chaska by mid-1996 if a Planning and Design Report is initiated early in 1992 . ALTERNATIVES TO BE EVALUATED The alternatives to be evaluated in the Planning and Design Report include: A. New Plant, B. Expand Existing Plant, C. Modify Existing Plant, Supplement with Additional Plant, D. Interceptor to Blue Lake Wastewater Treatment Plant, E. Industrial Flow Reduction/Pretreatment, and F. No Action. SCHEDULE AND COST The Planning and Design Report would be initiated in March 1992 and approved by the Metropolitan Council in March 1993 . The estimated cost of the Planning and Design Report is $480, 000 . RECOMMEENDATION A Planning and Design Report should be initiated early in 1992 . Population and flow projections will be developed to substantiate the need for additional capacity at the plant. The report will recommend a course of action to ensure the timely provision of additional wastewater treatment capacity for Chaska. -1- CHASKA WASTEWATER TREATMENT PLANT SIS I. BACKGROUND INFORMATION A. Project Area. The city of Chaska is located on the Minnesota River and is the Carver County Seat. The City is physically divided by the Minnesota River bluffs. The older portion of the City lies along the banks of the river and is subject to flooding. The new part of Chaska is on the bluff and extends northward. It includes a developing industrial area. A large inventory of land on the bluff is undeveloped, but has water and sewer service already in place. Chaska is recognized as a free standing growth center in the Metropolitan Development and Investment Framework. B. Comprehensive Plan. Chaska submitted a proposed comprehensive plan amendment to the Metropolitan Council on August 14, 1990. The Chair of the Metropolitan Council determined that the amendment presented a potential impact on the metropolitan sanitary sewer system on August 27, 1990. The proposed amendment included sewered household, population and employment forecasts for 2000 and 2010 that are higher than those in the Wastewater Handling and Treatment Policy Plan. Projected wastewater flows for 1990 - 2010 are also higher. These forecasts indicate that the Chaska Wastewater Treatment Plant's capacity will be exceeded before 2000. The Metropolitan Council responded to Chaska 's proposed comprehensive plan amendment on November 21, 1990 with Resolution No. 90-54 . The Council resolved that because the wastewater flows proposed by Chaska for 2000 and 2010 exceed the Chaska WWTP's capacity, an additional comprehensive plan modification is required. The City must change the sewer element in Tier 1 of its comprehensive plan to limit new Residential Equivalent Connection's (RECs) to 150 additional RECs per year for 1991 through 1995 and to include the new industrial flow from LifeCore Biomedical, Inc. (a new industry in the City) as required by the Metropolitan Waste Control Commission's (MWCC's) industrial discharge permit. The Council also required that Chaska report the annual total of new RECs to the MWCC and that the City submit a program and schedule for reducing infiltration and inflow (I/I) to be considered as part of the MWCC's System Improvement Study (SIS) for the Chaska Wastewater Treatment Plant. Chaska is complying with these requirements. Evidence of Chaska's I/I Program is attached. -2- • C. LifeCore Industrial Discharge Permit. The MWCC intends to issue an Industrial Discharge Permit to LifeCore Biomedical, Inc. in November 1991. The permit will incorporate by reference an agreement between the City of Chaska and LifeCore which restricts LifeCore to a maximum discharge of 120, 000 gallons per day and a maximum organic loading of 350 pounds of BOD per day after the first year of operation. D. Industry. A list of Chaska's major industrial waste sources follows: American Crystal Sugar LifeCore Biomedical Circuit Board 1 Pies Inc. Data Forms Preferred Products Kallestad Labs 291 Qualitec Kallestad Labs 496 Softsoap Pies Inc. has approached the City with a request to expand its facility. Chaska has responded that expansion will be possible only if Pies Inc. is able to expand its facility without increasing its waste load beyond that of the current facility. II. CHASKA WASTEWATER TREATMENT PLANT A. Description. The Chaska Wastewater Treatment Plant (WWTP) is located in the older part of Chaska along the banks of the Minnesota River and discharges its effluent to the river. The facility is surrounded by a levee which offers flood protection. The Chaska Wastewater Treatment Plant is a pure oxygen activated sludge facility. The original Chaska Plant was constructed in 1963 with a design capacity of 0.75 million gallons per day (mgd) . The plant was converted to a pure oxygen activated sludge process in 1973. A plant expansion completed in 1980 increased plant design capacity to 1.4 mgd. Another major plant expansion was completed in 1988, increasing plant design capacity to 1. 66 mgd. This expansion was designed for a 20 year life, which was projected to supply needed capacity until 2005. The Chaska plant uses pure oxygen to provide secondary biological treatment. Unit processes consist of screening, grit removal, flow metering, oxygen activated sludge aeration, final sedimentation, chlorination, and dechlorination. Sludge is thickened with a gravity thickener and then pumped to a sludge holding tank or directly to the sludge loadout stand for trucking to either the Blue Lake WWTP or the Seneca WWTP for final processing. -3- B. NPDES Permit. The Chaska Plant discharges its effluent to the Minnesota River and is subject to secondary treatment effluent limits. The plant is currently operating under the requirements of its May 31, 1991 National Pollutant Discharge Elimination System (NPDES) permit which will expire on March 31, 1996. The permit is for a facility designed to treat an annual average flow of 1, 660, 000 gallons per day with a 5-day biochemical oxygen demand (BOD5) strength of 190 Milligrams per liter (mg/1) . The maximum monthly average flow rate is 2,780, 000 gallons per day. Effluent limitations are to be calculated using a flow of 2 .78 mgd. This NPDES permit should be renegotiated prior to constructing a new facility or modifying the existing facility. C. Design Capacity. In 1985, the following design criteria were used to size the existing plant: Design Year: 2005 Design Population: 11, 750 Design Flows: S Average Annual: 1.66 MGD Peak Month: 2.78 MGD (PF=1. 68) Peak Week: 3 .40 MGD (PF=2 . 05) Peak Hourly: 5800 GPM (PF=5. 03) Organic Loading (Maximum Month) 4400 lbs/day BOD NOTE: PF = Peaking Factor D. Rated Hydraulic Capacity. Using actual flow records for the ten year period from 1981 through 1990 and statistical analysis methods for 75 percentile level of certainty, (80 percentile level of certainty for Peak Hourly Flow) the following peaking factors were calculated: Peak Monthly Flow/Average Annual Flow = 1.50 ', Peak Weekly Flow/ Average Annual Flow = 1. 86 Peak Daily Flow/ Average Annual Flow = 2.48 ' � . Peak Hourly Flow/ Average Annual Flow = 3 .81 -4- These statistically derived peaking factors are less conservative than used in the 1985 plant design. Using the derived peaking factors and the design monthly and weekly flows for the plant, the average annual flow capacity can be calculated: , „..9 t Peak Month = 2.78 MGD / 1.50 = 1.85 MGD 1.1- 4 Peak Week = 3 .40 MGD / 1.86 = 1.83 MGD Statistically, the Chaska WWTP has the capacity to handle an average annual flow of 1.83 MGD.', E. Rated Organic Loading Capacity. Using actual flow records for the past six years (1986 - 1990) , the 75th percentile level of certainty for projected peaking factors and the 4400 lbs/day maximum monthly design loading results in a calculated annual average organic loading capacity of 3530 lbs/day BOD for the Chaska WWTP. ,A{400 '35�� F. Measured Flows and Loadings. A summary of the influent �,z44s flows and organic loadings since new flow meters were /.,:'"' installed as part of the plant expansion in 1988 follows: '' Average Maximum Annual Maximum � =- Annual Monthly Avg.BOD Month BOD `. Year Flow(MGD) Flow(MGD) (lb/day) (lb/day) 1988 1. 19 1.35 2660 3190 1989 1. 33 1.51 2596 2920 1990 1.46, 1.96 2670 3135 III. DESCRIPTION OF PROBLEM A. Hydraulic Capacity. Upon the recommendation of the aIsz Metropolitan Waste Control Commission and with concurrence from the Metropolitan Council, Chaska has 1.24 limited its development to 150 _REC's per year for five years (1991 - 1995) plus 1-20,-000 gallons per day from LifeCore. Assuming that each new REC will produce 220 gallons per day (gpd) , an additionalM , gp wi e roduced each years ""'"�` P year for the next five for a total 7.,4 6•r increase of 165, 000 gpd. The expected annual average 5,,,,, flow in 1995 would then be: ) 1.46 mgd + .17 mgd + . 12 mgd = 1.75 mgd An annual average flow, of 1.75 mgd represents 96% of the plant's rated capacity/(l.83 mgd) and 105% of the plant's design capacity (1. 66 mgd) . -5- B. Organic Loading Capacity. Chask J as limited LifeCore to a maximum organic loading of '350 pounds BOD per day. Assuming 200 mg/1 is representative for future domestic BOD concentrations, 750 new,-REC's (150 REC's per year x five years) each producing 220 gallons per day will produce 275 ledounds BOD 'per day. The expected annual average organic loading in 1995 would then be: 2670 lbs/day + 350 lbs/day + 275 lbs/day = 3295 lbs/day An annual average organic loading of 3295 lbs BOD per day represents 92% of the plant's rated capacity. C. Time frame for Providing Additional Capacity. Historically, Commission improvement projects take from seven to ten years from the time of inception until final project completion. A very aggressive schedule has been developed for providing the City of Chaska with additional treatment capacity (see attached) . A summary of the schedule follows: System Improvement Study Aug 91 - Jan 92 Planning and Design Report Mar 92 - Mar 93 Plans and Specifications Apr 93 - Sep 94 Real Estate Acquisition Jun 94 - Dec 94 Construction Jan 95 - Jun 96 D. Summary of Need. There is evidence that the Chaska WWTP will be near capacity in 1995. An aggressive planning and design schedule can allow the provision of additional capacity for the City by mid-1996. In order to ensure the timely provision of additional capacity to the City, a planning document must be initiated early in 1992 to: 1. Substantiate the need for additional capacity at the plant, and 2. Recommend a course of action. IV. ALTERNATIVES TO BE EVALUATED A. New Plant. Provide a new wastewater treatment plant for Chaska. This alternative will require a new site for a treatment plant. The existing plant would be demolished. B. Expand Existing Plant. Expand Chaska's existing wastewater treatment plant. Space for expansion is limited. This alternative may require purchase of adjacent lands. -6- C. Modify Existing Plant, Supplement with Additional Plant. The combination of the existing plant and a "small" additional plant would provide the City's required treatment capacity. A site would be needed for the new plant. D. Interceptor to Blue Lake WWTP. Provide a pump station and interceptor to convey Chaska 's wastewater to the Blue Lake Plant. The interceptor would need to cross the Minnesota River Valley and the existing plant would be demolished. E. Industrial Flow Reduction/Pretreatment. The potential for industrial flow and organic loading reductions would be addressed. Reductions would be analyzed with respect to impacts to the plant and the possibility to extend the time before the existing plant reaches capacity. This alternative would only provide an interim solution. F. No Action. This alternative would analyze the need for additional treatment capacity and present the impacts of providing no additional wastewater treatment capacity for Chaska until approximately 2005 as previously scheduled. V. PLANNING AND DESIGN REPORT SCHEDULE AND COST The Planning and Design Report is to be initiated in March 1992. It will be forwarded to the Metropolitan Council for review and approval in December 1992 . Following a 90 day review period, approval could be expected in March 1993 . The estimated cost of the Planning and Design Report is $ 480, 000. fn/sis.ch SAF/9/10/91 -7- tf4-4: K <i ;. [:-.?. t!"-rttl aska September 16, 1991 Ms. Sue Foley, Project Manager Metropolitan Waste Control Commission Mears Park Center 230 East Fifth Street St. Paul , MN. 55101 Dear Sue: I would like to thank you for taking time •to review the status of the Chaska Waste Treatment Plant expansion and to discuss current expansion issues. During our review, you indicated that the commission had not received a copy of the city' s updated Comprehensive Sanitary Sewer Plan. Attached is a letter dated December 6, 1990 to Ray Odde which forwarded to the Metropolitan Waste Control Commission the city's amendments to the Sanitary Sewer Comprehensive Plan. Specifically, the amendments were in response to Metropolitan Council requirement that the city establish a planning goal of 150 residential equivalency connections per year. The Chaska City Council approved the updated Comprehensive Sewer Plan at its December 17, 1990 meeting. Secondly, you asked for an update on the city's inflow and infiltration analysis. In December of 1990, the city contracted with Visa Sewer to complete a key manhole study to determine night flow measurements in Chaska. Attached is a letter from the city's consulting engineer which summarizes the results of that study and subsequent actions the city has initiated. For 1991, Chaska budgeted $35,000 to complete the first phase of the manhole inspection and repair program as outlined by the consult- ant. The work is presently underway and if the project is found to be successful , our intent would be to continue the program and complete 100% of the inspection and repair over the next four year period. City Of Chaska Minnesota; One City Hall Plaza 55318-1962 ` Phone 612/448-2851 Attachment n . 1 /5 Ms. Sue Foley September 16, 1991 Page 2 If the report is correct and 25-50% of the infiltration is due to leaking manholes and through the manhole repair program the city is successful in reducing the manhole problem by 50%, the total reductions in flows would range between 44,500 G.P.D. and 85,000 G.P.D. assuming total infiltration of 356,000 G.P.D. Finally, you requested information from the city concerning total gallons of waste water flowing from the Gedney plant in Chanhassen to the Chaska plant. After reviewing the data further, I found that the City no longer bills Gedney for sewer, but that Gedney estimates its volume and reports the data directly to MWCC. The City would be interested in reviewing the data from Gedney's since it may well be a significant BOD contribution. I have sent a second copy of the city's updated Sanitary Sewer Plan to Jack Frost at Metropolitan Council for his review. If you have any questions regarding this information, please contact me at your convenience. Sincere/41 y ' . //r,, Dave '• orney Ci ,e Administrator DP:jai Enclosure Attachment , p . 2/5 Otto G 8onestroo.P.E. Keen A.Gordon.P.E. Kennet t P.Anoersdn.PE. Maes 8.Jensen.P.E. Bo n e s t r o o Robert W Rosene.PE. Rctta d W Foster,PE. Mart R.Rous.P.E. L.Prwwp Gravel RI•P.E. JCsean C.Andertt.P.E. Donald C.6urgar t.P.E. Robert C.Russet.AlA. Rene C.Plumarl ek.Vt Ro s en a Mann('L.Somata.PE. Jerry A.6ovroon.P.E. Thomas E.Angus.PE. Agnes M.R.%A.IC.P. Rrchar0 E.Turner.P.E. mart A.Ranson.PE. howard A.Santoro.PE. Jerry O.Pertzscn,PE• . ;-.7:7 James C.Olson.PE. Tet K.freed.P.E. Oanrel J.Edgerton.P.E. Cecaro Olivie,.PE. Anderiik & Glenn R.Coot.PE. M<nael T.Rautrnann.P.E. Mark A.Seip PE. Robert R.Orepbv.PE. Thomas E.Noyes.PE. Ro en R.Pte"kne.P.E. PI p NJ.Caswell.PE. Gary W.Monen,P.E. Associates Rosen G.SCnurrcrx.P.E. Oa,:a 0 Lostota.P.E. Ismael Martinez.PE. Charles A.Enctson Susan M.Ebern.CPA Thomas W Peterson.PE. Mark O.Waurs.P.E. Leo M.Paweisty MeruN C.Lynch.PE. Thomas R.Anderson.A.I.A. Harlan M.Olson Engineers & Architects James R.Malano.P.E. Gary F.Rysander•P.E. January 29, 1991 City of Chaska - #1 City Hall Plaza Chaska, MN 55318-1962 - Attn: Mr. Steve Wilker Re: Chaska I/I Study Our File No. 92 Gen. Dear Mr. Wilker: A summary of the Visu-Sewer Report and my recommendations for rehabilitation of the - sanitary sewer system are contained in this letter. The "Night Flow Measurements for Chaska, MN December 1990" report was completed by Visu-Sewer involved the measuring of flows at 36 key manholes throughout the City. This divided the sanitary sewer system into 48 subsystems and gave an indication of infiltration in each subsystem. The flow measurements were one time measurements over several nights so some subsystems flows were erroneous due to the variation in night activities of some of the industries in the City. The results of the study was that I/I is spread throughout the system and no one large source was found. The manholes on the system were identified as the major source since 65 percent had signs of leaking in the past or were leaking during the study. Previous reports in 1977 and 1982 also identified manholes as an infiltration problem area and this report supported the same conclusion. A review of the Chaska flow records indicated the infiltration rates have varied over the years. In the 1982 Infiltration/Inflow Analysis 1978 and 1979 were identified as having an average I/I rate of 309,000 gpd while 1980 and 1981 were dryer and the rate was only 35,000 gpd. More recent data for 1989 indicates a rate near 356,000 gpd and 1987 was dryer at approximately 120,000 gpd. Generally the rate varies with the amount of rainfall for the year and the average over the last 12 years is approximately 206,000 gpd or 143 gpm. Even though this number is low compared to the last couple of years infiltration;inflow, it will be 1.s rrF used to determine a realistic cost evaluation for the City. - Pck r . , t�:) xT< ►sr.u . The Visu-Sewer report found 14 leaking manholes at an estimated 21.5 gpm which based on a $1.00 per thousand gallons costs the City $11,300 per year. �1 r-PF-'`- UJc- pf two »F Page 1. 92.COR 2335 West Highway 36 • St. Paul Minnesol. 55113 • 612-636-4600 Attachment . D . 3/5 Estimating $350.00 per manhole, it will cost $4,900 to grout up the leaking manhole. ombiningcosto u y,-$3,840.00, with the manhole repair, the total cost of the so/ w project is estimated at $8,740.00. This total could be recovered in less than 10 months based r '"°'' on this year's I/I rate or about 167 months based on the average I/I rate recovery. Since the City would recover its investment, it is recommended that these 14 manholes identified in cO the report be sealed as soon as your budget allows. %N;Pr Inspection of the entire sanitary sewer system is estimated to cost $47,500.00. This is based a`$5O00:per manhole for the 950 City manholes. From this inspection, the amount of rehabilitation would be determined. Based on the report's small sampling which recommend 39% of the manholes for sealing, it is estimated that about 33% of the manholes may require sealing. This is only an estimate which could vary after the inspection has been completed but at $350.00 per manhole for an estimated 315 manholes, the sealing cost• is estimated at $110,250.00. Add this sealing budget to the inspection budget results in a total . estimated cost of $157,750.00. The reduction in infiltration would probably be 25 to 50 percent of the total average infiltration or from 36 gpm to 72 gpm of the 143 gpm total. A recovery of the cost invested would be between 4.4 and 8.8 years depending on the actual amounts identified and removed. Another benefit of completing the manhole inspection is the data could be put on the computer and updated periodically. If 25 to 50 percent of the infiltration is due to leaky manholes then the remaining 50 to 75 percent of the infiltration is coming from other sources such as leaky pipes. An example of this was identified in December when the existing 18 inch corrugated metal pipe (CMP) was replaced by a 27 inch RCP pipe. On December 14, while the existing sewage flows were in the new pipe, the old pipe still had 1-1/2 inches of groundwater flowing in it which is estimated at 50,000 to 100,000 gpd. A review of December flows at the Chaska wastewater plant indicated an average of 1.355 MGD before Dec. 15 and 1.248 MGD after. The difference of 107,000 gpd could be due to removal of this leaky pipe but there may be other factors affecting this difference. The City could be saving $50.00 to $100.00 per day in MWCC charges by replacing this pipe. The cost of replacing the 18 inch CMP would be recovered in 4 to 8 years at today's infiltration rates or 7 to 14 years at the average infiltration rate. r • ;�., - �� -ft - a-� . '( r;. • Based on the above information, I recommend the City complete the manhole inspection and sealing program to reduce I/I and continue to replace the sewer lines included in their current plans. This program will prolong the life of the existing facilities by reducing clear water flows. The total cost estimated of $157,750.00 for the inspection and sealing budget is based on costs from Visu-Sewer for a one year program. The City may decide to spread the costs over several years and complete the manhole inspection with City employees. A five year approach would require the inspection of about 200 manholes per year. This would involve an estimated 160 hours for a three man inspection crew. May and June would identify more leaks because the groundwater is usually the highest at that time of year. A typical budget Paye 2. 92-GEi\.COR Attachment , p . 1/5 amount would be $10,000 for the manhole inspection and $25,000 for manhole sealing or a total of $35,000 per year for five years. Another approach over ten years would involve inspecting 100 manholes per year with a three man crew spending and estimated 80 hours. A typical budget amount would be $5,000 for manhole inspection and $15,000 per year for manhole sealing. The ten year annual budget would be $20,000 per year. Visu-Sewer has indicated that they would be willing to work with the City on any of these three programs proposed and they could put the information collected from the manhole inspection in a format usable to your computer system. Ken Anderson and I have discussed the results of this study and Ken plans to include additional watertight features on future manholes that are in low areas and are subject to infiltration inflow. Another suggestion has been to check all new manholes 6 to 12 months after construction and have any leaks repaired under the one year performance bond provided by the contractor. This additional inspection would require your approval. If you have any questions, I would be pleased to discuss this letter at any mutually convenient time. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Donald C. Burgardt DCB:li cc: Dave Pokorney`' Ken Anderson Page 3. 92-G EN.COR Attachment , p . 5 /5 R� �D <n�0 K p .+ :-..i.4.;',PK: o ro n r+"r. < < N � N� iL 61 D1 � f0 � N (O � N N (D � N ..�' fD n N !A (D ate° o,�w o m 3 �D c 0 � �1� rn� 9-3 3-� � . H 3 CL lra N. 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'"' k.---, ix• ° y y`< y `� °'C O < �DcO ° ~ C of fD �1 coo r rD w y w tp��w 0 �n00 O �0 no m ��N 00 P°i 61) m �5 d P°, F.d rd 3. ro aO, p ,,_r_,i U A 7 fD .,.rD !D rn CD c .-�O I `C O ° O O a X o .,moi•.f .� Vf ° ".� y '�.O<' ° r�D N f .r o <o < *w n m p xp •- a.- *Ii P d 77 fi.p o 5' A' 3 y 01 • .: , nomas 0mQO7yO � 0 ° bQ < P ,n ° n W.°j o J b ��� tR' �� �-..� ° G n mrDOw , N'0 rt"V1 .°. ^ asp yO , tia0 < ,, th• "f047 � 5 °'o- 7 p5, g n, 5 ?,, + iilu1 &itQ * � } moo0O8t,D'. CD nC17 0HitA ti ° •.'d nrD 0 O4 APj cr K3 � ' Uhiul oob " � A074 �yo1J1o ,. 3 o =. Am��+ � 7LLOPfrdfvfD 0�CP~ 01v �� 0 ° O 'w .T A,a ffa O4 7`< ,+l�rtD `� ..'. `.�. `G ° rt � jj G +0.¢'N O N 0•, ,m goo ..00 0 FL'. 0 O4 n o �7aNw o a ~^ OFFICIAL PROCEEDINGS OF THE CITY COUNCIL SHAKOPEE, MINNESOTA COMMITTEE OF THE WHOLE JANUARY 28 , 1992 Mayor Gary Laurent convened the meeting of the Committee of the Whole at 5 : 05 P.M. with Councilmembers Joan Lynch, Robert Sweeney, Gloria Vierling, and Michael Beard present. Also present were Dennis R. Kraft, City Administrator; Barry Stock, Ass 't. City Administrator; Karen Marty, City Attorney; Judith S. Cox, City Clerk; Dave Hutton, Public Works Director; Lindberg Ekola, City Planner; and Gregg Voxland, Finance Officer. Sweeney/Vierling moved to approve the Minutes of December 17 , 1991. Motion carried unanimously. Mr. Kraft reported that two weeks ago he and the Mayor met with members of the Board of Directors of Minnesota Valley Restoration Project, Jake Manahan and Dr. Pistulka. Mr. Manahan and Dr. Pistulka reported on the concessions and activities at Murphy' s Landing and advised that Marge Henderson has resigned as did Jeff Henderson, Manager of the restaurant. They explained that they are looking for a new director and that they wanted to meet with the City Council to voice their concerns as to where Murphy' s Landing is going. Mr. Manahan, Chairman of the Board of Directors, explained that two people have left the site (Marge Henderson and Jeff Henderson) , acknowledged that there are new members on the City Council not familiar with the relationship between the City and Murphy' s Landing, and stated that he wanted to meet with the City Council to clarify their relationship with the City Council. Mr. Manahan gave a brief background on Murphy' s Landing from its inception in the 1960 ' s to the present. He stated that things are looking good at Murphy's Landing, but that the success over the past five years is a result of the energy of Marge Henderson. He explained that a new person will bring a different level of energy. He explained that in the future they will be looking for outside funding and that it is important to have the support of the local community. He acknowledged the financial support they have received in the past from Scott County and the City. He explained that Murphy ' s Landing has become a tremendous asset to the City and a responsibility, an asset which deserves preserving. He is looking for a commitment to figure out what the City could do to work together with Murphy' s Landing while not costing the City a lot of money. Mr. Manahan explained that when he met with the Mayor there were three specific requests/suggestions discussed to begin the process of a relationship with the City: 1) City provide benefits for their four employees, 2) City pay for cost of the audit, and 3) assistance on water and sewer charges. He emphasized that the Official Proceedings of the January 28, 1992 Committee of the Whole Page -2- underlying issue is what the relationship between the two entities is going to be in the long run. Cncl.Lynch asked what other cities do or do not do in similar situations. Mr. Manahan stated that he did not know and that he had not looked into it. Cncl.Beard asked what the Murphy' s Landing budget is. Mr. Manahan enumerated on the budget for last year totalling approximately $375, 000 . 00, which is down slightly from the previous year. Cncl. Sweeney asked how the Stans proposal to Scott County might affect Murphy' s Landing. Mr. Manahan explained that Mr. Stans has given Murphy' s Landing $25, 000 to $50, 000 each year over the past 10 years and that this is stopping. Mr. Sweeney noted that there have been conditions placed on the money from the County and from Mr. Stans, but that there were none on the money from the City. Mr. Sweeney noted that any funds provided to Murphy' s Landing from the General Fund would necessitate reductions in the budget for other City items. Mr. Sweeney stated that other items would not come from the General Fund such as the storm sewer costs and would not have the same effect. Mr. Kraft stated that the City Council may want to explore other low cost items that the City could do, such as road grading, snow plowing, doing their audit with the City' s, and shared accounting systems. He also suggested that funds may be available from service clubs ' gambling proceeds, which must be spent within the City. The City Attorney cautioned that City funds must be for public purpose. Cncl.Vierling asked if any thought had been given to making it an educational facility. Has anyone checked with the schools? Mr. Manahan stated that, in the long haul, the project will slowly drift. There needs to be a way to integrate it without the City writing a blank check. He wants to start the process to think it out. Mayor Laurent stated that maybe the City can explore ways that will not cost the General Fund. Dr. Pistulka stated that Mr. Manahan has done a good job bringing the City Council up to date on Murphy' s Landing. There is no longer fighting between the Scott County Historical Society and Minnesota Valley Restoration Project, Inc. He explained that they have the opportunity to hire a new director and that they have received 21 applications with 4 to 6 very good candidates. He explained that during the interviewing of the candidates, they are Official Proceedings of the January 28, 1991 Committee of the Whole Page -3- going to want to know how much support there is from the local area. He said that they need to be able to say that the County and the City are for us and that they are looking for ways to help. Vierling/Lynch moved to recommend to City Council that they explore possible ways to assist Murphy's Landing and their impact on the City budget; to include, but not limited to: water & sewer costs, benefits for employees, park dedication funds, using city parkkeepers, audit, and insurance costs. Motion carried unanimously. The Mayor advised Mr. Manahan and Dr. Pistulka that they were welcome to give input to staff. Vierling/Beard moved to recommend to City Council that the Board of Soil and Water Resources be notified that the City of Shakopee will assume the responsibility for administering the Interim Wetlands Program. Motion carried unanimously. Sweeney/Lynch moved to adjourn. Motion carried unanimously. Meeting adjou7ed at 6: 00 P.M. ' 14a/L d -L/X.:, J )ith S. Cox C. y Clerk Recording Secretary 14-i '7 TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Police Confiscations DATE: January 30, 1992 The purpose of this memo is to inform Council of the role of the Finance Department in transactions related to police confiscated material. Pursuant to the discussions of May 29, 1991 regarding the handling of confiscated goods, I understand that there are two legally permissible ways to deal with the issue of control and accountability for confiscated property. One is to have all the activity retained in the Police Department with no transactions flowing through the normal financial processes of the City. However, the annual financial report of the City would have to have to show this activity because the Police Department is part of the City. Council, Finance/Treasurer and Administration would not be involved in internal control, purchasing, expenditure or receipting of funds or material related to confiscations. Because the Treasurer has no control or knowledge of any of the assets involved, he/she can not be held responsible for any of the activities related to those assets. The other alternative is be to have all confiscated monies receipted by the City and put in a special fund for police usage. Goods would be city property and recorded as fixed assets, if appropriate. Contraband would be retained by the Police Dept. for proper disposal or interim use. Except for contraband purchases, the normal process for purchasing and disposal of assets would be used. For contraband purchases the Police Chief could have monies (i.e. $2,000 - $5,000) under his control, similar to "petty cash" and would turn in a voucher for "miscellaneous expenses" when his/her funds need replenishment. I have reviewed the two alternatives with four other cities and two of the cities use each approach. The attached material from the City Attorney indicates that the first approach is permissible and this is the approach currently in use in Shakopee. Based on the requirements placed on the City by the state and the accounting profession for auditing, accountability, internal control and legal compliance, I believe that the second approach should be used. The transactions are recorded in the books of the city, audited and have oversight and control within the established policies and procedures. The confidentiality of contraband purchasing is preserved by the use of the "petty cash" type of arrangement controlled by the Police Chief. Again, this memo is informational to advise Council that some monies of the City are not flowing through the office of the Treasurer, as apparently permitted by statute and no action is requested. TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 4, 1992 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] Approval of the Minutes of January 21st, and 28th, 1992 10] Communications: Rod Krass regarding Link/Houser property 11] Public Hearings: a] 7 : 00 P.M. Hearing - Proposed Assessments for 6th Avenue Street Light - Res. No. 3538 b] 7 : 30 P.M. Hearing - Proposed Improvements for Unnamed Street to Bergquist Property, Project No. 1992-1 - Res. No. 3539 [BRING FEASIBILITY REPORT] 12] Boards and Commissions: Energy & Transportation Committee: *a] Southwest Metro Dial-A-Ride Circulator Phase Out *b] Work Place Dial-A-Ride Demonstration Project Continuation 13] Reports from Staff: a] Vacant Police Sergeancy - tabled 1/21/92 *b] Consultant Agreements *c] Wetlands Regulation d] Fleet Size *e] Purchase of 1992 Dump Truck TENTATIVE AGENDA February 4, 1992 Page -2- 13] Reports from Staff continued: *f] 1991 Interfund Transfers g] Uniform Provision for Police Chief and Deputy Chief *h] Approve Bills in the Amount of $160, 943 . 31 *i] Application for Temporary Liquor License j ] Swimming Pool Repairs *k] Sand Creek Water Management Organization Appointment 1] Authorize Ad for Bids for Sewer Jetter and Loader *m] Remove "Acting" From Deputy Police Chief Title *n] Murphy' s Landing 14] Resolutions and Ordinances: *a] Res. No. 3541 - Requesting Use of State Owned Building for Police and Fire Training *b] Res. No. 3540 - Approving Premises Permit for Knights of Columbus *c] Res. No. 3536 - Appointment to Board of Review d] Res. No. 3537 - Setting A Public Hearing on Improvements to Vierling Dr. Between CR-79 and CR-17 , Project No. 1992-3 *e] Ord. No. 330 - Amending City Code Relating to Refuse and Recycling Regulations f] Res . No. 3542 - Authorizing Appropriate City Officials to Enter Into Certain Contracts Without Further Council Approval g] Res. No. 3543 - Initiating Vacation of Easement in Lot 1, Block 3 , Evergreen First Addition 15] Other Business: a] b] c] d] 16] Recess to an Executive Session to discuss collective bargaining 17] Re-convene 18] Adjourn to Tuesday, February 18, 1992 , at 7 : 00 p.m. Dennis R. Kraft City Administrator REMINDER: Council will meet as a Committee of the Whole on February 11th at 7 : 00 P.M. with the School Board TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Meeting February 4 , 1992 1. Roll Call at 7 : 00 P.M. 2 . Approval of the January 7, 1992 Meeting Minutes 3 . Rehab Grant Program Amendments 4 . Other Business a) b) 5 . Recess for an Executive Session to follow City Council Meeting to discuss offers for property transaction. 6. Reconvene HRA 7 . Adjourn Dennis R. Kraft Executive Director OFFICIAL PROCEEDINGS OF THE HOUSING & REDEVELOPMENT AUTHORITY Regular Session Shakopee, Minnesota January 7 , 1992 The City Clerk administered the oath of office to newly appointed Commissioners Gary Laurent, Michael Beard and Joan Lynch. City Administrator opened the meeting with Commissioners Laurent, Sweeney, Vierling, Lynch and Beard present. Also present: City Clerk, Judith Cox; City Attorney, Karen Marty; City Engineer, Dave Hutton; Assistant City Administrator, Barry Stock; and City Planner, Lindberg Ekola. Vierling/Laurent moved to approve the December 3 , 1991 meeting minutes as presented. Motion carried unanimously. Vierling/Lynch moved to nominate Robert Sweeney to the office of HRA Chairman. City Administrator asked for further nominations three times (as required by policy) . There were no further nominations. Vote in favor of Commissioner Sweeney for Chairman; Ayes: Lynch, Vierling, Laurent and Beard Noes: Sweeney Chairman Sweeney was handed the gavel and continued the meeting. Vierling/Lynch moved to nominate Michael Beard to the office of HRA Vice Chairman. Requests for further nominations were repeated three times. There were no further nominations. Chairman Sweeney requested that the minutes show that a unanimous ballot was cast for Michael Beard for Vice Chairman. Lynch/Sweeney moved to nominate Gloria Vierling to the office of HRA Secretary. Requests for further nominations were repeated three times. There were no further nominations. Chairman Sweeney requested that the minutes show that a unanimous ballot was cast for Gloria Vierling for Secretary. Laurent/Vierling moved to continue with the Rehab Grant Program for 1992 subject to further review at the year of one year, with $25, 000 to be allocated from the HRA fund balance. Motion carried unanimously. Laurent/Lynch moved to direct staff to review the Rehab Grant Program's specifications as it relates to aesthetic value of an improvement. Motion carried unanimously. Laurent/Vierling moved to recess to the Executive Sessic,n at the conclusion of the City Council meeting. Motion carr3cd unanimously. Meeting recessed at 7 :40 p.m. Chairman Sweeney re-convened the meeting at 10:40 p.m. There was no action taken during the Executive Session of the H.R.A. Laurent/Lynch moved to adjourn at 10:40 p.m. Motion carried unanimously. Dennis Kraft Executive Director Jane VanMaldeghem Recording Secretary # 3 MEMO TO: Dennis R. Kraft, HRA Executive Director FROM: Barry A. Stock, Assistant City Administrator RE: Rehab Grant Program Amendments DATE: January 30, 1992 INTRODUCTION AND BACKGROUND: On January 7, 1992 the Shakopee HRA directed staff to review the Rehab Grant Program Amendments in regard to what constitutes customary and normal maintenance specifically in regard to roof and window repairs. The Shakopee HRA felt that several possible amendments to the guidelines were needed to clarify eligible program expenses. Due to the amount of staff time allocated to the 1992 Pay Plan over the past several weeks, staff has not had the opportunity to adequately address the concerns raised by the HRA. Staff fully intends to have this item completed for the HRA's review and consideration at their March meeting. ACTION REQUESTED: No action is necessary. MEMO TO: Dennis R. Kraft, Executive Director, Shakopee HRA FROM: Barry A. Stock, Assistant City Administrator RE: Purchase Offers - 5th Avenue/Market Street (Executive Session) DATE: January 31, 1992 INTRODUCTION: On January 7, 1992, the Shakopee HRA reviewed two purchase offers for the property adjacent to the 5th Avenue/Market Street Project. (See Attachment #1) It was the consensus of the HRA to reject both offers with a counter offer to be made to both parties in the range of $100, 000. 00 for the entire 2 .94 acres. BACKGROUND: Shown in Attachment #2 is a correspondence from Ms. Jane DuBois, the City of Shakopee's Real Estate Agent in regard to Mr. Rutt's offer for the aforementioned property. Mr. Rutt has resubmitted his original offer in the amount of $72 , 500. 00. Included with Ms. DuBois' correspondence is an analysis that was submitted by Mr. Rutt which served as the basis for his offer. Note that Mr. Rutt's offer includes $24, 500. 00 for clean up costs associated with developing the site. Mr. Dave Brown and Mr. Bill Klein have also submitted a counter offer in the amount of $75, 000. 00. This offer is based on a contract for deed arrangement and is contingent upon soil tests meeting the satisfaction of the buyers. Soil tests will be taken at the buyers expense. The Brown/Klein contract for deed offer is based on a $10, 000. 00 down payment with semi-annual installments in the amount of $3 ,250.00 including interest at the rate of 10% per annum computed on unpaid balance. The entire balance of the contract shall be due and payable in full no later than one year from the date of closing. Both offers indicate hesitancy on the part of the buyers due to the alleged clean up costs that will be necessary to develop the project. Staff has been in contact with several of the residents surrounding the property to determine the extent of dumping that took place at the site. Several property owners have stated that a portion of property was occupied by a former dump that consisted of construction debris and tree stumps. Jeff Swenson, Engineering Tech. who was the Inspector for the 5th Avenue/Market Street Project has also commented that when the 5th Avenue/Market Street Project was constructed that the City encountered significant construction debris which had to be hauled away. Staff has requested Mr. Swenson to complete a visual inspection of the property in an attempt to verify the extent of dumping. Mr. Swenson' s report will be presented at the Executive Session. Staff believes that it might be cost effective for the HRA to complete further due diligence of the site prior to selling it. Staff believes that the HRA could contract for backhoe services for less than $1, 000. 00 to determine the overall extent of dumping at the site. However, at this time due to frost conditions it would be prohibitive to pursue this course of action. In light of the concern regarding demolition debris on the site and the significant impact it could have on the sale price of the property, staff believes that it would be appropriate to preform further due diligence on the property and reject both offers at this time. The idea of using a backhoe to do some digging on the site would have to be postponed until at least March. The HRA has the option of either rejecting both offers at this time or making a counter offer. ALTERNATIVES: 1. Except Mr. Rutt's offer in the amount $72, 500. 00 for 2 .94 acres with the City responsible for all pending assessments and reject Mr. Brown and Mr. Klein's offer. 2 . Except Mr. Brown and Mr. Klein' s offer in the amount of $75, 000.00 on a contract for deed for 2 .984 acres with the City responsible for all pending assessments and reject Mr. Rutt's offer. 3 . Reject Mr. Brown and Mr. Klein's offer and reject Mr. Rutt's offer. 4. Reject both offers and make a counter offer to both parties in the amount of $ 5. Direct the appropriate HRA officials to perform additional due diligence on the site utilizing a contractor who has a backhoe at a cost not to exceed $1, 000. 00. 6. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative No. 3 and 5. ACTION REQUESTED: Reject Mr. Brown and Mr. Klein's offer and reject Mr. Rutt's offer and direct the appropriate HRA officials to perform additional due diligence on the site utilizing a contractor who has a backhoe at a cost not to exceed $1, 000. 00. BAS/tiv TAMI/5TH-BIDS \ ------ _____----- 464 -- \ / ,\/ /, I , , (5' I it, MAIN I ' : . .:.--j :• : : : 010 1.1";4 • • : . : \ NA A, R k ET ____--------\ ; c c i r'-- Wilk ! C > 11I /".---- 1 444Victi.,teN4 *Z. A MEMBER Of TOL SEAR:E*AN[.IAE NE t WOf4P COLDWELL EIANKe.R o BEST HOMES 3275 MARSCHAL.ROAD SHAKOPEE.MN 55379 January 20 , 1992 BUS (6 i)) 4455640 FAXSII Mr. Robert Sweeney ERA Chairman Shakopee City Council Shakopee, MN 55379 Re: 5th Avenue/Market Street Property Dear Bob: In response to the counter offer presented by the HRA on the above property, the counter offer from Dave Brown has been rejected. The counter offer has also been rejected by David Rutt. Mr. Rutt is interested in purchasing the property at his initial cash offer of $72,500.00 with a 30 days closing from time of acceptance. He feels that is a fair offer based on the cost for land clean-up, platting, surveying, marketing costs and minimal profit. . 1 am submitting an analysis from Mr. Rutt which should help to exr•lain the basis for his offer. Mr. Rutt has also indicated that a quick response is necessary. He is planning on building on one of the lots as soon as possible so as to capitalize on the current low interest rates. If an agreement cannot be reached, he will build elsewhere. In conclusion, I have been marketing these lots since June 28, 1991 . I believe the offer presented by Mr. Rutt is a fair offer for unplatted land in the City of Shakopee. It is unrealistic to expect a developer to pay $100, 000 for unplatted land that has a potential for a maximum of six lots . I look forward to a response as soon as possible . Thank you. Sincerely, Jane DuBois, Broker cc: Dennis, Kraft Barry Stock Gary Laurent, Mayor Gloria Vierlin An Ir ji �MlgQi ad Operate Member of Coldwell Banker Residential Affiliates, Inc. Joan Lynch • 5th Avenue/Market Street (Gelhaye Property) Estimated Property Value $129, 000 . 00 ($21, 500 x 6 lots) Less 10% sales fees $ 12, 900 . 00 Clean up dump site $ 24, 500 . 00 Surveying & Plotting $ 4, 000 . 00 Trim trees & misc. expense $ 5, 000 . 00 Carrying Cost $ 10, 100 . 00 Misc. Fees $ 2,500 . 00 TOTAL ESTIMATED EXPENSE $ 59, 000 . 00 PROPERTY VALUE AS IS $ 70, 000 . 00 CITY OF SHAKOPEEN. INCORPORATED 1870 �4 EKQ • 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379-1376 (612)445-3650 ✓ :r• ` . f January 31, 1992 • To Whom It May Concern: As Project Inspector for the 5th Avenue/Market Street Project. I was witness to the removal of a portion of the landfill area which consisted of materials from unsuitable street soils to concrete, asphalt, brick, iron, stumps and a few tires. The fill area has a very definite boundary as to its location and depths are assumed from the north edge to top of curb on the property in question. I have mapped its location in the survey and also shot elevations by hand level to establish the cross sections as noted. I have done average end area volume calculations to estimate the volume of fill to be removed and disposed od at Dem- Con for a fee of $3 . 50 per cubic yard. To estimate a total cost, excavate, haul and dispose lets say $7 .50 x 2000 cubic yards = $15, 000. 00. It is my opinion that this amount is the bare minimum to be expected for 2 reasons; 1) There is a number of trees growing on the fill area, assume $2 , 000. 00 lump sum for removal, 2) This volume assumes a line grade from top of curb to north edge of fill area, it is known that there once was a swamp area in the vicinity, so this area could have once been a depression. Jeffrey Swenson Engineering Technician (/-1714/4/6 The Heart Of Progress Valley AN EQUAL OPPORTUNITY EMPLOYER OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA JANUARY 21, 1992 Mayor Laurent called the meeting of the Shakopee City Council to order at 7 : 00 p.m. , with Cncl. Vierling, Sweeney, Beard, and Lynch present. Also present: City Administrator, Dennis Kraft; Assistant City Administrator, Barry Stock; City Clerk, Judith S. Cox; City Attorney, Karen Marty; City Planner, Lindberg Ekola; and City Engineer, Dave Hutton. Mayor Laurent read the City' s non-discrimination policy. Sweeney/Vierling moved to approve the agenda, with the additions to "other business" of : 14a) Request for reimbursements and 14b) Resolution No. 3534 , and with the deletion, under "reports from staff" of: 12e) Consultants agreements, and a change in the published time to which to adjourn on Tuesday January 28th. Motion carried unanimously. Liaison reports: Cncl. Lynch attended the meeting at Murphy' s Landing, where she stated applications are being taken for the director ' s position with plans to interview in a couple of weeks. She added they have an interest in meeting with the City Council and the Committee of a Whole. Cncl. Vierling gave her liaison report stating she had attended the Metro Government Task Force meeting. Mayor Laurent stated he had attended the Transportation Coalition meeting, where prime discussion centered on obtaining matching funds from the state. He also gave his report on his meeting with the school board chairman and superintendent, with prime discussion on land acquisition possibilities . He noted other meetings attended and those he plans to attend in the next couple of weeks. Mayor Laurent asked for comments from anyone in the audience wishing to speak on any item not on the agenda. There was no response. Vierling/Sweeney moved to approve the consent business with the deletion from consent business of: 8) Approval of the January 7 , 1992 meeting minutes, and 13e) Resolution 3524 ; and the addition to consent business of: 14b) Resolution No. 3534 . Motion carried unanimously. Vierling/Beard moved to approve the meeting minutes of January 7 , 1992 with the correction under the discussion for change of Sunday On-sale liquor time, which should state that "Cncl . Vierling stated she IS in favor of 12 : 00 Noon, but is willing to look at 11 : 00 a.m. " A second correction noted was: " BEARD/Lynch (not Vierling/Lynch) offered Resolution No. 3521, A Resolution of Appreciation to Leroy Houser, and moved for its adoption" . Motion carried unanimously. Official Proceedings of the January 21, 1992 Shakopee City Council Page -2- Carol Friendshuh, 849 South Main, Shakopee, representing Back American's Courageous Military (BALM) was present before the City Council to request approval for their 1992 parade; parade to be held May 16, Armed Forces Day. Sweeney/Vierling moved to authorize staff to issue the parade permit for Back American's Courageous Military. Motion carried unanimously. Vierling/Sweeney moved to receive the correspondence from Robert F. Vierling, dated January 11, 1992 regarding a 1986 injury and forward said correspondence to the city attorney for appropriate action. (Motion carried under consent business) . Vierling/Sweeney moved to receive and file the correspondence from Robert F. Vierling, dated January 10, 1992 regarding occurrences over the years. (Motion carried under consent business) . The City Planner stated that the Planning Commission, at their meeting of January 9, 1992, moved to recommend denial of the rezoning of a 3 .54 acre parcel from Racetrack District (RTD) to Light Industrial (I-i) . Their reasons for denial are: 1) This rezoning is contrary to the RTD Land Use Study approved by the City Council in 1986 and the draft comprehensive plan; 2) This rezoning is being requested for a small parcel and piecemeal development could occur; 3) The area of the lot proposed for rezoning does not follow the lot lines of the platted lot; 4) The types of permitted and conditional uses in the I-1 district are not compatible with those in the RTD; 5) The parcel is located near the entrance to the racetrack. Rod Krass, attorney for the applicants, was present for discussion. He stated that when the RTD was established, it was done for racetrack growth, which has not happened. However, he added, that if this area was rezoned to I-1, development could occur. Discussion took place on Mr. Krass 's statements, the landlocked parcel, and any future study being planned for the RTD. The Councilmembers requested assurance from the City Planner that a review of the RTD would be done in 1992; the assurance was given. The City Council requested the City Planner and the City Attorney to examine ways to clean up a landlocked parcel. Vierling/Beard offered Ordinance No. 329, An Ordinance of the City of Shakopee, Minnesota, Amending the Zoning Map to Rezone the East 466. 69 feet of Lot 1, Block 1, Behringer's 1st Addition, from Race Track District to Light Industrial, and moved for its approval. Motion failed unanimously. Official Proceedings of the January 21, 1992 Shakopee City Council Page -3- The City Planner stated that at the Planning Commission meeting of January 9 , 1992 the Planning Commission moved to recommend adoption of amending the code to allow outdoor storage in the RTD. He added that the Planning Commission is of the opinion that outdoor storage, within the RTD, should be allowed but should be regulated through performance standards. Sweeney/Lynch offered Ordinance No. 328 , An Ordinance of the City of Shakopee, Minnesota, Amending City Code Chapter 11, Land Use Regulation (Zoning) , by Repealing Section 11. 36, Race Track District (RTD) , Subd. 4 , "Performance Standards" and Adopting One New Subdivision in Lieu Thereof, Relating to the Same Subject, and moved for its adoption. Motion carried unanimously. The City Planner stated that at the January 9 , 1992 Planning Commission meeting, the Planning Commission moved to recommend a comprehensive plan amendment that would add several policies to the sanitary sewer element of the 1980 Shakopee Comprehensive Plan. Discussion ensued on the SAC charges and credits for the City should this amendment be adopted. The City Planner stated that if the city maintains the annual 230 SAC unit demand, the City could retain collected SAC revenues for over 20 years. John Alsip, 27940 Smith Town Road, Excelsior, President of Rahr Malting, stated the adoption of this resolution would allow Rahr Malting to construct a private wastewater treatment facility and allow them to be competitive with others in the marketplace. Sweeney/Lynch offered Resolution No. 3530 , A Resolution of the City of Shakopee, Minnesota Amending the 1981 Comprehensive Plan to Allow Private Industrial Wastewater Treatment Facilities in the City, and moved for its adoption. Motion carried unanimously. Mayor Laurent stated that the discussion of the preliminary and final plat of Minnesota Valley 6th Addition and the request for reimbursement would be in his conflict of interest. Mayor Laurent passed the gavel to Vice Mayor Vierling and took a seat in the audience. The City Planner stated that at the January 9 , 1992 Planning Commission meeting, the Planning Commission moved to recommend denial of the concurrent preliminary and final plat of Minnesota Valley 6th Addition, with the exception of Lot 1, Block 2 . Randy Laurent, developer, stated that the Planning Commission recommendation for approval of one lot would be acceptable to them, with the conditions set forth. Lynch/Sweeney offered Resolution No. 3529 , A Resolution of the City of Shakopee, Minnesota, Approving One Lot and One Outlot on the Official Proceedings of the January 21, 1992 Shakopee City Council Page -4- Preliminary and Final Plat of Minnesota Valley, 6th Addition, and moved for its adoption. Motion carried unanimously. The City Clerk stated that when the sewer and water were installed in County Road 16, they were installed on the north side of the street rather than down the center, which caused a longer distance for the properties to the south to connect to the sewer and water. She added that the city agreed to share in the cost to bring sewer and water to the south for the developer of Eagle Creek Junction Addition and entered into an agreement in 1987, to participate in 78.8 percent of the cost of four water and sewer lateral crossings. Sweeney/Beard moved to authorize the payment of $11, 152 . 66 to Laurent Builders, Inc. , for reimbursement of a portion of the cost of crossing Eagle Creek Boulevard with sewer and water, pursuant to the agreement between Inca Development and the City dated December 7, 1987, with the provision the funds come from the Special Assessment Fund. Motion carried unanimously. Mayor Laurent resumed his seat at the Council table. Vice Mayor Vierling passed the gavel to Mayor Laurent. Sweeney/Vierling moved to table consideration of the appointment of Officer Clark to the position of Police Sergeant until the Council meeting of February 4, 1992 . Motion carried unanimously. Vierling/Sweeney moved to authorize the purchase of two full-sized squad cars from Superior Ford in the amount of $26, 321, under the Hennepin County contract. (Motion carried under consent business) . The Assistant City Administrator stated the Council should discuss whether or not property negotiations should proceed with the property owner and/or school district for the 57 acres located south of the Shakopee Senior High School. Cncl. Sweeney stated this discussion should come before the Committee of the Whole, to meet with the school board, to discuss financing avenues. Mayor Laurent stated this issue should first be handled in the Executive Session of the City Council in order to give staff more explicit guidelines and discuss the appraisal amount. Vierling/Beard moved to table the authorization to the appropriate city officials for negotiations with the school district and the property owner for the acquisition of the 57 acres located south of the Shakopee Senior High School, to the Executive session, which will follow the regular City Council agenda, in order to move it on to the Committee of the Whole. Motion carried unanimously. Official Proceedings of the January 21, 1992 Shakopee City Council Page -5- Sweeney/Vierling moved to grant the request by Officer Carlson for the use of up to 60 hours of sick leave for Golden Gloves Boxing trips and shows in 1992 . Motion failed unanimously. Sweeney/Vierling offered Resolution No. 3532, A Resolution Changing the First Council Meeting of March from March 3 , 1992 to March 10, 1992 and moved for its adoption. Motion carried unanimously. Vierling/Sweeney moved to approve the bills in the amount of $2 , 085, 091. 10 as presented; of this amount, $1,812 , 647 . 87 is debt service. (Motion approved under consent business) . The City Clerk reported on the results of the Council vote for the appointment to the Police Civil Service Commission: Marcia Spagnolo received a unanimous vote. Sweeney/Vierling moved to suspend the rules regarding nominations of board and commission members. Motion carried unanimously. Vierling/Sweeney moved to nominate Jim Link to the Housing Advisory and Appeal Board and Building Code Board of Adjustments and Appeals; and nominate Ken Scannell to the Cable Communication Committee and the Access Corporation Board of Directors; and Richard Marks, and Steve Clay subject to his acceptance, to the Board of Review; and, waive procedural policy so that their appointments can occur tonight. Motion carried unanimously. Discussion was held on the number of Council members that should be on the Board of Review. It was decided that if Steve Clay accepted this nomination, two Council members would serve -- Cncl. Vierling and Cncl. Sweeney; if the appointment was not accepted by Steve Clay, then three Council members would serve --Cncl. Vierling, Cncl. Sweeney and Cncl. Lynch. Vierling/Beard offered Resolution No. 3523 , A Resolution Appointing Individuals to Various Boards and Commissions and moved for its adoption. Motion carried unanimously. Vierling/Sweeney moved to approve the purchase of one 386-33 Mhz PC from PC Tailors, Roseville, for a cost of $1, 420 and one NEC 386SX PC from Ameridata for $2 , 015 for a total cost of $3 ,435. (Motion carried under consent business) . Vierling/Sweeney offered Resolution No. 3526, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for the Jackson Street/Harrison Street Project between 11th Avenue and 12th Avenue, Project No. 1991-2 . , and moved for its adoption. (Motion carried under consent business) . Vierling/Sweeney offered Resolution No. 3527 , A Resolution Amending Resolution No. 3517 (Ordering a Feasibility Report Prepared on Apgar Street between 1st Avenue and 6th Avenue) to include Ordering Official Proceedings of the Shakopee City Council January 21, 1992 Page -6- the Preparation of a Feasibility Report for Improvement to: Pierce Street, 3rd Avenue to 2nd Avenue; Shumway Street, 3rd Avenue to 2nd Avenue; 2nd Avenue, Pierce Street to Apgar Street, and moved for its adoption. (Motion carried under consent business) . Vierling/Sweeney offered Resolution No. 3528, A Resolution Receiving a Report and Calling a Hearing on an Improvement to Muhlenhardt Road Between County Road 16 and County Road 18, Project No. 1992-2, and moved for its adoption. (Motion carried under consent business) . Vierling/Sweeney offered Resolution No. 3531, A Resolution Authorizing the City of Shakopee to Enter into a Service Contract with the Regional Transit Board to Provide Public Transportation Service in Shakopee for the Calendar Year 1992, and moved for its adoption. (Motion carried under consent business) . Discussion was held on the City of Shakopee granting a gambling license to applicants not within the city of Shakopee and where the proceeds are spent. Vierling/Beard moved to table this item to allow the City Clerk to research the ordinance on gambling licenses. Discussion was held on the Council meetings not being televised for the past two or three meetings. Assistant City Administrator stated this is as a result of the modulator needing repair. Sweeney/Vierling moved to act on the cable TV Performance Bond at this time and purchase a modulator, thus exercising the rights of the City. Beard/Vierling moved to amend the motion to exercise the City's right to the Performance Bond and provide notification to the cable company that the City Council will exercise its right on Thursday at 1: 00 p.m. and purchase a modulator if they do not comply by that time. Motion carried unanimously. Motion carried unanimously on the main motion as amended. The City Attorney advised the Council on the ordinance regulating charitable gambling. Vierling/Lynch offered Resolution No. 3524, A Resolution of the City of Shakopee, Minnesota, Approving a One Day Off-Site Lawful Gambling Permit for All Saints Catholic Church, and moved for its adoption. Motion carried unanimously. Vierling/Sweeney offered Resolution No. 3533 , A Resolution Assigning the Activities of the Downtown Committee to the Community Development Commission, and moved for its adoption. Official Proceedings of the January 21, 1992 Shakopee City Council Page -7- (Motion carried under consent business) . Vierling/Sweeney offered Resolution No. 3534, A Resolution Setting the Public Hearing Date to Consider the Vacation of Portions of Muhlenhardt Road Right-of-way, and moved for its adoption. (Motion carried under consent business) . The City Council recessed to the Executive Session at 9 : 00 p.m. for the purpose of discussing land acquisition. The meeting re-convened at 9:40 p.m. Consensus of Council was to have a workshop with the School Board on February 11th at 7:00 p.m. to discuss potential property acquisition south of the high school. Sweeney/Beard moved to adjourn to Tuesday, January 28, 1992 at 4 : 30 p.m. Motion carried unanimously. Meeting adjourned at 9:44 p.m. Ju4th S. Cox City Clerk Jane Van Maldeghem Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA JANUARY 28, 1992 m. y.vO (9M Mayor Gary Laurent called the meeting to order/with Councilmembers Joan Lynch, Robert Sweeney, Gloria Vierling, and Michael Beard present. Also present were Dennis R. Kraft, City Administrator; Barry Stock, Ass 't. City Administrator, Karen Marty, City Attorney; Judith S. Cox, City Clerk; Dave Hutton, Public Works Director; Lindberg Ekola, City Planner; and Gregg Voxland, Finance Officer. Mr. Kraft explained that the city had hired a management analyst last year to review the operations of the city. The report from the analyst suggested that some departments be combined. An overhead of a proposed reorganization chart was shown and Mr. Kraft explained the changes to departments within the City. One change proposed is to create a Public Safety Administrator who would be in charge of both the police department and the fire department. Mr. Kraft explained that the members of the fire department have expressed concern about being under a Public Safety Administrator and would prefer that there be a liaison between the fire department and the City Council. Mr. Kraft suggested that meetings be set up within the next couple of months to identify what the administrative needs are within the fire department and what information the City Council wants from the fire department. Mr. Kraft suggested that the position of Public Safety Administrator be eliminated and that the City Administrator and a councilmember or two meet with the fire department on a rotating basis. After discussion, consensus of Councilmembers was to eliminate the position of Public Safety Administrator and set a 90 day time frame during which it will be determined what administrative functions need to be done within the fire department and what information the City Council needs to receive (in order to be accountable to the public) . Cncl.Beard suggested that there be a business plan showing how the fire department fits now and in the future, including a mission statement. Beard/Vierling offered Resolution No. 3535, A Resolution of the City of Shakopee, Minnesota, Reorganizing City Government, and moved its adoption. Motion carried unanimously. Vierling/Sweeney moved to set a time certain of 90 days to come up with a plan addressing administrative issues within the fire department. Motion carried unanimously. Official Proceedings of the January 28, 1992 Shakopee City Council Page -2- Sweeney/Lynch offered Resolution No. 3525, A Resolution Adopting the 1992 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee, and moved its adoption. (With the understanding that the position of Public Safety Administrator be changed to Police Chief and that the points be changed from 103 to 101. ) Motion carried unanimously. Beard/Lynch moved to adjourn. Motion carried unanimously. Meeting adjourned at 5: 05 P.M. rl Juith S. Cox City Clerk Recording Secretary *10 MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner RE: Letter from Mr. Rod Krass Link-Houser Property DATE: January 31, 1992 INTRODUCTION AND BACKGROUND: Staff received the attached letter from Mr. Krass on Friday, January 31, 1992 regarding the Link-Houser property located west of County Road 83 and northeast of Canterbury Racetrack. Mr. Krass has requested that this item be placed on the February 4th City Council agenda. Staff will prepare a response for Tuesday's meeting and will place the information on the table. Mr. Krass is appealing the City's position that the Link-Houser property is not a recognized parcel of land. The attached letter dated January 30, 1992 to the City Planner and City Attorney states that the property in question was created by the 1980 filing of a mortgage deed. A foreclosure resulted in the title transferring to the party from which the Link-Houser group purchased the property. The Subdivision Regulations do not currently have an appeal mechanism applicable to this situation. Therefore, Mr. Krass is requesting to bring this matter directly to the City Council. :AN 31 '92 10:27 KP.RSS 3, MONROE P.� r20,orae.-; RAS SJameglexoft DEnn4c f..Liuvtx C:n'n tt 111 taa• Barry K.Ter G F'.arcia A..'4:ik'r Mari:.t 1.kL s ^ G:..: : Nturmy R..aau: \4c1N RSimcthe'r.:.ko;^roan cuaffed lei::Jif K.:'tbos ';.Y.i!:a: . ..:•.il` M•_ti .\tic..Ita.r`.1•,Lutw. t ice.1.:7.;::e.t.' .`..ru ....r.. r.J•tl.r.::..J.!Lir; January 31, 1992 Mr. Dennis Kraft City Administrator City of Shakopee 129 East First Avenue Shakopee, MN 55379 Re: Link-Houser Property Cur File No. 7947-1+ Dear Dennis : • I spoke this morning with Lindberg Ekola about the possibility of getting on the City Council agenda for Tuesday, February 18 relative to the city staff ' s determination that the parcel in question is not considered a buildable lot. This position is set forth in Mr. Ekola' s January 15, 1992 letter to Kim Stock, who represents the High Five Company which wishes to purchase the property from us and begin constructing their building immediately. I am enclosing a cony of that letter as well as copies of my January 28 and January 30 letters which I believe set forth our position. I have previously suoplied to Karen Marty the documents I have obtained from the County Recorder relative to the creation of the lot in question. You should be aware that we have checked into the second issue raised in Mr. Ekola' s January 15 letter. The County Engineer has informed us that they do not intend to allow the access to the plat to be moved. As you know, the present access is in front of Lot 2, but there is an easement across the front of both lots for access . As Mr. Ekola points out in his January 15 letter, the County Engineer regulates this access and he has made it crystal clear to Mr. Link that the access is not going to be moved. The engineer told Mr. Link that he made that position clear to the City at the time the plat was approved. Be that as it may, you will understand that this is not a matter within our control and that if the City Council concludes that we do have a buildable lot, that lot will be served with the access as it presently exists . Needless to say, time is extremely important in this matter . I would have preferred to have this on the February 4 agenda but have been informed by your staff that it is not possible for the staff to be ready on the 4th. I am going to be out of the state on Slut::plant lC n r gar;- .IU. :65C`.gest Km 1.i:3;•1447 Tin.;f612; 3sts•:3999;:aC;o': �•,�« JAN 31 '92 10:27 KRASS u MONROE p.3 Mr. Dennis Krait January 31 , 1992 Page -2- the 18th, but someone from our office can be present. Thank you for your consideration. Very try _e , KRXSS MO ' = • /' BARTERED •'�1�.tp `R. rKrass Attorney at Law PRK/m1w cc : Lindberg Ekola Karen Marty LeRoy Houser Larry Link Don Link Robert Davis JAN 31 '9Z 10:23 KPASS & MONROE P.4 . y • CITY OF SHAKOPEE I.` INCORPORATED 1870 12S EAST FIRST AvENLE. SirAXC !E. MINNE3CTA 55379.1373 (612)4A54850 I 9r 'e_ Ms . Kim Stock January 15, 199V 122: 5 Woodlake Drive P.O. Box 1202 Burnsville, Minnesota 55237 RE: Development of the west 416 feet of lot 1, block 1, Behringer' s Addition. • Dear Ms . Stock: On January 4.4 , 1992, I met with Michele Darveaux to review the requirements for the proposed High 5 Erectors development project. Information on the Racetrack District (RTD) regulations and the Planned Unit Development (PUB) requirements, as well as the PUD applications were given to Ms. Darveaux at that time. It was noted at the meeting that staff is in the process of preparing the memo for an ordinance amendment regulating outdoor storage in the RTD District for the January 21, 1992 City Council meeting. Two issues face the development of this prover tv. First, the proposed site is not a lot of record. The City will not issue a building permit for the proposed 3 .54 acre site until the remnant portion, held by the Cecil Behringer estate is joined with an existing tercel having frontage to a public street. • The second issue relates to the existing driveway which crosses lot 2 , block I of Behr'nger' S Addition. In the approval of Beehr_nge= ' S Addition, the City Council required that only one access onto County Road 83 would be allowed from the two lots in the • subdivision. The existing access was required to be relocated to serve both lots when future development occurs. Access to the site from County Rd. 83 will be regulated by the Scott County Highway Engineer. These two issues will need to be resolved prior to the approval of the Planned Unit Development for this project. If you haVe any questions, please feel free to call me at 445-3630 . s; :div v Lind erg S. Ekola City Planner cc: Larry Link LeRoy Houser r Don Link Phillip grass The Hart Of Progress Valley • JAN 31. '92 10:29 KRASS & MO NROE P.S 1 f w,4r:s ti RAS s omit,t. ;kel tr (M :t 7r tilt i MONROE K....:a is F.�.wt•- U::h'tttC .. •.. ..__ c•. _. January 28 , 1992 FY C • Lindberg S . E kola Karen Marty City of Shakopee 129� East First Avenue • Shakopee, MN 55379 Re: Rezoning of former Velodrome Property. Our File No . 7947-1 - Dear Lindberg and Karen: I wasn ' t certain if you had an opportunity to obtain the documents on the Houser/Link property I spoke about at the council meeting last week so I am enclosing the same. The difficulty 1 am having is that the 1980 Mortgage Deed created the line that now divides Lot 1 . When the plat was approved by the City, it was approved with this line established by the Mortgage. In fact, the bank was required to execute the plat also . Consequently, it was not my clients that created this division, it was created before the pl__ . These facts impact on two issues we have been discussing. The first is whether or not this parcel is, in fact, buildable or is an impermissible subdivision; and secondly, are my clients somehow responsible for obtaining ingress and egress to the westerly portion of this lot. I recognize that there is little or no precedent for this situation., but it appears clear to me that the City approved the plat with this division already in it. Consequently, there was not Dost-plat division of this property, and I think*, the City needs to recognize that and acknowledge that we have a buildable parcel . If you conclude that an administrative plat is necessary to clean u-_ this problem and make our parcel buildable, the issue arises as to whether or not we are obligated to provide access :o the property behind us . As you know any parcel which plats is obligated to provide the utilities, including roadways , reasonably necessary to service that plat. In this case, we r ecu__e no roadways , and if the property behind us has , through nc fault of ours , gotten itself landlocked and there is going to be some requirement of access , that access needs to be acquired and paid :akunru'.1:Ce.-..+!.Suac 11(ii). i6w.:tetz 82nd BuA;rningt:X..dull;t .iY::+-;3:-14-1 (.1 i3 •3 k.f:v.to 17� JAN 31 '92 10:29 KRASS & MONP.OE P.6 • Lindberg S . Ekola - Karen Marty January 28, 1992 Page -2- for, presumably by them. We didn' t landlock them, they purchased the property in the position its in now and we should not bear the financial burden of rectifying that situation. i understand we haze a meeting set up for this Thursday at 2 : 00, including _'"_r. Davis, and I look forward to discussing this at some lenge n with you then. Thank you. Very truly yours, • KRASS & MONROE CHARTERED • • • Phillip R. Kress Attorney at Law PRK/ph cc: LeRoy Houser Larry Link Don Link Mr. Davis JAN 31. '92 10:39 KPASS Sc MONPCOE P.7 Gtr CdTr ::::t: + a::'':.401RASS r M•t:n 12 lc•>U�:- 1\T MOi nr\,---1 ., i.r.:itt . k1•It>> '..'..... . n4dK• 'if1eA!:: t.;i_:Uu.'i.11; cur fel ::I.. an.::,..:it ... ...1• ;,anuary 30 , 1992 V rA 'r=_.?^.•;r Lindberg S . Ekola, City Planner Karen Marty, City Attorney City of Shakopee 129 East Firs_ Avenue Shakopee, MN 55379 Re: Rezoning of Former Velodrome Property Our File Nc . 7947-1 Dear Lindberg and Karen: Thank you very much for taking the time to meet with Mr. Davis and I this afternoon. I believe understand the City' s position and wish to simply confirm that position so my clients know precisely where they are. - - It is my understanding that Lindber s latter of January 15 to Ms . Kim Stock indicating that the site is not considered by the City to be a lot of record and that the City would not issue a building permit on the 3 .54-acre site. You indicated that it is not necessary for us to actually submit such a building permit and that we could rely on the fact that the permit would not be issued. • You have suggested that an administrative, or "small subdivision" plat could be possible provided it included both our 3 .54 acres , and the remainder of Lot 1, which is in the name of Cecil Behringer. You indicated that allowing us to plat only aur par cel would landlock the remaining acre and a half. I indicated that I believed the acre and a half was already landlocked through no fault of my clients or their predecessors . I have checked title on the Yemaining acre and a half and it remains in the name of Cecil Behringer, who I understand to be deceased. 1591 taxes are unpaid and now, of course, Gc_ir . nr . Chances of our working out some arrangement with the remaining acre and a half are exceedingly bleak^and as indicated in my January 23 letter, I don't feel that should be the responsibility and cost of my clients anyway. The =shot cf our meeting is that the City remains steadfast in its position that it Will not consider our barcel to be a valid parcel of record because you believe it to have been created by an Yurr.nnir.:ter.:^.' Sui:. !IoU iO O tkf$(��.'.�S:':.-:.3:u>.1 ing.wn.Nttt!n. .a!:i.3,i•14» .;, ,nr,nc!612) '."..\i0: 5.5.i9 JAN 31 '92 17:30 KRAS3 $ MONROE P.;3 Lindberg S . !kola Karen ::arty Page -2- January 30, 1992 illegal subdivision. You hold this position despite the City ' s participation in the creation of our lot by approving a plat on this property subsequent plat by the 1980 filing to the creatior, of� the lot line in title to by edecess of the mortgage deed which resulted ir. cr. You also indicated that even if the property were considered to be a buildable lot, we would have to go through the PUD process as would any parcel in the Racetrack District, certainly we cel,.air.?y have no problem with that. requirement. I would appreciate it if you would let me know if I have incorrectly set forth the City' s position in this matter. As I indicated to you, I disagree with your conclusion that our property is not a buildable lot and since finding a sclutior, which might involve the back one and one-half acres appears to be a practicable impossibility. I hope you will understand that my clients may conclude that they need to seek judicial clarification of that issue. Perhaps such an approach can provide a solution for both of us . Thanks again for your assistance. Very truly KRASS & lip . CHARTERED • Krass Attorney' at Law PRK/mlw cc: LeRoy HouseC Larry Link Don Link Mr. Davis Pf MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: 6th Avenue Street, Project No. 1991-9 DATE: January 29, 1992 INTRODUCTION: Attached is Resolution No. 3538, a resolution adopting the special assessments for the 6th Avenue Street Light Project No. 1991-9 BACKGROUND: On September 17 , 1991 the City Council of Shakopee held a public hearing and subsequently ordered installation of a street light on 6th Avenue between Jackson Street and VanBuren Street by Resolution No. 3469. The street light had been requested by a neighborhood group via a petition to the City Council. At the public hearing, the City Council indicated that any new street lights would be funded by special assessments to the neighborhood petitioning for street lights. The cost to install the street light had been estimated at $1, 375. 00, which includes Shakopee Public Utilities cost and any staff time associated with this project. Based on the assessment area, the cost of the street light was estimated at $45.83 per property. Shakopee Public Utilities has installed the street light and all costs associated with this project have been identified. The final project costs for this project are $1, 355.70 as shown on Attachment No. 1. Based on the assessment area, the assessment rate is $45. 19 per property. A public hearing has been scheduled for February 4, 1992 to consider the proposed assessments associated with this project. Attached is Resolution No. 3538, which adopts the special assessments on the project for City Council consideration. An assessment role is attached to the resolution outlining the assessments for each property. ALTERNATIVES: 1. Adopt Resolution No. 3538 . 2 . Deny Resolution No. 3538. RECOMMENDATION: Staff recommends Alternative No. 1 to adopt the assessments on this project. ACTION REQUESTED: Offer Resolution No. 3538, A Resolution Adopting the Assessments for the 6th Avenue Street Light, Located Between Jackson Street and VanBuren Street, Project No. 1991-9 and move its adoption. RESOLUTION NO. 3538 A Resolution Adopting Assessments For 6th Avenue Street Light, Located Between Jackson Street and VanBuren Street Project No. 1991-9 WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of: Addition of a street light, located between Jackson Street and VanBuren Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefitted by the proposed improvements in the amount of the assessments levied against it. 2. That such assessments shall be due in one installment. If the entire assessment is not paid within thirty (30) days from the adoption of this resolution, it shall bear interest at the rate of 8. 0 percent per annum from the date of the adoption of this assessment resolution. If the assessment plus interest is not paid by October 10, 1992 , it will be certified to the County Auditor for collection and payment with other municipal taxes. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; he may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and he may pay the remaining principal balance of the assessment to the City Treasurer. 4. The Clerk shall file the assessment rolls pertaining to this assessment in her office and shall certify annually to the County Auditor on or before October 10th of each year the total amount of installments and interest which are to become due in the following year on the assessment on each parcel of land included in the assessment roll. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney ASSESSMENT ROLL 6TH AVENUE STREET LIGHT Page 1 PID OWNER LOT/BLK. ASSESSMENT 27-026001-0 Darrell Bahnsen & Wife Lot 1 $45. 19 12703 Monterey Ave. S. West View Savage, MN 55378 First Addition 27-026002-0 Albin Kubiszewski & Wife Lot 2 $45 . 19 1640 West 6th Ave. West View Shakopee, MN 55379 First Addition • 27-026003-0 Joseph & Paulette Mueffels Lot 3 $45. 19 1650 W. 6th Ave. West View Shakopee, MN 55379 First Addition 27-026004-0 Sylvester Gehlen & Wife Lot 4 $45. 19 1660 W. 6th Ave. West View Shakopee, MN 55379 First Addition 27-026005-0 Larry Mechtel Lot 5 $45 . 19 1672 W. 6th Ave. West View Shakopee, MN 55379 First Addition 27-112001-0 Carol Lea Link Lot 1, Blk. 1 $45. 19 1819 W. 6th Ave. Long View Shakopee, MN 55379 Estates 1st Addn 27-112002-0 Daryl & Jean Scheerhoorn Lot 2 , Blk. 1 $45 . 19 1813 W. 6th Ave. Long View Shakopee, MN 55379 Estates 1st Addn 27-112003-0 Elizabeth Christensen Lot 3 , Blk. 1 $45 . 19 1807 W. 6th Ave. Long View Shakopee, MN 55379 Estates 1st Addn 27-112004-0 Lucille Kopisca Lot 4 , Blk. 1 $45. 19 1801 W. 6th Ave. Long View Shakopee, MN 55379 Estates 1st Addn 27-112005-0 James & Rosemary Skinner Lot 1, Blk. 2 $45. 19 1767 W. 6th Ave. Long View Shakopee, MN 55379 Estates 1st Addn ASSESSMENT ROLL 6TH AVENUE STREET LIGHT Page 2 PID OWNER LOT/BLK. ASSESSMENT 27-112006-0 Gerald & Ione Anderson Lot 2, Blk. 2 $45. 19 1761 W. 6th Ave. Long View Shakopee, MN 55379 Estates 1st Addn 27-112007-0 Loretta Jaspers Lot 3 , Blk. 2 $45. 19 1755 W. 6th Ave. Long View Shakopee, MN 55379 Estates 1st Addn 27-112008-0 Victor & Valentina Schmieg Lot 4 , Blk. 2 $45. 19 1749 W. 6th Ave. Long View Shakopee, MN 55379 Estates 1st Addn 27-112009-0 Wahneta Meyeraan Lot 1, Blk. 3 $45. 19 1743 W. 6th Ave. Long View Shakopee, MN 55379 Estates 1st Addn 27-112010-0 Delores Oldenburg Lot 2 , Blk. 3 $45. 19 1737 W. 6th Ave. Long View Shakopee, MN 55379 Estates 1st Addn 27-112011-0 Thomas & Marlene Henninger Lot 3 , Blk. 3 $45. 19 1731 W. 6th Ave. Long View Shakopee, MN 55379 Estates 1st Addn 27-112012-0 Richard & Lynn Geiser Lot 4, Blk. 3 $45. 19 1725 W. 6th Ave. Long View Shakopee, MN 55379 Estates 1st Addn 27-112013-0 John Paron Lot 1, Blk. 4 $45. 19 1719 W. 6th Ave. Long View Shakopee, MN 55379 Estates 1st Addn 27-112014-0 Elizabeth Hentges Lot 2 , Blk. 4 $45. 19 1713 W. 6th Ave. Long View Shakopee, MN 55379 Estates 1st Addn ASSESSMENT ROLL 6TH AVENUE STREET LIGHT Page 3 PID OWNER LOT/BLK. ASSESSMENT 27-112015-0 Kenneth & Jean Hanel Lot 3 , Blk. 4 $45 . 19 1707 W. 6th Ave. Long View Shakopee, MN 55379 Estates 1st Addn 27-112016-0 James & Sylvia Ryan Lot 4 , Blk. 4 $45 . 19 1701 W. 6th Ave. Long View Shakopee, MN 55379 Estates 1st Addn 27-112017-0 Marie Unze Lot 1, Blk. 5 $45 . 19 1697 W. 6th Ave. Long View Shakopee, MN 55379 Estates 1st Addn 27-112018-0 Ethel Dorr Lot 2 , Blk. 5 $45 . 19 1691 W. 6th Ave. Long View Shakopee, MN 55379 Estates 1st Addn 27-112019-0 Mary Rockwell Lot 3 , Blk. 5 $45 . 19 1685 W. 6th Ave. Long View Shakopee, MN 55379 Estates 1st Addn 27-112020-0 Albert & Esther Realander Lot 4 , Blk. 5 $45 . 19 1679 W. 6th Ave. Long View Shakopee, MN 55379 Estates 1st Addn 27-112021-0 Clarence Bursey Lot 1, Blk. 6 $45 . 19 1673 W. 6th Ave. Long View Shakopee, MN 55379 Estates 1st Addn 27-112022-0 Wallace & Lorraine Raduenz Lot 2 , Blk. 6 $45 . 19 1667 W. 6th Ave. Long View P.O. Box 423 Estates 1st Shakopee, MN 55379 Addn 27-112023-0 Elizabeth Pink Lot 3 , Blk. 6 $45 . 19 1661 W. 6th Ave. Long View Shakopee, MN 55379 Estates 1st Addn ASSESSMENT ROLL 6TH AVENUE STREET LIGHT Page 4 PID OWNER LOT/BLK. ASSESSMENT 27-112026-0 Leslie & LuAnn Dengerud Outlot B $45. 19 1601 W. 6th Ave. Long View Shakopee, MN 55379 Estates 1st Addn 27-911022-0 Earl & Virginia Dressen 11 115 23 .83 $45. 19 1529 W. 6th Ave. AC in NE 1/4 Shakopee, MN 55379 NE 1/4 TOTAL ASSESSMENT $1, 355.70 ASSESSMENT CALCULATIONS Total Cost of Street Light Shakopee Public Utilities Cost $1, 197 . 43 Legal Advertisement for Public Hearing 38 . 56 Staff Time (10a) 119 . 74 Total Cost $1,355.73 Total Number of Parcels Assessed = 30 Assessment Rate = Total Cost/Total Numer of Parcels = $1, 355.73/30 = $45. 19 Per Parcel • N .t. 1 • i • L. i . . . . • 1...:i..:::::;: :.... • • • . . • SUBJECT LOCATION . II .....• .. ---s .- •.•:••-. .....• .. .. . •-- •• ••• • . .....4..:. i .- ...... ' • ,.........r..."! 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' -- -........• , 3-• .., ..... • A,i 1 - -1, 1 ... // OLD MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director 'Co SUBJECT: Bergquist Road, Project No. 1992-1 DATE: January 30, 1992 INTRODUCTION: Attached is Resolution No. 3539, ordering an improvement and the preparation of plans and specifications for an unnamed street from Valley Park Drive East to serve the Bergquist property in the Industrial Park. BACKGROUND: On July 16, 1991 the City Council of Shakopee ordered a feasibility report for improvements for an unnamed street from Valley Park Drive East to serve the Bergquist Company (PID 27-910002-0) by Resolution No. 3432 . The feasibility report was initiated by a petition submitted to the City from the Bergquist Corporation for public street improvements and utilities to serve their property. The cost of the improvements consist of roadway, water service and sewer service along their southerly property line. The feasibility report has been completed and was submitted to the City Council on January 7 , 1992 . PLEASE BRING YOUR FEASIBILITY REPORT FROM THE JANUARY 7 , 1992 CITY COUNCIL PACKET. A public hearing has been scheduled for February 4, 1992 by Resolution No. 3514 to consider the proposed improvements. At the conclusion of the public hearing, if the City Council determines that this project should be constructed, attached is Resolution No. 3539 which orders the plans and specifications prepared for the project. Staff will give a presentation on the feasibility report at the public hearing. Staff has received correspondence from one of the abutting property owners regarding several concerns he has with the feasibility report. A copy of the correspondence is attached to this memo but staff would like to address the three issues raised. 1. The property owner concurs with this issue and is in agreement with the feasibility report. 2 . The feasibility report was revised to eliminate any culverts, but one of the maps was inadvertently not changed. This issue has been resolved and is acceptable to the developer/property owner. 3 . The developer raises the issue of whether a 12" water line would not be more appropriate than the 8" water main discussed in the feasibility report. Staff is still attempting to obtains Shakopee Public Utilities recommendation in this regard and hopefully will have a further determination of this available at the February 4, 1992 City Council meeting. The last issue that the property owner raises is the request to defer any special assessments on their property until the property develops. The City Council has on occasion deferred special assessments on other projects when there was undeveloped land being assessed, but this is an issue that the City Council should discuss and review. If the project gets ordered, the City will need to initiate the right-of-way acquisition procedures for this street. Staff will bring this back to Council for authorization to hire an appraisal and start that process at a future meeting. ALTERNATIVES: 1. Adopt Resolution No. 3539 which orders plans and specifications prepared for this project as recommended by the feasibility report. 2 . Determine that the project should not be constructed and deny Resolution No. 3539. 3 . Table Resolution No. 3539 for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1, to adopt Resolution No. 3539 which orders plans and specifications prepared for this project. ACTION REQUESTED: Offer Resolution No. 3539, A Resolution Ordering an Improvement and the Preparation of Plans and Specifications for an Unnamed Street, from Valley Park Drive East to Serve the Bergquist Property, Project No. 1992-1 and move its adoption. DH/pmp MEM3539 OVailcyGrccn BUSINESS PARK January 7, 1992 Mr. Dave Hutton VIA FACSIMILE City Engineer CITY OF SHAKOPEE 129 East First Avenue Shakopee, MN 55379 Re: Feasibility Report - Bergquist Property Dear Dave: I have had an opportunity to review the feasibility report dated December 11, 1991 concerning the "Proposed Unnamed Street" to be developed off of Valley Park Drive. I do agree with the basic conclusions of the feasibility report, but would like to offer the following comments for your consideration: 1 . I am in agreement that no sewer line should be installed in this portion of the road if flow cannot be handled by gravity from the Bergquist building. The requirement of Bergquist to build a forcemain to Valley Park Drive seems appropriate. 2 . On Figure 7, it appears that there is a proposed open culvert system running laterally across the new road from the Conklin site to our property to the south. Valley Park Drive currently has curb, gutter and storm sewer, and I see no reason to have an open culvert which would normally be the case with a rural road design. I would suggest that the culvert at the entrance to this access road be eliminated by connecting the stormwater discharge from this street into the existing storm sewer system in Valley Park Drive. The temporary storm sewer outlet at the end of the temporary cul-de-sac concerns me because of the possibility of creating, over time, a land area which could become inhabited with vegetation which may qualify the discharge areas as "wetlands. " We do not wish to create a future development obstacle for ourselves because of current stormwater requirements similar to those we now find oursevles facing in the drainage ditch area at the corner of 12th Avenue and Valley Park Drive. This area is being 5276 Valley Industrial Boulevard South •Shakopee, Minnesota 55379•Telephone: (612)445-928 111/1 Mr. Dave Hutton Page Two January 7, 1992 defined as a possible wetlands area because of the discharges being routed as they are. 3 . It appears that the specs in the water line are calling for an 8" watermain service. Based on what we believe to be the future development of this area, which you and I have previously discussed, wouldn't a 12" line be more appropriate in preparation for the full development of the 100 acre tract south of the Bergquist property? This project, as proposed, will initially provide benefit only to the Bergquist property. Based on the future planning of the land south of Bergquist, which we own, we believe there will be future value to the street, watermain and storm sewer system being designed, but that there is no present value for us . With this in mind, if these improvements were constructed, we will request any assessments to our property be deferred until the improvements proposed for construction are of benefit to our land south of the Bergquist tract. We are bringing this to your attention as it may relate to the Council ' s actions on Resolution No. 3514, scheduled for the Council meeting of Tuesday, January 7, 1992 . I apologize for not being more prompt in my response on this particular item. If you have any questions on my suggestions or would like to discuss them in greater detail, please give me a call . Respectfully, EY GREEN BUSINESS PARK aY� ' on R. Albinson Project Director JRA: jmcx-005 . 1 cc: Dennis Kraft RESOLUTION NO. 3539 A Resolution Ordering An Improvement And The Preparation of Plans And Specifications For An Unnamed Street, From Valley Park Drive East To Serve the Bergquist Property Project No. 1992-1 WHEREAS, Resolution No. 3514, adopted on January 7, 1992 , fixed a date for Council hearing on the proposed improvement of an unnamed street to serve the Bergquist property from Valley Park Drive East by street, sewer and water. WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held on the 4th day of February 1992, at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That the improvement is ordered as hereinafter described: Construction of a new street, including all utilities, to serve the Bergquist property from Valley Park Drive East 2 . David E. Hutton, Public Works Director, is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CO1SNT /2oV MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Southwest Metro Dial-A-Ride Circulator Phase Out DATE: January 30, 1992 INTRODUCTION: On June 19, 1991, the Shakopee Energy & Transportation moved to implement a Dial-A-Ride circulator route program on a six month demonstration project basis to the Southwest Metro Service area. The six month demonstration project period expired on December 31, 1991. On January 15, 1992, the Shakopee Energy & Transportation Committee met to evaluate the success of the service. The Energy & Transportation Committee is recommending to City Council that the Dial-A-Ride circulator to the Southwest Metro Service area be phased out and terminated on March 31, 1992 . BACKGROUND: The Dial-A-Ride Circulator Route Service to the Southwest Metro Service area was created in an attempt to respond to transit service requests from Shakopee to the Southwest Metro Service area. Prior to implementing the circulator route service, Dial-A-Ride was providing demand response service for approximately 10 Shakopee residents to Chaska. The situation originally developed as a result of an error made by the Dial-A-Ride provider. Traditionally, it had been the policy of the City to not provide Dial-A-Ride service outside of the city limits. The service in question basically provides Shakopee residents with the ability to use Dial-A-Ride service to the Southwest Metro Service area in the early morning, midday and late afternoon. In early January, staff completed an analysis of the variable route service. While there are approximately 19 persons who are utilizing the circulator route service on a regular basis, it was consensus of the Committee that the service is not cost effective and is adversely having an impact on our Dial-A-Ride service provided within our City limits. Eliminating the circulator route service would eliminate some of the stress currently being imposed on the Dial-A-Ride service operating within our City limits. In conjunction with the evaluation of the service, the Dial-A- Ride Manager and Drivers have been in contact with each of the current riders. Upon surveying the ridership, it became apparent that all but one of the existing riders could find alternative transportation. Additionally, 60% regular riders qualify for transportation assistance from Scott County Human Services. Staff has been in contact with Scott County Human Service Transportation Coordinator and has determined that these riders can be accommodated by the Scott County Program. The existing riders are not exactly thrilled about the proposed change. However, given the economic considerations and limited transit dollars available to provide service, as well as the fact that our Dial-A-Ride Service in Shakopee is traveling at capacity levels when the vehicle dedicated to the circulator route is outside of our City limits - it would be most cost effective to terminate the circulator service. Staff did investigate the possible formation of a Vanpool to accommodate the variable route users. However, none of the existing riders have a drivers license. Three points of interest: First, when the demonstration project was initiated, the City had a cost share agreement with Southwest Metro which stated that they would subsidize their riders. It should be noted that less than one Southwest rider per week has utilized the service. Second, the availability of transit funds at this time does not allow us to add additional service. Third, I have not received any calls from the ridership in regard to this issue as of Friday, January 31, 1992 . Given the limited number of users in comparison to what we could carry if the circulator route was terminated, limited financial resources and increasing Dial-A-Ride demand within our own City limits, the Energy & Transportation Committee is recommending to City Council that the circulator route service to the Southwest Metro Service area be terminated effective March 31, 1992 . Staff has drafted a letter to the Dial-A-Ride circulator riders informing them of the possible phase out of the program. If Council concurs with the Energy & Transportation Committees recommendation, a second letter will be distributed to all circulator riders. ALTERNATIVES: 1. Continue the circulator route program to the Southwest Metro Service area. 2 . Terminate the Dial-A-Ride circulator route service to the Southwest Metro Service area effective March 31, 1992 . 3 . Table action pending further information from staff. 4 . Continue the circulator service to the Southwest Metro Service Area, but eliminate the Midday service run. STAFF RECOMMENDATION: Staff recommends Alternative No. 2 . ACTION REQUESTED: Move to terminate the Dial-A-Ride circulator route service to the Southwest Metro Service area effective March 31, 1992. BAS/tiv TAMI/CIRCULATOR CO NT / 2. MEMO TO: Shakopee Energy & Transportation Committee FROM: Barry A. Stock, Assistant City Administrator RE: Workplace Dial-A-Ride Demonstration Project Continuation DATE: January 30, 1992 INTRODUCTION: The demonstration project for providing Dial-A-Ride service to the Workplace expired on December 31, 1991. At the January 15, 1992 Energy & Transportation Committee meeting, the Committee moved to recommend to City Council that the project be continued for an additional twelve months. BACKGROUND: In the fall of 1990, the City of Shakopee in cooperation with the Regional Transit Board participated in a demonstration project at the Workplace. The purpose for the demonstration project was to train the developmentally disabled to utilize the Dial-A-Ride program. Throughout the initial demonstration project, the costs (fares) for the rides provided was covered by the Regional Transit Board. In the initial demonstration project, ridership ranged between 60 and 120 passenger trips per month. The initial demonstration project expired on May 31, 1991. Upon completion of the initial demonstration project, the Committee recommended the extension of the demonstration project through December 31, 1991 subject to a 10 cent per rider fare with a 24 hour advance notice. Over the past six months, ridership has averaged approximately 150 passenger trips per month. In reviewing the service, staff has determined that there have not been any significant problems with the Workplace fare structure or the riders. Ms. Terry Hanke, Program Director at the Workplace has drafted a correspondence requesting that the service be continued. (See Attachment #1) Since the clients at the Workplace are developmentally disabled and have a very limited income, the Energy & Transportation Committee felt that the program should be continued for an additional twelve months at the existing fare. The Committee felt that the project should be continued as a demonstration project to provide for further evaluation in January of 1993 . ALTERNATIVES: 1. Move to continue the Workplace Dial-A-Ride demonstration project for an additional twelve months at the current fare level with the program to be re-evaluated at the completion of the demonstration project. 2 . Do not continue the Workplace Dial-A-Ride demonstration project. 3 . Adopt a new Dial-A-Ride fare policy for all persons who are physically, mentally and/or developmentally disabled. 4. Table action pending further information from staff. 5. Continue the program with an increase in the fare. STAFF RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REOUESTED: Move to continue the Workplace Dial-A-Ride demonstration project for an additional twelve months at the current fare level with the program to be re-evaluated at the completion of the demonstration project. BAS/tiv TAMI/WORKPLACE i444c•.c4ote,.+- 4 I SCOTT COUNTY 111#1115 HUMAN SERVICES THE WORKPLACE 130 SO.SCOTT STREET SHAKOPEE, MINNESOTA 55379 (612) 496-3082 TJ a 1 January 8, 1992 ,AN ° 132 Barry Stock 129 E. 1st Avenue Shakopee, DIN 55379 Dear Barry Stock: I'm writing to let you know that The Workplace staff and clients would like the special rate of 100T a ride for _Dial-a-Ride continued. It is very important to our clients who work in the community. None of them have the ability to learn how to drive and need trans- portation to their jobs. Our developmentally-delayed clients also work at a slower pace than others and therefore are often paid less per hour. Our clients, also, can only tolerate working for a couple of hours at a time. Therefore their total earnings per day are less than others. For example, one client works for 2 hours at $2.13 per hour. Daily, she earns $3.20. If she had to pay $1 .25 to and from work, she'd only make .70 per day. Her wages give her incentive to keep working harder to get a raise. The job is also important for her to learn working skills, develop her concentration to stay on task, to get out in the community, to learn to work with others, and to build self-esteem. The special rate allows our clients to have community contacts. Our clients receive $10.00 spending money a month at The Workplace. If they had to spend $2.50 for rides to and from restaurants, the library, the Town Square, etc, they wouldn't have very much left for spending. Some of our clients need that money to learn how to make purchases. We have a number of prospective new clients getting ready to at- tend The Workplace. Having the special rate continue would allow us to train them towards having greater independence. We appreciate the special rate that you've allowed us to have. We hope that you will continue the 10cP a ride program so that we can con- tinue allowing our clients greater independence. Sincerely, dthl,.1- Terri Hanke, Program Coordinator The Workplace An Equal Opportunity!Affirmative Action Employer CONSENT lab MEMO TO: Dennis Kraft, City Administrator 4 FROM: Dave Hutton, Public Works Director SUBJECT: Consultant Agreements DATE: January 15, 1992 INTRODUCTION: Staff is requesting authorization to execute the necessary agreements for consultant services. BACKGROUND: On January 7 , 1992 the City Council of Shakopee concurred with the Consultant Selection Committee's recommendation to retain the firms of Strgar-Roscoe-Fausch, Inc. and William Engelhardt and Associates as consulting engineers to supplement the current City consultant, Orr-Schelen-Mayeron & Associates. The Council also directed staff to prepare the consultant agreements for signing. The City Attorney has prepared the necessary agreements and staff is requesting authorization to execute these agreements. The agreements are identical for each firm and therefore only one is attached for City Council ' s review. The contracts do require the consultants to submit an Extension Agreement outlining their estimated fees for each project to the City Council for approval prior to commencing work on any project. The contracts are for a 3-year period. Once the agreements are presented to the consultants, some minor revisions to the specific language may be made, but as long as the intent of the agreements are not changed, staff would like to request authority to make those changes without prior Council approval. ACTION REQUESTED: Move to direct the appropriate City officials to execute the attached agreements with Orr-Schelen-Mayeron & Associates, Strgar- Roscoe-Fausch, Inc. and William Engelhardt and Associates for providing ongoing consulting engineering services and to authorize staff to make any necessary revisions to the agreements that do not drastically change the intent of them. DH/pmp AGREE CONSULTANT CONTRACT THIS AGREEMENT, made and entered into this day of , 1992 , by and between the City of Shakopee, a municipal corporation of the State of Minnesota, hereinafter referred to as the "City" with offices at 129 E. 1st Avenue, Shakopee, Minnesota, and Orr-Schelen-Mayeron & Associates, Inc. , with offices at hereinafter referred to as the "Consultant. " WITNESSETH: THAT, WHEREAS, the City of Shakopee desires to engage the Consultant, upon written authorization as hereinafter specified, to perform services as hereinafter provided; which are in accordance with the project scope and any addenda thereto, which scope of services by this Consultant together with addenda, if any, shall become a part of this agreement; and WHEREAS, the Consultant made certain representations and statements to the City with respect to the provision of such services and the City has accepted said proposal. NOW, THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Consultant as follows: SECTION I. BASIC SERVICES OF THE CONSULTANT. A. The Consultant agrees to perform professional services in connection with projects as hereinafter stated. Special Conditions, maps, and drawings shall be referred to where applicable. B. The Consultant shall serve as the City' s professional consultant in phases as specified, and shall give consultation and advice to the City during the performance of its services. C. The City shall divide work into two categories: Minor Projects and Major Projects. Minor Projects are expected to cost less, utilize less expertise, or take less time than Major Projects. 1. Minor Projects. The work to be performed by the Consultant for Minor Projects may be specified verbally or in writing, but shall be confirmed in writing by the City Administrator within 5 days and are subject to City Council authorization. All Minor Project work shall be billed at the hourly rates specified in Exhibit A attached hereto and incorporated into this Agreement. The value of Minor Project work shall not exceed $500. 00 for each project. 2 . Major Projects. The work to be performed by the Consultant for Major Projects shall be specified in an written Extension Agreement which sets forth all special conditions and requirements not otherwise provided for in this Agreement. Each Extension Agreement is subject to City Council authorization. The payment and fee schedule for Major Project work shall be established in the Extension Agreement. D. Time of performance. The services to be performed by the Consultant under this Agreement shall be commenced and completed in accordance with Extension Agreements, which shall each incorporate and be governed by this agreement. E. Confidentiality. Any non-public reports, data, or similar in- formation given to or prepared or assembled by the Consultant under this contract which the City requests to be kept as confidential shall not be made available to any individual or organization by the Consultant without prior written approval of the City. F. Liability and Indemnity. The parties mutually agree to the following: 1. In no event shall the City be liable to the Consultant for special, indirect, or consequential damages, except those caused by the City' s gross negligence or willful or wanton misconduct. 2 . The Consultant shall defend, indemnify, and hold the City harmless from and against all claims, losses, and liabilities arising out of personal injuries, including death, and damage to property, which are caused by the Consultant arising out of or in any way connected with this contract or Consultant's performance hereunder. Consultant further agrees to defend, indemnify, and hold the City harmless from and against any claims, losses and liabilities arising out of the award of this contract to the Consultant. 3 . The Consultant assumes full responsibility for relations with its subcontractors, and shall defend, indemnify and save harmless the City from and against any and all liability, suits, claims, damages, costs (including attorneys ' fees) , losses, outlays, and expenses in any manner caused by, arising out of, or connected with this contract and any subcontractor, notwithstanding any possible negligence (whether sole, concurrent or otherwise) on the part of the City, its agents or employees. 2 G. Insurance. The Consultant shall procure and maintain during the life of this contract, and provide the City with a certificate of insurance showing, the following coverage: 1. Comprehensive General Liability Insurance, including Broad Form Property Damage, Completed Operations and Contractual Liability for limits not less than $600, 000. 00 each occurrence for damages of bodily injury or death to one or more persons and $600, 000. 00 each occurrence for damage to or destruction of property. 2 . Insurance coverage for Special Hazards, including but not limited to explosion hazard, collapse hazard, underground property damage hazard, (commonly known as XCU) . 3 . Comprehensive Automobile Liability Insurance, in an amount not less than $100, 000 for each person for bodily injury or death; $300, 000 for each accident for all damages of bodily injury or death to two or more people; and $50, 000 for each occurrence for property damage. Coverage shall include all owned autos, non-owned autos, and hired autos. 4 . Errors and Omissions Insurance against errors and omissions resulting from the performance of Consultant' s work under this Agreement. Said coverage shall be in an amount not less than $1, 000, 000. 00. 5. Workmen' s Compensation insurance for all its employees as required by the Minnesota Worker' s Compensation Act. 6. The City of Shakopee must be named as "ADDITIONALLY NAMED INSURED" and must receive notice ten (10) days prior to the cancellation or expiration any of the specified insurance. If the deductible provisions of the Consultant' s coverage or any subcontractor' s coverage is questioned by the City, the Consultant shall provide the City, upon request, "Proof of Assets" . 7 . Subcontractors: In case any or all of this work is subcontracted, the Consultant shall require the subcontractor to procure and maintain insurance which meets the above requirements. The Consultant shall obtain certificate(s) of insurance indicating this before allowing the subcontractor to commence operation of the project. H. All of the services contemplated under this Agreement are personal and shall not be assigned, sublet or transferred without the prior written consent of the City. 3 I . The Consultant certifies that it has received a Certificate of Compliance from the Commissioner of Human Rights pursuant to Minnesota Statutes, 1981 Supplement, Section 363 . 073 . J. The Consultant agrees in the performance of this contract not to discriminate on the ground or because of race, color, creed, religion, national origin, sex, disability, age, marital status, or status with regard to public assistance, against any employee of Consultant or applicant for employment, and shall include a similar provision in all sub- contracts let or awarded hereunder. K. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services to be performed under this contract. The Consultant further covenants that in the performance of this contract no person having such interest shall be employed. SECTION II. THE CITY'S RESPONSIBILITIES. A. The City shall provide full information, including a detailed description of the scope, for the projects. B. The City will provide the Consultant with access to available information pertinent to the sites of the projects, including previous reports and any other data relative to design or construction of the projects. C. Give prompt notice to the Consultant whenever the City observes or otherwise becomes aware of any defect in a project. D. Obtain approval of all governmental authorities having jurisdiction over the projects and such approvals and consents from such other individuals or bodies as may be necessary for completion of the projects. E. Furnish, or direct the Consultant to provide at the City'S expense, necessary additional services. SECTION III. GENERAL PROVISIONS. A. This Agreement does not guarantee to the Consultant any work except as authorized in accordance with Section I above, or create an exclusive Consulting contract. B. The City, may from time to time, require changes in the scope of the services of the Consultant to be performed herein. Such changes, including any increase or decrease in the amount 4 of the Consultant' s compensation, which are mutually agreed upon by and between the City and the Consultant, shall be incorporated in written Change Orders or Extensions to this Contract. C. Period. This agreement shall be effective until January 1, 1995, unless terminated earlier as provided herein. D. The Consultant is an independent contractor and nothing con- tained herein shall constitute or designate the Consultant or any of Consultant's agents or employees as agents or employees of the City of Shakopee, Minnesota. Neither the Consultant nor Consultant' s employees shall not be entitled to any of the benefits established for the employees of the City nor be cov- ered by the Worker's Compensation Program of the City. E. The drawings, calculations, specifications, estimates, etc. , produced by the Consultant under the terms of this Agreement, when accepted and paid for by the City, shall become the property of the City. This provision shall not preclude the Consultant from retaining copies of such materials for its records. F. Whenever possible, the period of performance of any specific project undertaken by the Consultant shall be mutually determined by the City and the Consultant prior to the time that notice to proceed on such work is given by the City. G. Laws. The Consultant, at all times, shall observe all federal, state, and local laws, and all rules and regulations issued pursuant thereto, which in any manner affect or govern the work contemplated under this agreement. H. All notices required or permitted hereinunder and required to be in writing may be given by first class mail addressed to City and Consultant at the address shown above. The date of delivery of any notice shall be the date falling on the second full day after the day of its mailing. I . This agreement and every question arising hereunder shall be construed or determined according to the laws of the State of Minnesota. SECTION IV. PAYMENT AND FEE SCHEDULE. A. The City shall pay the Consultant for services furnished, and the Consultant shall accept as full payment, the sum described in the following paragraph. This sum shall include all services rendered by the Consultant under this Agreement (including all travel, living and overhead expenses incurred by the Consultant in connection with performing the services 5 herein) except for special services authorized in writing by the City. The sum stipulated shall be considered a "Not to Exceed" cost to the City. B. The "Sum Not to Exceed" will contain two parts: (1) the negotiated sum for the Preliminary Report, and (2) the negotiated sum for the preparation of contract documents. Negotiations for the preparation of contract documents will be completed after City Council approval of the Preliminary Report and authorization to proceed. The Consultant shall keep track of the costs billable under this contract at all times; any work in excess of the negotiated sum shall not be eligible for payment. The Consultant shall notify the City if Consultant anticipates that the negotiated sum may be exceeded, in order to determine whether or not the City is prepared to increase the compensation. C. The Consultant will bill the City monthly. The monthly billing will summarize the progress of the project as certified by the consultant. The City will pay the consultant within thirty (30) days of the billing date of the project as certified by the Consultant. The City will pay the Consultant within thirty (30) days of the billing date. SECTION V. TERMINATION OF CONTRACT. A. Termination of Contract For Cause. If, through any cause, the Consultant shall fail to fulfill in timely and proper manner its obligations under this Contract, or if the Consultant shall violate any of the covenants, agreements, or stipulation of this Contract, the City shall thereupon have the right to terminate this Contract by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least five (5) days before the effective date of termination. In that event the Consultant shall have sixty (60) days to furnish all finished or unfinished documents, computer programs, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Consultant under this Contract, which shall, at the option of the City, become its property, and the Consultant shall be entitled to receive just, equitable compensation for any satisfactory work completed on such documents and other materials prior to the effective date of termination. B. Liability. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Contract by the Consultant, and the City may withhold any payments to the Consultant for the purpose of setoff until such time as the exact amount of damages due the City from the Consultant is determined. 6 C. City's Right to Proceed. In the event this contract is ter- minated for cause, then the City may take over and complete the work, by contract or otherwise, and the Consultant and its sureties shall be liable to the City for any costs over the amount of this contract thereby occasioned by the City. In any such case the City may take possession of, and utilize in completing the work, such materials, appliances and structures as may be on the work site and are necessary for completion of the work. The foregoing provisions are in addition to, and not in limitation of, any other rights which the City may have. D. Termination Not For Cause. The City may terminate this Contract at any time, with or without cause, by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. In that event, the Consultant shall have sixty (60) days to furnish all finished or unfinished documents, computer programs, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Consultant under this Contract, which shall, at the option of the City, become its property. If the Contract is terminated by the City as provided in this paragraph, the Consultant will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Consultant covered by this Contract, less payments or compensation previously made. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Orr-Schelen-Mayeron & Assoc. , Inc. CONSULTANT CITY OF SHAKOPEE, MINNESOTA Authorized Signature Gary L. Laurent, Mayor ATTEST: Dennis R. Kraft, City Admin. Title Prepared By: Judith S. Cox, City Clerk Karen Marty City Attorney 129 E. 1st Ave. Shakopee, MN 55379 [KPWCONSL] 7 CONSENT / 3cL MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director A SUBJECT: Wetlands Regulation t0 DATE: January 26, 1992 INTRODUCTION: The City Council must make a determination as to who will administer the new Wetlands Conservation Act within the City of Shakopee Corporate Limits. BACKGROUND: The Wetland Conservation Act of 1991 consists of two phases. The first phase is called the Interim Program and became effective January 1, 1992 and expires on July 1, 1993 . During the Interim Program, Local Governmental Units (LGU) must decide which LGU will administer the program. In the Metro area, the LGU's eligible to administer this program are cities, townships, Water Management Organizations (WMO) , counties, and Soil and Water Conservation Districts. If no LGU assumes responsibility for the program, a moratorium exists on any development that impacts a wetland by draining, filling or burning of the wetland. In effect this moratorium has existed in Shakopee since January 1, 1992 since no LGU has notified the Board of Water and Soil Resources (BWSR) that they are in charge of the program. After July 1, 1993 the Permanent Program is in effect and this program is more restrictive in who can administer it. Only cities, townships and WMO' s can administer the Permanent Program. It would seem logical that the LGU that assumes the responsibility for the Permanent Program should probably take the initiative during the Interim Program as well. During the Interim Program, BWSR will be developing guidelines and provide training to the LGU's for administering the program. After July 1, 1993 the permanent rules go into effect which all LGU's will be required to follow. The rules will be available for public review and comment prior to adoption. What does the program consist of? For all development proposals, the LGU must determine if a wetland will be affected by the development. If no wetlands are affected, the LGU should issue a Certificate of Exemption to the developer/land owner. Certain wetlands are exempt from the act as listed in the attachments. If a wetland is being affected, the LGU should first attempt to re- evaluate the development to see if the wetland can be avoided. If the wetland can't be avoided, the impacts on it should be minimized. And finally, if the impacts can't be minimized, the wetland must be compensated for or replaced. If a wetland must be replaced, a landowner can replace it at a one to one ratio for agricultural land but for a non-agricultural land the replacement is at a two to one ratio (2 acres replaced for every 1 acre of wetland removed) . The Interim Program requires that the LGU establish a technical evaluation panel to make the wetlands determination as well as providing guidance and recommendations to the developer on mitigation or replacement. As a minimum, the panel must consist of a Soil and Water Conservation District member, a Board of Water and Soil Resources member and an engineer from the LGU. Who should assume this responsibility? As far as Shakopee is concerned, the only choices for assuming the responsibility of wetlands is either the City or the WHO' s. Currently, there are four watershed groups that are contained within the corporate boundaries of Shakopee. Two of them are Watershed Districts and the other two are Watershed Management Organizations (WHO's) as follows: Lower Minnesota Watershed District Prior Lake-Spring Lake Watershed District Shakopee Basin WMO Sand Creek WMO The two WMO' s are in no position to assume the wetlands responsibility since these organizations are still in their infant stages and have just recently received State approval on their Water Management Plans. In addition, the WMO's do not yet have any full time staff and have not begun issuing any permits or administering surface water issues. The watershed districts probably have the capability to administer this program since they have been established for a much longer time and have full time staff capable of issuing permits. But the watershed districts only have jurisdiction in portions of the City and in the remainder of the City either the City or the WHO' s would have to assume this responsibility. Based on the above discussion, it appears that the City would be the most capable LGU to assume these responsibilities for the entire corporate limits of Shakopee. The BWSR also considers cities to be the preferred choice for the final Permanent Program for this Wetlands Act. Because they are looking at the cities to be administering the Permanent Program, they would of course prefer to see the cities assume the responsibility for the Interim Program. To date, 27 cities in the metro area, including the cities of Savage and Prior Lake, have already assumed this responsibility. What would be the impacts and costs to the City for assuming this program? On the surface, the amount of staff time and subsequent costs associated with this program do not appear to be excessive, although the exact amount of staff time is still unclear. . The City currently has all the DNR wetlands identified on maps but this program is designed for all those other wetland areas not identified. It will be the role of the Technical Evaluation Committee to determine these wetlands, which may involve actual field inspections. Permanent forms and Certificates of Exemptions may need to be created, although the BWSR is hoping to provide some standardized formats during their training sessions. When plats or development proposals are submitted to the City, it would be a matter of checking to see if any wetlands will be impacted by the development and making the appropriate recommendations for avoidance, minimization or replacement of any wetlands. If a landowner/developer elects not to comply with the recommended mitigation, the BWSR is the agency charged with the enforcement and compliance of the regulations not the LGU. While there will undoubtedly be increased staff time to administer this program and a technical committee will need to be formed, it does not appear to be an item that will consume excessive time. It will be just be one more thing to look at during the development review process of which staff is already spending a considerable amount of time reviewing for City, County and State Standards. RECOMMENDATION: Staff recommends notifying the Board of Soil and Water Resources that the City of Shakopee will assume the responsibility for administering the Interim Wetlands Program. If the City does not take this action and no other LGU assumes the responsibility, the moratorium will continue to exist. ACTION REQUESTED: Move to direct the appropriate City officials to notify the Minnesota Board and Water Resources that the City of Shakopee will assume the responsibility for administering the Interim Program as detailed in the Wetlands Conservation Act of 1991. DH/pmp LGU • ::a':.i:iiiii :'> ..i • :V)iiiii::: .o:. ::.Q::ii .//0�5). lii:- 0.. U`::). 'm:Ei-• clOic :7C<?' L•' E` <0 T ..::::::: 0 »> J....., as c Y >. > c > 4—, U 0) �j 7 U D c OJrn U c 0o c omjU t. 0U 0r 0 o V 7 65 o m m E O . 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Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Fleet Size DATE: January 21, 1992 Introduction The committee of the whole discussed the Management Analyst's recommendation of setting a fleet size and not exceeding that size. The committee's action was to forward the recommendation to Council. Background Attached is a printout showing the vehicles in the City of Shakopee's fleet by department and it also shows the insurance premium. Council may want to consider what is the proper fleet size and have other staff input before setting the size not to exceed, if the Management Analyst's recommendation is followed. One idea that could be explored is how many vehicles should the City have for seasonal employees versus paying a weekly allowance for the use of a personal vehicle. Also, some of the old civil defense vehicles were acquired at no cost and with out council action resulting of course, in an increase in fleet size. Alternatives 1. Do nothing. 2. Set fleet size at current level. 3. Set fleet size at some other level. 4. Obtain departmental input as to minimum/optimum fleet size or justification for the current number of vehicles. Recommendation Discuss and obtain departmental input on the necessary and recommended fleet size. Action Move to direct staff to prepare comments on the minimum and optimum number of vehicles for the City fleet. City of Shakopee Schedule of Vehicles Jan 92 Insurance Description VIN Dept. Premium Assigned Primarily to 2 1982 Chev S-10 PU + cap, radio 39659 ENGIN 247 Eng. Tech 3 1983 Ford Ranger PU + cap, radio 33076 ENGIN 247 Seasonal 4 1987 Chev Nova 103626 ENGIN 270 PW Director 5 1989 Chev S10 PU 1924 ENGIN 247 Eng. Coord. 6 1991 Chev S10 89495 ENGIN 240 Eng. Tech 7 1934 Ford Fire trk - storage 1870656 Fire 134 8 1962 Ford Fire trk 211077 Fire 494 9 1968 Chev Fire trk 157059 Fire 370 10 1974 Chev 3/41 4x4 + grass pak 6732 Fire 355 Asst. Chief 11 1974 Mack fire trk 1588 Fire 683 12 1975 Hend. Aerial fire trk 7512608 Fire 1,258 13 1976 boat trailer 160179 Fire 102 14 1989 Trailer - Hoovercraft 35989 Fire 102 15 1976 Hend. fire trk 2612625 Fire 743 16 1983 Chev 3/47 4x4 + grass pak 151763 Fire 350 17 1985 Hend. Fire trk 16384 Fire 1,213 18 1986 Spartan fire rescue 185961 Fire 1,262 19 1988 Mack fire tanker M001298 Fire 948 20 1990 Ford 1T 4x4 + grass pak 7493 Fire 468 21 1986 Ford Ltd Cr.Vic. (old squad) 169130 Fire 270 Fire Chief 22 1991 Chev Step Van 3501 Fire 488 23 1984 GMC 1/2t PU 514580 INSP. 247 Seasonal/sell 24 1989 Chev S10 PU 3083 INSP. 247 Bldg. Off. 25 1987 Chev Caprice (old squad) 200707 Gvt Bld 270 Custodian 26 1974 Chev step van + equip 317352 Park 257 27 1984 Iveco 1.5T. garbage trk 201194 Park 319 28 1988 GMC 1T PU + Equip 530360 Park 257 29 1979 Homemade trailer 045 Park 102 30 1983 Ford 1T trk 41545 Park 253 31 1988 Pont Grand Am 12962 PLAN 270 City Hall Pooled Car 32 1990 Ford LTD Cr Vic Squad 1764 Police 431 33 1990 Ford LTD Cr Vic Squad 1765 Police 431 34 1990 Ford LTD Cr Vic Squad 1766 Police 431 35 1988 Ply Caravetle 222304 Police 431 Unmarked 36 1988 Subaru 5653 Police 431 Unmarked 38 1987 Chev Caprice 200159 Police 431 Unmarked 39 1987 Chev Caprice (old squad) 200703 Police 431 Unmarked 40 1987 Chev Suburban (squad) 149645 Police 431 41 1989 Ford LTD Cr Vic Squad 76247 Police 431 42 1989 Ford LTD Cr Vic Squad 76248 Police 431 43 1991 Ford LTD CR VIC Squad 72515 Police 431 44 1990 Dodge Dynasty 3364 Police 431 Police Chief 45 1985 Ford LTD 130989 REC. 431 Recreation 46 1952 GMC + sewer jet equip 458 Sewer 314 47 1958 Dodge 3/4 PU + rodder 50075 Sewer 247 48 1974 Int'l 1600 step van + TV equip 10235 Sewer 247 49 1983 Jeep CJ5 + equip 51133 Sewer 247 50 1990 Chev 1T 4x4 dump + equip 3858 Sewer 316 51 1984 IME sewer cleaner trailer 16384 Sewer 163 69 1952 Amphibious trailer 1/4T 380359 Street 102 70 1952 Amphibious trailer 1/4T 382368 Street 102 71 1953 Dodge 3/4 PU 90851 Street 247 72 1954 Dodge 3/4 PU 61605 Street 247 73 1954 Dodge 3/4 PU 60686 Street 247 74 1978 Chev dump truck + equip 50985 Street 343 75 1988 GMC 1T PU 4x4 + Equip 533277 Street 257 76 1980 Ford dump trk + equip JA7106 Street 488 77 1982 Ford dump trk + equip VA47413 Street 402 78 1985 Ford dump truck + equip 68473 Street 446 79 1986 GMC TB 700 Flusher 3200737 Street 482 80 1987 Ford dump truck + equip 41924 Street 468 81 1990 Felling Trailer 72086 Street 319 82 1985 Ford LTD 175662 Street 270 PW staff 83 1989 Ford dump truck + equip 9287 Street 468 1991 IHC Dump truck + equip 390657 Street CONSENT 13v TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Purchase of 1992 Dump Truck DATE: January 30, 1992 Introduction The 1992 budget contains $65,000 for the purchase of a new single axle dump truck and related equipment. Background The 1992 budget contains $65,000 for a new single axle dump truck. Funds are already allocated in the Capital Equipment Fund for this purchase. This unit will replace the 1980 tandem as a front line unit and Public Works intends to keep the 1980 tandem truck on standby. Based on previous Council discussion, the 1978 single axle truck will be sold this summer. The new truck is proposed to be equipped with a diesel engine (same as last year) in order to obtain more power than available with the propane powered units the City currently operates. Additionally, it is proposed to equip this unit with a front plow and a wing which will require more power to plow snow. Other equipment will include a sander and it is planned at this time to have an underbody blade on this unit. The Hennepin County Purchasing Co-operative contract for the 33,000lb GVW single axle dump truck has been awarded to Lakeland Ford Trucks. The body subcontractor for building the box is MacQueen Equipment, Inc. This truck is similar to the truck purchased last year with the exceptions of the interior upgrade for sound reduction, the higher horse power engine, deletion of the spare rim and the additional leaf for the right front spring. Public Works staff recommends the interior upgrade because it has more insulation for sound reduction and it is felt that the 1991 International truck is too loud inside. Scott County reportedly acquires more insulation for sound reduction, Hennepin County reportedly does not perceive a problem with the base level trucks. Truck manufacturers are required to meet state and federal standards for noise levels. Scott County personnel recommended the higher horse power motor for the Ford truck based on their experience. The Hennepin County contract is for 12 trucks and only one truck was listed for having the higher horse power but is also unknown how many of those trucks are planned to be equipped with a wing. The base specification is for 210hp, the 1991 International came with 220hp and the 1992 Ford base bid is 210hp. The cost is as follows: Base bid $34,731.62 Options; 16,0001b front end 1,706.75 240 hp engine 1,500.00 Radio 249.00 Dump body 7,062.00 Butterfly hood 260.00 Service manual 188.00 Subtotal 45,697.37 Additionally staff recommends Delete spare rim (57.00) Additional leaf - rt. front spring 350.00 Radiator mounted grill 126.00 Custom interior upgrade (sound reduction) 326.00 Vehicle inspection, certification 25.00 Dealer total 46,467.37 Additional items recommended for the box Mud flaps in front of rear tires 117.18 Lever action tailgate 187.50 Thicker steel - floor & sides 106.25 Joystick hydraulic controls 556.25 Subtotal - subcontractor changes 967.18 Grand Total $47,434.55 The quotations received for the equipment (front plow, wing, sander and underbody blade) on the truck are not complete yet and will be brought back to Council at a later date. Alternatives 1. Buy truck as per above. 2. Modify above options. 3. Rebid truck on our own. 4. Do not buy dump truck this year. Recommendation Alternative number 1. The cut off to place an order under the Hennepin County contract is February 21, 1991. Action Requested Move to authorize the purchase of a 33,000lb GVW single axle dump truck from Lakeland Ford Trucks in the amount of $46,467.37 plus additional features in the amount of $967.18 from MacQueen Equipment, Inc. /3/ TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: 1991 Interfund Transfers DATE: January 28, 1992 Introduction Council approval of various fund transfers for 1991 is requested. Background Due to various events in 1991, Council approval of the below listed fund transfers is requested. 1. Transfer $100,000.00 from the TIF Bridge Junction Capital Projects Fund to the 86A TIF Refunding Debt Service Fund in order to decrease the capital projects fund - fund balance. This leaves about $40,000 in the Capital Projects fund for the lighting change ordered by Council. Work is starting on the sewer and water system under the mini bypass. It is assumed that Council will use the enterprise funds to pay for these costs. Otherwise, Council should discuss the use of TIF for this project and if so desired, utilize the monies above for the project rather than transferring into the debt service fund. There has been no discussion that I am aware of that considered using TIF for this work. 2. Transfer the remaining balance of approximately $239,376 from the 80A Debt Service Fund to the Capital Improvement Fund to close out the former. Council may want to discuss transferring the monies into the Capital Equipment Fund versus the Capital Improvement Fund. It should be kept in mind that aside from interest income, transfers in from other funds is virtually the only source of monies for the CIF. The 1992 budget shows transfers from closing debt service funds going into the general fund. Other than the planned transfer in 1992, all previous debt service fund surpluses have bee transferred into the CIF. 3. Transfer from the MEBCO Capital Projects Fund to the Debt Service Fund 1986B TIF, $35,000.00 from yearly collections (balance on hand) to partially reimburse the advance from the Motel TIF bonds. 4. Transfer from the Capital Equipment Fund to the General Fund $124,176.52 for the purchase of the following items; Police Squad Hastings Auto 12,699.00 Deputy Registrar 9.50 Code Three 577.00 M V Gas 995.00 Graphics Shoppe 250.00 Lightbars Streichers 550.03 Telephones Executone 10,583.97 Computers Computer Mkt 3,150.00 Portable Radio Motorola 3,948.00 Admin Car North Star Auto 10,119.50 Streichers 613.95 Fire Hose Smeal 4,900.00 Engineering Truck Suburban 8,692.87 Deputy Registrar 549.07 Street Dump Truck North Star Trucks 47,190.85 Deputy Registrar 2,398.19 J Craft 565.00 Ziebart 180.00 Motorola 495.59 Crysteel 1,685.00 Little Falls 10,000.00 Park Seeder Long Lake Ford 3,996.00 Total 124,148.52 5. Transfer from the TIF Trust Fund to the following debt service funds for 1992 debt service payments; 1986A TIF Refunding 150,000.00 1986B GO TIF 155,000.00 1987B GO TIF 196,000.00 1987A GO TIF 335,000.00 1988B GO TIF 118,000.00 1989A GO TIF 415,000.00 6. Transfer from the 1989 Capital Projects Fund to the General Fund, $2,000.00 for the forfeited retainage for tree planting on Third Ave. 7. Transfer $8,736.11 from the TIF trust fund to the 87B TIF debt service fund for final funding in order to close out the debt service fund for the defeased bonds. 8. Transfer $10,753.89 from the Community Recreation Fund to the General Fund to cover the liability for employee compensated leaves (vacation and sick) that the General Fund inherited when the employees were transferred to the city from the former SCR entity. Action Requested 1. Transfer $100,000.00 from the TIF Bridge Junction Capital Projects Fund to the 86A TIF Refunding Debt Service Fund in order to decrease the capital projects fund - fund balance. 2. Transfer the remaining balance of approximately $239,376 from the 80A Debt Service Fund to the Capital Improvement Fund to close out the former. 3. Transfer from the MEBCO Capital Projects Fund to the Debt Service Fund 1986B TIF, $35,000.00 from yearly collections (balance on hand) to partially reimburse the advance from the Motel TIF bonds. 4. Transfer from the Capital Equipment Fund to the General Fund $124,176.52 for the purchase of equipment. 5. Transfer from the TIF Trust Fund to the following debt service funds for 1992 debt service payments; 1986A TIF Refunding 150,000.00 1986B GO TIF 155,000.00 1987B GO TIF 196,000.00 1987A GO TIF 335,000.00 1988B GO TIF 118,000.00 1989A GO TIF 415,000.00 6. Transfer from the 1989 Capital Projects Fund to the General Fund, $2,000.00 for the forfeited retainage for tree planting on Third Ave. 7. Transfer $8,736.11 from the TIF trust fund to the 87B TIF debt service fund to close out the debt service fund for defeased bonds. 8. Transfer $10,753.89 from the Community Recreation Fund to the General Fund to cover the liability for employee compensated leaves (vacation and sick) that the General Fund inherited when the employees were transferred to the city from the former SCR entity. / 3 TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Uniform Provision For Police Chief and Deputy Chief DATE: January 21, 1992 Introduction To the best of my knowledge, there is no criteria set for the provision of uniforms to the Police Chief or the Deputy Chief. Request that criteria be established so that both the employer and the employee know what to expect and how to handle the issue. Background To the best of my knowledge, there is no criteria set for the provision of uniforms to the Police Chief. The City has paid for some uniform items in the past. The Deputy Chief is a new situation in that the previous Deputy was grandfathered into the union provision of an uniform allowance. It is my understanding that the current position and incumbent is completely a non-union position just like any other non-union position and therefore there is no provision set for uniforms. Alternatives 1. Uniform allowance in a set amount. 2. Provision of specific uniform items on a set schedule. 3. Reimbursement of uniform items up to an annual cap. 4. Unlimited purchase of uniform items. Recommendation Alternative 1. Action Move to set an annual uniform allowance for the Police Chief and the Deputy Police Chief in the amount of $ /5h CONSENT The latest printout for budget status is the preliminary December 31, 1991 issue. At this point there are some divisions that may go over their budget for the year, notably the Fire division which shows expenditures at 98 . 2%. There is approximately one months worth of non-payroll activity to go ( December bills paid in January) and the recording of the increase or decrease in the liability for employee vacation and sick leave time. There are three divisions that are showing having exceeded the division total budget. Administration is showing 102 .7% expended, primarily due to the Management Analyst, Engineering at 103 . 0% primarily due to allocation of staff time (charging Engineering vs. Public Works) and Recreation at 103 . 4% primarily due to temporary wages where the budget is $18 , 500 and expenditures are $30, 349 . * 0 * O * 0 * 0 * 000 * 0 * 0 * 0 * 0 * 0 * 0 o' * NJ * NJ * N * NJ * NJ NJ NJ * NJ * NJ * NJ * NJ * N * NJ C) CO * CD * CO * CO * c0 * CD CO c0 * CO * CO * CD * CO * CO * CO S CO * A * A * A * CJ * W W W * C4 * NJ * NJ * I- * I- * 0 rn, I- * UI * A * §-. * co * 0)C)0) * A * CO * W * r * r * 0 C) * CO * V1 * NJ * V * 0 0 0 * CO * A * 0) * CO * A * Cd 7 A H Z V O < 0 0 0 0 0 0 000 0 0 0 0 0 0 > r r r I- I-1.-.1-. 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RE: Application for Temporary Liquor License DATE: January 29, 1992 INTRODUCTION: The City has received an application for a temporary liquor license from the church of St. Mark. BACKGROUND: St. Mark's is planning a Winterfest for February 28th at which they will be having a sit down meal as well as other activities. They wish to be able to sell beer and wine during the Winterfest. For the Winterfest they will be utilizing the cafeteria and gymnasium of the school. The Shakopee City Code does provide for the issuance of a temporary liquor license. A temporary liquor license would allow them to sell both beer and wine (and liquor if they choose to do so) . Such a license can be issued only to a club or charitable, religious or other non-profit organizations in existence for at least three years. The City Code also requires that a licensee have liquor liability insurance. The church of St. Mark does meet the requirements of the Shakopee City Code. RECOMMENDED ACTION: Move to approve the application and grant a temporary liquor license to the church of St. Mark, 333 West 3rd Avenue, for February 28, 1992 . JSC/tiv i3 aof 3 ao TO: Park and Recreation Board FROM: Dave Hutton, Public Works Director ,* SUBJECT: Pool Repairs DATE: January 24, 1992 INTRODUCTION: Staff is requesting authorization to advertise for bids for the municipal swimming pool project. BACKGROUND: Last fall, the City Council of Shakopee authorized the hiring of a consultant, Orr-Schelen-Mayeron & Assoc. , to prepare plans and specifications for making repairs to the municipal swimming pool . The repairs targeted consisted of the following three areas: • Replacement of the pool liner • Replacement of the filter media • Exploring alternatives for increasing the safety of divers using the high dive relative to the diving area wall . The City Council informed staff that prior to authorizing this project to be bid, a more detailed cost estimate based on the actual construction plans should be prepared and the appropriate funding sources identified. The plans and specifications are now complete and staff is requesting City Council authorization to bid the project. Staff would like to summarize the project and key issues for the City Council. 1. Pool Liner Staff has reviewed the two main types of pool liners, hypalon versus polypropelene, and at this time is recommending that the hypalon liner be used mainly because of its durability. The plans and specifications were prepared utilizing the hypalon liner. But staff recognizes that the poly liner is also a very good liner and used quite widely in the industry. Because of that, staff is proposing to bid the poly liner as an alternate to see if there is any substantial cost savings to the City by using this liner. Based on the actual prices of each liner, the City Council can then select the type of liner desired. It is quite common to use alternate bids for analyzing two types of products on construction methods. 2 . Filter Media The plans and specifications require that the existing sand filter system be removed and replaced with a new sand filter media. The current media has exceeded its normal life and is not providing an acceptable level of filtering anymore. 3 . Diving Wall Based on staff's analysis, there are several alternatives for addressing this issue, as follows: • Move the wall • Raise the wall to make it more visible • Add padding to the wall • Lower the 3 meter board • Remove the 3 meter board • Replace the 3 meter board with a 3 meter platform The first two alternatives are structural in nature and would be appropriate to include these in the project if they were selected. The cost estimate for moving the wall further out is $25, 000. 00. Based on this cost and the relatively low level of liability to the City (only 1 or 2 incidents during the life of the diving area) staff does not believe this solution is economically justified. Raising the wall to make it more visible would cost approximately $2 , 000. Aesthetically, this alternative may not be desirable because the wall would be visible and become a temptation for kids to climb on or jump off. The remaining 4 alternatives are independent of the proposed construction and can be done at any time. Staff recommends exploring these 4 alternatives further rather than implement of the two construction related alternatives. The Recreation staff and Park Board will be addressing this issue at a later date and will not be impacting the construction of this project. 4 . Water Circulation Pipe One additional item has been added to the construction project, namely a new water circulation pipe along the bottom of the diving area with jet nozzles. This area of the pool has historically been difficult to control algae due to poor circulation of the chlorine. The proposed jet nozzles will correct this item at a relatively low cost (about $3, 000. 00) . Cost Estimates The Engineer's estimate for the project as described above is approximately $101, 519. 00. Allowing for a 10% contingency amount, the total amount requested is $111, 670. 00. Attached is a detailed breakdown of the Engineer's estimate. Funding Sources Last fall City staff identified several funding options available to the City Council for this project: General Fund Balance, Capital Improvement and the Park Reserve Fund. At that time the City Council felt that this item should be funded from the Park Reserve Fund. Staff does not recommend utilizing the Park Reserve Fund because this fund has historically been utilized for either acquiring park land or making improvements to the Parks. This project does not fall into either one of those categories, but is rather a maintenance item. The pool liner and filter system are simply worn out and need replacing. When the project is completed there will be nothing added to this facility. The current Park Reserve Fund has a balance of approximately $223 , 000. 00 and utilizing this fund would severely reduce the balance available for acquisition or improvements. Staff recommends utilizing either the General Fund Balance or the Capital Improvement Fund. The Capital Improvement Fund has over $2 . 0 million in it, which was originally earmarked for a new City Hall. Now that a new City Hall will not be constructed, it would seem to be an appropriate fund for this type of capital expenditure. Bidding and Construction Schedule If approved by the City Council, staff is proposing the following schedule February 4th - City Council authorization to bid February 13 - Advertise in paper March 5th - Bid Opening March 17th - City Council awards bid March 31st - Contracts signed, bonds received April 1 - May 29 - Construction Period June 6 - Pool opens Staff does not feel that the above schedule will be a problem with the exception of the state-imposed spring weight restrictions on highways. In early spring (March) the state imposes weight restrictions on all highways. These weight restrictions remain in effect until around May 1. During that period, heavy vehicles are prohibited from driving on the highways. This could impact this project because the contractor may not be able to get his equipment into the area to start construction as easily which could increase the overall project costs. The only way to avoid this situation would be to postpone the construction until after the pool closes in the fall. Based on the condition of the liner, staff feels the work should be done this spring before the pool opens. At this point, the actual impact on the project costs due to the weight restrictions, if any, are not known. Due to the competitive bidding market it may not have any noticeable impact. Park and Recreation Advisory Board Recommendation: The Park and Recreation Advisory Board recommends proceeding with the bidding and construction of this project as soon as possible to have the repairs completed by the June 6, 1992 pool opening. The Board also recommends utilizing either the General Fund balance or the Capital Improvement Fund for this project. ALTERNATIVES: 1. Authorize the project to be bid as specified. 2 . Modify the specifications prior to authorizing the bid. 3 . Deny the request. RECOMMENDATION: Staff recommends Alternative No. 1. Staff is also seeking City Council direction on the funding source to be used for this project. ACTION REQUESTED: Move to approve of the plans and specifications for the swimming pool repairs and authorize staff to advertise for bids on this project and to direct staff to utilize the Fund to pay for this project. DH/pmp POOL JAN 27 '92 08:3 7 OSM MPLS, MN P P.._ Iw�l oololooOoo c:o1 o 0oo11 I ,0) oo1OloOoloo oo $lo 000I, 0 0 0 Ia f, st COTr' 619600c o`coc oco ci o Cr; N " �'I r LOA o O.o 0 0 0 CO O 0 0 rt •-- ii0 !� i N 69 I,: T T 69 N O _� Q C LV I� N 69N NIN 6969 N ' 0 69 5 5 0 r IH 0Ooo ocoo OoIoO 000 N fL) Lt) cv o�o�o o + C �' r r T N �I� O N O S N g N4) 4) S3 A�if) 1q Nr 690 r 69 69 _Z m N • i� N C5 I N Z 1i l I I �I I Ell Ln N C�" tCi OO LA T 1.... p T O (.0p O r r N - ►�Z II Lr) N r � p 0 I 0 LU UU �LLi tt5 Lid L1J LLa (..J Uu- U Q 7.1'' II QS To a tr; co C Cii E L a) �, sz.0 •° o m ;w '' E ° cr c W ° O °a 73 y ' w = VT c ei n �' W c O = io >. R 0 Gs �l = NJ as !Ca , o r7) ..9„ ,, ,_ a--- c. 2 ' °Do ' 1 (3) " r oiy, on •= Q a cs c c F. _ ° R S;; as O U ^ vs x cl N a v as 0 Lc - a 0- 4) ..1 ate'. 05 rn i I c, y vj cc ? 0 Z =' V v y a) -Z• =o . co 7 2 co. ticc a oaxco 1111-, 2 H = . 0 0 cv m NU0 = O1 � _`� yl0j — Q., co , m Qc If - — i0 y Oi Lcii I MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Sand Creek Water Management Organization (WMO) DATE: January 29, 1992 INTRODUCTION: The Sand Creek Water Management Organization is requesting action regarding the City of Shakopee's representation on that board. BACKGROUND: Currently, the Sand Creek WMO is comprised of 11 cities and townships. The Joint Powers Agreement provides for all 11 entities to be represented on the board and have voting privileges. The Sand Creek WMO would now like to consolidate the 4 smallest members and provide that 1 representative be appointed from the combined 4 . The 4 members that have a very small area within the Sand Creek Watershed boundaries are the cities of Prior Lake and Shakopee and the townships of Louisville and Spring Lake. The approximate acres of each entity is listed in the attachments. The portion of Shakopee that is located in this WMO is the very southernmost acres as shown on the map in the attachment. Staff (or officials in the case of townships) from all 4 entities have met to discuss the most appropriate representation. The recommendation from the group is to appoint Clancy Kaiser from Spring Lake Township to represent the 4 entities on the WMO Board. The City Council of Shakopee needs to make a formal appointment and submit to the Sand Creek WMO to make this appointment effective. ACTION REQUESTED: Move to appoint Mr. Clancy Kaiser of Spring Lake Township to represent the City of Shakopee on the Sand Creek Water Management Organization. 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I N ' • - 3- 1' • — 2 . 5 1 .• •• O - I I I I I < >: 2 ,.. - - 1 • O 2 O 4 i i . I t 1• ••• 0 I... 0 0 O 2 a. 82 i •. i CC 0 Z 2 0 . 0 al . f Ji.zsr- riP Agri- IIII 1 °I D cc _, - . -, . 13, < : : ,. 0 .1 . _ . .. . . _„ . . _ : _I: ,-..,r.-. k • / t 0 i 611 ,-,), \ _„-- . (:) _ 1... ,. 00., Cl) I—CC ‘401:. 0 - ..1 s 1 W () i ''' : •.•;•4_,, .1 I I'm 0 ..., icic I k i 1 4s• co .. . , . _. 0000 • \ • •' • •\._,, v-- CNII • ; r_. g i 00..,,, 1i .. • 0 "T--• -e--... — ,,,„, , 6 e..••••: r ‘. r : U• • v t...I .....1( , . . . Table 1. Land area within legal boundaries for Townships and Cities of the Sand Creek WMO in Scott County. LEGAL BOUNDARIES Land Area (acres) Land Area (%) City of Jordan 1, 395 1.4 City of Prior Lake 195 0.2 7. City of Shakopee 915 0.9 Belle Plaine Twp 15, 907 15.4 Cedar Lake Twp 23,040 22.3 % Helena Twp 22, 278 21.5 % Louisville Twp 4, 307 4.2 % New Market Twp 9,209 8.9 % St. Lawrence Twp 2,957 2.9 % Sand Creek Twp 18,061 17.4 % Spring Lake Twp 5, 100 4.9 % Jackson Twp 29 0.03 % 103,393 100.0 % 1-3 CONTRIBUTORS The Sand Creek Watershed Management Organization Board of Commissioners (each Township and City is represented a Commissioner) has overseen the preparation of this Plan. Watershed Board of Commissioners Belle Plaine Township, Ronald Solheid Cedar Lake Township, George Pexa Helena Township, Jack Witt, Chairman City of Jordan, Ronald Jabs, Secretary/Treasurer Louisville Township, Darrell Jahn { New Market Township, Edward Wagner City of Prior Lake, Bruce Loney St. Lawrence Township, Allan Quatman Sand Creek Township, Thomas Kes City of Shakopee, Ken Ashfeld, Ray Ruuska, David Hutton Spring Lake Township, Clarence Kaiser Report Preparers and Advisors Steven McComas, Principle Author, Blue Water Science, St. Paul, MN, and Scott Soil & Water Conservation District, Jordan, MN X Pete Beckius, Scott Soil & Water Conservation District, Jordan, MN John Pascal, Soil Conservation Service, Jordan, MN Bill Schmokel, Scott County Surveyor, Shakopee, MN Jon Westlake, Scott County Planner, Shakopee, MN Eugene Schwingler, Scott Soil & Water Conservation District Supervisor Dallas Bohnsack, Scott County Commissioner William Koniarski, Scott County Commissioner Roger Knutson, Legal Advisor - ii.., • --. • • ....... •17.N. .--.....: : • , . 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The City of Shakopee currently has over 60 miles of sewers that need to be maintained regularly and this number is increasing annually as development occurs. The current .fetter is old, outdated and cannot perform the amount of maintenance necessary to keep the sewer system in adequate condition. The jetter is mounted on a 1940 army truck that requires a substantial amount of maintenance and for which parts cost as much as 10 times the normal parts . It is proposed to purchase a new jetter on a truck to replace this equipment. The bid specifications have been prepared and are attached for City Council information. Staff is requesting authorization to advertise for bids for this equipment. This equipment would be funded out of the Sanitary Sewer Fund. ALTERNATIVES 1 . Authorize the bidding for the equipment as specified. 2 . Revise the specifications prior to authorizing the bidding. 3 . Do not purchase the new jetter. RECOMMENDATION Staff recommends Alternative No. 1 . ACTION REQUESTED Move to authorize the advertising for bids for the new sewer jetter. CITY OF SHAKOPEE NOTICE OF BIDS ONE ( 1 ) NEW 1992 MODEL TRUCK COMPLETE WITH NEW HIGH VELOCITY SEWER CLEANER I . GENERAL It is the purpose of the specifications to establish minimum quality and performance standard for: One ( 1 ) New 1992 Model Truck Complete with New High Velocity Sewer Cleaner Any bid in which a bidder has failed to show without a doubt that he is quoting on a model regularly manufactured and described below will not be considered. The vehicle and sewer cleaner shall be equipped with all standard equipment, as currently advertised by the manufacturer, whether or not specifically mentioned in this specification. Any exceptions or variations from the specifications must be noted in the proposal . SERVICE AND WARRANTY The bidder shall furnish a standard Manufacturer's Service and Warranty Policy, and shall pay any costs of inspection or adjustment that may be necessary, as provided by said Service Policy. List where service is available . DELIVERY The Vehicle and Sewer Cleaner shall be delivered F.O.B. to the City of Shakopee for acceptance, subject to the City' s inspection and approval . Delivery should be within 120 days. M.S .O. should be submitted upon delivery. The successful bidder will provide a qualified service representative for a minimum of sixteen ( 16 ) hours during regular City working hours, to instruct City personnel on the operation and maintenance of the unit. Of these 16 hours ; 8 hours will accompany truck arrival and acceptance; 4 hours during first schedule truck maintenance ; and 4 hours at request during the first year of operation of the unit. Payment terms 30 days net after delivery. 1 • GUARANTEE The successful bidder shall guarantee the equipment against defective material of workmanship for a period of one year from date of final acceptance by the City. Any material found defective within the guaranteed period shall be replaced, at the manufacturer' s and/or supplier' s expense. MANUFACTURER'S SPECIFICATIONS Complete manufacturer' s specifications shall be submitted with each bid. Insufficient descriptive information may be cause for rejection of the bid. SERVICE MANUALS Two complete shop manuals, parts manuals and operations manuals shall be furnished for both the truck and sewer cleaner. One complete shop manual , parts manual and operations manual for truck. The Truck and Sewer Cleaner must comply with all OSHA safety standards . All illustration drawings may be required before the bid is accepted. BID DEPOSIT A certified check, cashier' s check or bid bond is required to be submitted with the bid in the amount of 5% of the total base bid. The bid deposits of unsuccessful bidders will be returned when a contract has been awarded or thirty ( 30 ) days after the bid opening, whichever comes first. The bid deposit of the successful bidder will be returned after the contract has been awarded and the performance bond received. II . QUALIFICATIONS OF BIDDERS/APPROVED EQUAL To gain consideration as an "approved equal" , the prospective bidder must make available to the City for its use the same model of the piece of equipment it intends to bid as an "approved equal" . This equipment shall be furnished at least five ( 5 ) working days prior to the opening date of bids. A piece of equipment must be available for demonstration by the City during that period so the City can evaluate its performance. In addition, the prospective bidder shall furnish a list of cities in the State of Minnesota, preferably in the seven county metropolitan area who are currently operating the model of machine intended to be considered as an "approved equal" . Following the review of the unit and the information 2 Following the review of the unit and the information furnished, the City will notify the prospective supplier of an "approved equal" unit whether or not it will be accepted for bidding and whether or not it meets specifications. The notification shall be given at least two ( 2) days prior to the opening of bids . III . SPECIFICATIONS FOR NEW 1992 MODEL TRUCK CAB Conventional with tilt hood and stationary grille. Ford LN8000 or Equal . insulated head liner. Insulated rubber floor mat. MISCELLANEOUS Integral factory installed front frame extension. Front power take off factory modification. Locking T-handle manual throttle. Full range governor. Truck shall be D.O.T. inspected and stickers on truck before delivery to City. GROSS VEHICLE WEIGHT 33 ,000 lbs . minimum. CAB TO AXLE 84 inches minimum. WHEEL BASE 150 inches minimum. FRONT AXLE 12 ,000 lbs . minimum - oil lubricated wheel bearing. FRONT SPRINGS 13 , 200 lbs. minimum. REAR AXLE 21 ,000 lbs. minimum - single speed geared for 65 mph top speed. REAR SPRINGS 23, 100 lbs . with 4 , 500 lbs . auxiliary minimum. FRAME 15.9 section modulus 110,000 PSI minimum. ENGINE 210 HP at 2300 RPM. Turbo charged diesel or equal. 3 ENGINE EQUIPMENT Engine oil cooler. Spin on Fuel Filter. Standard Glass Water Separator. Full Flow Oil Filter Dry Type Air Filter with Restriction Gauge. Fan Clutch. Silicone Hoses . High Temperature, Low Oil Shut Down. Electric Key Engine Shut Down. Inline Fuel Heater. BATTERIES Dual 625 CCA RADIATOR Heavy duty over-standard, extra cooling, specifically cored ( if necessary) to accommodate front crankshaft power takeoff and permanent antifreeze to not less than -30 degrees F. EXHAUST Single RH horizontal muffler and vertical pipe with heat guard. ALTERNATOR 90 Amp. minimum. TRANSMISSION Allison Automatic MT 653 . Complete with cooler with oil temperature gauge ( in cab) and external filer assembly - P/N 23042061 . STEERING Power. Complete with cooler. BRAKES Heavy-duty split full air brakes, 13 CFM air compressor, low air pressure buzzer with lining contact area not less than 500 square inches . Furnish with an air dryer equal to Benaix model AD-9 system guard. Also one air park brake. Automatic slack adjuster on all wheels . S Cam Brakes . 4 GAUGES Full package with tachometer and hour meter. Hour meter to be started with oil pressure switch from engine. FUEL TANK 50 gallon step tank, L.H. HORNS Dual air horns . DOME LIGHT MAP LIGHT WINDSHIELD WIPER Electric washer intermittent wipers and 2 speed wipers . MIRRORS Dual West Coast. TIRES ( 6 ) 11 :00 R 22 . 5 Tubeless . TURN SIGNALS Self canceling. HEATER AND DEFROSTER Largest available. Silicone hoses . BACK UP ALARM Electric. WHEELS ( 6 ) Hole disc type. COLOR Blue - inside and outside of cab. Manufacturer' s Standard. SEAT Heavy duty vinyl full width bench seat . SUN VISORS Left and right hand. RADIO AM-FM push button. IV. SPECIFICATIONS FOR A NEW 1992 HIGH VELOCITY SEWER CLEANER GENERAL It is the intent of these specifications to describe a truck mounted high velocity water machine designed to remove grease, grit and other materials from sanitary, storm and combined sewer pipes . Standard equipment and accessories will be those stated in the manufacturer's standard literature except when modified to meet these specifications . Standard product items shall be removed only when necessary to install other items in lieu there of to comply with these specifications. 5 Standard product items removed must be stated in the bid. All equipment and components shall be bid new and unused. Machine is to be serviced and ready for operation upon delivery. The sewer cleaning unit when fully loaded, including a full tank of water, shall be certified not to exceed chassis specifications for front and rear axle weights. Dealer and manufacturer shall provide a one year warranty minimum, parts and service included for machine and accessories F.O.B. at the City of Shakopee. Exceptions taken must be listed on a separate sheet entitled "Exceptions to Specifications. " Failure to list separately may result in disqualification. A field demonstration of the unit bid is required before bid opening date. The successful vendor will be required to provide a minimum of 16 hours of operation and maintenance instructions upon delivery of the unit. It is the responsibility of the successful bidder to install the Sewer Cleaner as part of the bid price. TANK The water tank shall have a capacity of at least 1500 U.S. gallons . It shall be constructed of heavy 7 gauge steel ( 3/16" ) . One cross and two longitudinal baffles and stiffeners shall be provided to prevent distortion and sloshing. The baffles shall be securely bolted to flanges welded to the interior, so that they may be removed and full access gained into the tank. The entire interior including the baffles shall be epoxy coated. The water tank shall be constructed without weld seams in the corners . The entire tank top shall be removable, allowing full access into the tank and the removal of the interior baffles if necessary. The top shall be designed to remove in two sections, with sufficient support for each section. It shall be securely bolted to the tank top and sealed with a rubber gasket. The water pump intake line shall be located above the bottoms of the tank to prevent sediment from entering the suction line. No pipes shall be located inside the water tank. 6 A low water warning light shall be provided. There shall be a shut-off valve provided between the tank and the suction side of the pump. The tank fill system shall have national standard fire thread, male fitting for 2 1/2" hose . The fittings shall be located at the lower rear center of the unit to allow filling from either side or rear of the unit. The fill pipe shall be mounted outside of the water tank, through the engine compartment and shall have an air gap or other suitable backflow prevention installed. A lockable storage area shall be provided for the fill pipe and fill hose at the rear center of the unit. It shall have an expanded metal screen type floor. An expanded metal screen strainer shall also be provided into the tank fill system to prevent debris from entering the tank. There shall be a 2" diameter or larger water level dial indicator gauge to show the amount of water in the tank, mounted at the operator's station. There shall be no fill pipes or water level indicators mounted on the sides of the unit, to allow for a streamlined design and to prevent damage from branches, etc. The tank shall be drained and cleaned by a 2" valve. The control handle for the valve shall extend to the curb side of the unit, within a lockable compartment for safety reasons . A ladder shall be provided for access to the tank top. It shall be permanently mounted on the curb of the unit. PUMP The pump shall produce a minimum of 65 GPM (4 2000 PSI with a crankshaft speed not exceeding 500 RPM. It shall be a heavy duty positive displacement, single acting triplex type. Minimum pump weight shall be 525 pounds . Pump construction shall include an enclosed oil bath crankcase, ductile iron cross heads with non-floating hardened steel piston pins, bronze piston pin bushing, replaceable steel backed babbitt connecting link bearings, hardened helical gears , heavy-duty tapered type roller bearings on the crankshaft and pinion shaft. Corrosion resistant hardened steel cylinders shall be thermal shock proof. Plunger backing of neoprene, cotton duck impregnated, shall be easily accessible for replacement without removing the valve manifold. For easy removal while servicing the valves and piston packing, the valve chamber shall be equipped with clamp "0" rings access cover. Threaded access covers will not be acceptable. Both the fluid and gear ends of the pump must be of the same manufacturer and be enclosed in a solid cast type casing . Protective cover will be installed where all hoses rest on chassis frame, etc. to protect from external wear and abrasion. POWER PUMP The high pressure water pump shall be driven hydraulically with the truck engine as the power source. Belt drives and transmission PTO' s will not be acceptable . The high pressure water pump shall be driven by a direct coupled hydraulic motor. A live drive shaft shall be directly coupled to the front of the truck engine for powering the hydraulic pressure compensating pump. The hydraulic oil reserve shall be no less than 24 U.S. gallons . The hydraulic oil must be filtered through dual filters mounted on the suction line. PUMP COMPARTMENT A full width access door with horizontal piano-type hinges shall be provided on reel (R.H. ) side of the pump compartment. They shall be mounted on full length horizontal piano-type hinges, with paddle type latches and gas struts . Doors must be minimum of 45" x 70" opening. The entire pump compartment shall be constructed of a minimum 14 gauge steel . It shall be designed to allow full access into the compartment from ground level . Roof access will not be accepted for reason of safety. A solid metal floor shall be provided in the compartment. It shall be a minimum of 12 gauge steel . SEWER CLEANING HOSE REEL AND HYDRAULIC SYSTEMS The capacity of the left rear mounted hose reel shall be 1000 feet of 1" I .D. high pressure hose. The unit shall be equipped with 600 feet of hose without a splice. The hose 8 shall be one ( 1 ) inch heavy duty plastic and shall be the type specifically designed for sewer cleaning applications . It shall be resistant to scuffing, acids and grease. A twelve ( 12 ) foot leader hose shall be provided. All hoses and fittings shall be capable of withstanding the maximum pressure the pump may produce with a reasonable margin for safety, and withstand a minimum of 3000 pound tensile load without damage and have 5000 PSI minimum bursting strength. The hose real shall have one piece, formed reel flanges . The reel shall be designed to withstand maximum working pressure without distortion and prevent hose damage during all working conditions . The hose reel shall be powered in both directions by a hydraulic motor. The hydraulic pump shall be powered by direct coupling to front of truck engine. The hose reel shall also be equipped with a hand crank for manually retrieving the jet hose. A direction control valve and a separate speed control valve shall be provided at the operator' s station for controlling the hose reel . The built-in overload relief valve and the hydraulic hose shall be rated for the maximum system. Example of an acceptable bid unit is SRECO model HV-2000TM- H. Included with machine, a goFER Hydraulic root cutter, complete with skids and root cutters for 4 , 6 and 8 inch pipe. HOSE LEVEL WINDER An automatic, hands free, level wind assembly shall be provided to properly align the sewer hose onto the reel without either operator or hydraulic power assistance. The level wind shall automatically wind the sewer hose while the hose reel is in forward or reverse rotation. This level wind assembly may be converted to manual mode, if ever desired, by the simple means of removing a spring loaded pin and small guide assembly. There shall not be manual controls to actuate the automatic level wind. FOOTAGE METER A footage meter and roller assembly is to be provided to work in conjunction with the automatic level wind assembly. The footage meter shall be mounted on the control panel , directly in front of the operator. To prevent damage, it shall not be located on the automatic level wind assembly. 9 AIR PURGING VALVE An air valve shall be provided to purge the sewer cleaning hose of water to prevent freezing. The air valve shall be a quick-disconnect type to be used in the washdown gun fitting. It shall also be capable of purging air through the piping to the water pump and recirculating line back to the water tank. CONTROLS All controls shall be within easy reach from the operator' s station including the throttle control of the pressure compensating hydraulic pump. The following controls shall be provided: Locking engine throttle, hose reel speed control ,hydraulic oil pressure gauge, water control level , water systems pressure gauge, hose reel rotation, level , shall be detent type, low water warning light, washdown gun control , washdown gun fitting, water level dial indicating gauge ( 2" ) and tachometer. PIPING The high pressure water piping system shall utilize class 80 pipe, with forged steel fittings. Pump suction and low pressure return lines to be standard weight with malleable fittings . The piping system shall have drain plugs to allow draining or purging with compressed air, if the machine is to be exposed to subfreezing temperatures. A 20 mesh screen strainer shall be installed in the suction line to the pump and be checkable from ground level . A full flow regulator adjustable from 0-2000 PSI shall regulate pressure to the cleaning nozzle. This valve shall be of the repairable type. It shall be factory preset at 2000 PSI . The water control lever shall allow for recirculating water back to the water tank or to the hose. It shall be located at the control panel . Units using ball valves to divert water flow will not be acceptable. HIGH PRESSURE HAND GUN SYSTEM Piping for the hand gun system shall be provided as standard, including a quick-disconnect fitting located at the control panel . 10 A high pressure hand gun with a "dead man" trigger, complete with 25 foot 1/2" I .D. high pressure hose shall be furnished with quick disconnect fitting. A relief valve, independent of the sewer cleaning relief valve shall regulate pressure through the hand gun at 1000 PSI for operator safety at full throttle. It shall be adjustable from 0-1000 PSI . This valve shall be of the repairable type. BODY Tool boxes forward of the rear wheels shall be provided. They shall be constructed of minimum 14 gauge hot dipped galvanized steel with paddle type latches keyed alike to match access doors . Skirting shall be provided on the sides of the unit. It shall be a minimum of 10 gauge steel , extending the full height of the tool boxes without cuts for the rear wheels . A tool storage area for large items shall be provided extending the width of the unit, located behind the rear wheels. Access doors shall be provided on each side of the unit. It shall be a minimum of 14 gauge hot dipped galvanized steel . The storage compartment for the fill hose, located at the rear center of the unit, shall also provide storage of long handled tools . No exposed tool trays shall be furnished to prevent rust formation, and other safety reasons. The unit shall be designed to carry all necessary tools and accessories in concealed, lockable storage boxes. All lights shall be I .C.C. approved. ALL WEATHER OPERATION The sewer cleaning unit shall be designed to provide maximum protection to the operating components during cold weather operation. A system must be provided for recirculating the sewer cleaning water through the pump, cleaning hose and tank while truck is moving to prevent freezing in the cold weather. A rear door covering the operating controls and sewer hose shall be provided so that all of the operating components are protected. Provisions for locking this door in open and closed position shall be provided. Gas filled struts shall 11 be provided to open, raise and support the rear door. Door must be hinged in the middle. PAINTING All metal including inside of compartments shall be cleaned and primed before painting; the manufacturer' s color for the unit shall be Blue, same as the cab. STANDARD ACCESSORIES These items shall be delivered as standard with unit: One ( 1 ) 12 volt forced air blower capable of 900 CFM with 15 feet of 8" air duct self contained within the unit shall be supplied with the exhaust hose accessible from under the reel at the rear of the truck. The intake of the blower shall be in the pump area of the truck. The switch for the blower shall be mounted on the machine control panel . One ( 1 ) 35 degree stainless steel nozzle with 12 rear jets and one forward. One ( 1 ) 15 degree stainless steel nozzles with 6 rear jets and one forward. One ( 1 ) Ice Penetrator Nozzle Stainless Steel. One ( 1 ) Culvert Nozzle with 2 rear jets . One ( 1 ) lower hose guide, 3 : I .D. with 20' rope. One ( 1 ) Proffer with 10 replaceable skids for 8" pipe. Top manhole easement roller. Left and right hand track mounted easement rollers with quick opening. 25 foot fill hose, 2 1/2" polyester coated hose with 2 1/2" National Standard Fire Thread "female" fitting on one end and 2 1/2" National Standard Fire Thread "male" fitting on the other end. One ( 1 ) 80,000 BTU dual speed heater with booster water pump piped from the engine cooling system to sufficiently heat entire pump compartment. The control shall be mounted inside of cab with control indicator. One ( 1 ) pump compartment light. One ( 1 ) control panel light overhead type . 12 One ( 1 ) retractable spot light. Two ( 2 ) sets operating manuals and instructions for sewer cleaner. One ( 1 ) complete set shop manual , parts manual and operations manual for truck. It is understood that bids may not be withdrawn for a period of thirty ( 30) days after the date and time set for the opening of the bids. it is understood that the City Council reserves the right to retain the certified check or bid bond of the three ( 3 ) lowest bidders as determines by the City Council for a period not to exceed thirty ( 30) days after the date set for the opening of the bids . In submitting this bid, it is understood that the City Council reserves the right to reject any and all bids ; to waive irregularities and informalities therein, and to award the contract in the best interest of the City. 13 BID PROPOSAL ONE ( 1 ) NEW 1992 MODEL TRUCK COMPLETE WITH NEW HIGH VELOCITY SEWER CLEANER TO: City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 The undersigned hereby agrees to furnish the equipment listed below in accordance with the specifications on file in the office of the Public Works Director. BASE BID One New 1992 Model Truck $ New High Velocity Sewer Cleaner $ TOTAL BASE BID AMOUNT $ NOTE: Any deviations from the specifications of the equipment bid shall be listed here. Failure to do so may be reason for rejection of the bid. Manufacturer and Model Number: This machine will be delivered on or before: Guarantee: This machine will be equipped and ready for service when delivered, subject to inspection and acceptance by the Public Works Supervisor. Complete parts and service facilities for the above machine are available at: Bid and performance security in the amount of 5% of the Base Bid accompanies this proposal , the same being subject to forfeiture in the event the equipment is not furnished by the date specified, if the undersigned is designated by the City Council as the lowest responsible bidder and a purchase order is executed by the Finance Director . Respectfully submitted, Printed Name of Bidder: Signature of Bidder: Address of Bidder: Telephone Number: State whether bidder is : Individual : Firm: Partnership: By: Names of Partners : Titles: Address : Corporation: Telephone Number: State is which incorporated: CO1\ SENT 3/KJ MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Removal of "Acting" from the Deputy Police Chief Title DATE: January 31, 1992 INTRODUCTION: At the City Council meeting of January 7, 1992 Sergeant Jerry Poole was appointed Acting Deputy Police Chief. The term Acting was added to his title because of the pending reorganization that the City was considering. BACKGROUND: Former Deputy Police Chief John DuBois took advantage of the City's early retirement offer last month. Subsequent to his retirement the Police Chief recommended that Sergeant Jerry Poole be promoted to the position of Deputy Police Chief. The City Council discussed this request and decided to include the word "Acting" in the title of the Deputy Police Chief because of the potential reorganization and creation of a Public Safety Administrative position. At the special City Council meeting of January 28, 1992 the City Council adopted an organizational concept that excluded the Public Safety Administrative position. The City continues to have separate Police and Fire Departments. It is appropriate at this time for the City Council to consider the removal of the word "Acting" from the title of the Deputy Police Chief. As was mentioned by Chief Steininger at the Council meeting of January 7th, the Deputy Chief serves at the pleasure of the Police Chief and if there is a need to later make a change in the title the Chief is empowered to do so. ALTERNATIVES: 1. Amend the City Pay Plan and remove the word "Acting" from the title of Deputy Police Chief. 2 . Do nothing at this time. RECOMMENDATION: It is recommended that the City Council amend the 1992 Pay Plan by deleting the word "Acting" from the Deputy Police Chief title. ACTION REQUESTED: Move to amend the 1992 Pay Plan by deleting the word "Acting" from the title of Deputy Police Chief. COST / 3 MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Murphy's Landing DATE: January 30, 1992 INTRODUCTION & BACKGROUND: On January 28, 1992, the Committee of the Whole moved to recommend to City Council that they explore possible ways to assist Murphy's Landing and what impact any assistance alternatives would have on the City budget. It would be appropriate at this time, for the City Council to officially direct the appropriate City officials to explore possible ways to assist Murphy's Landing and analyze the financial impact of any alternatives on the City budget. Possible items for analysis shall include, but not be limited to, water and sewer costs, benefits for employees, the use of park dedication funds, the use of City employees to maintain the grounds, audit procedures and costs, and insurance costs. ACTION REOUESTED: Move to direct the appropriate City officials to explore possible ways to assist Murphy's Landing and analyze the cost impact of alternatives on the City's overall budget. BAS/tiv TAMI/MURPHY CONS ,... ,....., I 41 h ENT RESOLUTION NO. 3541 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, REQUESTING THE USE OF A STATE OWNED BUILDING FOR POLICE AND FIRE TRAINING. WHEREAS, the State of Minnesota Department of Transportation is taking possession of the building located at the following address: 211 West First Avenue, in the City of Shakopee; and WHEREAS, this building is scheduled for demolition in order to make room for additional road construction; and WHEREAS, the Shakopee Police and Fire Departments would like to use this building for police and fire training purposes including forced entry, ventilation, SCBA training, arson training, search and rescue, ladder training, and hose and nozzle training; and WHEREAS, the City of Shakopee would assume all liability for all claims for damage, actions or causes of action arising out of negligent acts of the State, its agents and employees, hold the State harmless from any such claims; and WHEREAS, the Minnesota Department of Transportation has tentatively agreed to the use of this building for fire training purposes subject to the passage of this resolution. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Shakopee that the Police and Fire Departments are authorized to arrange with the Minnesota Department of Transportation for the use of the premises at 211 West First Avenue, in Shakopee, Minnesota, for training purposes. Dated this day of , 1992 . Mayor of the City of Shakopee Attest: City Clerk Approved as to form: `'__ �---)0 City Attorney i [BURNING.RES] COj\JSENT ITh MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Renewal of Premises Permit for the Knights of Columbus DATE: January 30, 1992 INTRODUCTION: The Knights of Columbus Council #1685 Shakopee is making application with the Minnesota Gambling Control Board for renewal of their Premises Permit at 1760 East 4th Avenue. Attached is Resolution No. 3540 which approves the Premises Permit for the Knights of Columbus beginning April 1, 1992 through March 31, 1993 . RECOMMENDED ACTION: Offer Resolution No. 3540, A Resolution of the City of Shakopee, Minnesota, Approving a Premises Permit for the Knights of Columbus Council #1685 Shakopee, and move its adoption. JSC/tiv RESOLUTION NO. 3540 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING A PREMISES PERMIT FOR THE KNIGHTS OF COLUMBUS COUNCIL #1685 SHAKOPEE WHEREAS, the 1990 legislature adopted a law which requires municipal approval in order for the Gambling Control Board to issue or renew a premises permit; and WHEREAS, Knights of Columbus Council #1685 Shakopee is seeking renewal of their premises permit through March 31, 1993 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the premises permit for the Knights of Columbus Council #1685 Shakopee, 1760 East 4th Avenue, Shakopee, Minnesota, be approved. Passed in Regular Session of the City Council of the City of Shakopee, Minnesota, held this 4th day of February, 1992 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney CONSENT G MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Appointment to Board of Review DATE: January 28, 1992 INTRODUCTION & BACKGROUND: At their regular meeting on January 21, 1992, the Shakopee City Council nominated Steve Clay to the Board of Review for 1992 . Mayor Laurent has spoken with Mr. Clay and Mr. Clay has agreed to serve on the Board of Review for 1992. It is now appropriate for the City Council to appoint Mr. Clay to the Board of Review. Attached is Resolution No. 3536 making this appointment. RECOMMENDED ACTION: Offer Resolution No. 3536, A Resolution Appointing Steve Clay to the 1992 Board of Review, and move its adoption. JSC/tiv RESOLUTION NO. 3536 A RESOLUTION APPOINTING STEVE CLAY TO THE 1992 BOARD OF REVIEW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, That Steve Clay is hereby appointed to serve on the Board of Review for 1992. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of February, 1992 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney / Ye] MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Vierling Drive Between C.R. 79 and C.R. 17 DATE: January 29, 1992 INTRODUCTION: Attached is Resolution No. 3537, receiving a report and calling for a public hearing on street improvements to Vierling Drive, between County Road 79 and County Road 17. BACKGROUND: On September 17, 1991 the City Council of Shakopee ordered the preparation of a feasibility report for the construction of Vierling Drive between County Road 79 and County Road 17 by Resolution No. 3468. The feasibility report has been completed and the report is attached for Council review. A public hearing is required on the project prior to determining if the plans and specifications should be prepared. Attached is Resolution No. 3537 which receives the feasibility report and calls for a public hearing on the proposed improvements. The resolution sets the date for the public hearing for March 10, 1992 at 7 : 30 P.M. ALTERNATIVES: 1. Adopt Resolution No. 3537 . 2 . Deny Resolution No. 3537 . RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3537, A Resolution Receiving a Report and Calling a Hearing on Improvements to Vierling Drive, Between County Road 79 and County Road 17 , Project No. 1992-1 and move its adoption. DH/pmp RESOLUTION NO. 3537 A Resolution Receiving A Report And Calling A Hearing On Improvement To Vierling Drive, Between County Road 79 And County Road 17 Project No. 1992-3 WHEREAS, pursuant to Resolution No. 3468 of the City Council adopted September 17, 1992, a report has been prepared by David E. Hutton, Public Works Director, with reference to the improvements of Vierling Drive, between County Road 79 and County Road 17 by street, curb & gutter and storm sewer construction, and this report was received by the Council on February 4, 1992 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The Council will consider the improvement of Vierling Drive, between County Road 79 and County Road 17 by street, curb & gutter and storm sewer construction in accordance with the report and the assessment of abutting and benefitted property for all or a portion of the cost of the improvements pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $501, 676. 18. 2. A public hearing shall be held on such proposed improvements on the 10th day of March, 1992, at 7 : 30 P.M. , or thereafter, in the Council Chambers of City Hall, at 129 East 1st Avenue and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. 3. The work of this project is hereby designated as part of the 1992-3 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney N N FEASIBILITY REPORT 101 FOR IMPROVEMENTS TO VIERLING DRIVE FROM COUNTY ROAD 17 TO COUNTY ROAD 79 101CITY OF SHAKOPEE SCOTT COUNTY, MINNESOTA 111 N N I I I hereby certify that this plan, specification, or report was N prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. 111 �-- • Date ��j' 5Qi Registration No. 19133 . N Jil I FEBRUARY 1992 N I Original Report on file 1992-3 Project transcript . -' ('' n i\ , - , 1 ii- df$1.121 EXPLANATION TO ORDINANCE 330 ORIGINATING DEPARTMENT: Law Department PURPOSE: To amend the Refuse Licensing ordinance to revise the insurance requirements and exempt businesses that provide construction bins. REMARKS: Since the Refuse Licensing ordinance was adopted, the Assistant City Administrator has received several telephone calls from businesses which rent bins for construction debris. They are wondering if they must be licensed. The ordinance clearly was not intended to apply to them, yet it seems to include them. In order to eliminate the questions, we have added an exemption to specify that they need not be licensed. The City Clerk has mentioned that the standard insurance certificate lacks the language giving the City 30 days' notice prior to cancellation. She inevitably has to reject most insurance certificates and require new ones in order to obtain compliance. This takes substantial staff time. Since we are not requiring this insurance for a City contract, but rather simply to ascertain that the refuse haulers do have insurance, we do not need to track it as carefully. Therefore, she has recommended the deletion of this language. ACTION REQUESTED: Offer Ordinance No. 330, an ordinance amending City Code Sec. 3 . 15, Rules and Regulations Relating to Source Separation, Collection, and Disposal of Refuse, by repealing Subd. 9 , License Requirements, and Subd. 10, Exemptions, and adopting two new subdivisions in lieu thereof, and move its adoption. Submitted by: R/2 ,9_ /t-6-7-_ i City Attorney [3 . 15N] ORDINANCE NO. 330, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE SEC. 3 . 15, RULES AND REGULATIONS RELATING TO SOURCE SEPARATION, COLLECTION AND DISPOSAL OF REFUSE, BY REPEALING SUBD. 9, LICENSE REQUIREMENTS, AND SUBD. 10, EXEMPTIONS, AND ADOPTING TWO NEW SUBDIVISIONS IN LIEU THEREOF, RELATING TO THE SAME SUBJECT. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Sec. 3 . 15, Rules and Regulations Relating to Source Separation, Collection, and Disposal of Refuse, is hereby amended by repealing Subd. 9, License Requirements, and Subd. 10, Exemptions, and adopting two new subdivisions in lieu thereof, which shall read as follows: SEC. 3 . 15. RULES AND REGULATIONS RELATING TO SOURCE SEPARATION, COLLECTION AND DISPOSAL OF REFUSE. Subd. 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 of 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: 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 provisions of this Chapter. Subd. 10. Exemptions. The license requirements of this Chapter shall not apply to those entities listed below [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 equipped 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. 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. 2 Exempt entities are as follows: (1) non-profit groups participating in recycling programs; (2) persons who haul garbage, refuse, or recyclables from their own residences or business properties; (3) companies renting a dumpster or bin for construction debris. 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 , 1992 . Mayor of the City of Shakopee Attest: City Clerk Approved as to form: �%r/"y City Attorney Published in the Shakopee Valley News on the day of , 1992 . [3 . 15N] 3 MEMORANDUM TO: Dennis Kraft, City Administrator FROM: Karen Marty, City Attorne A DATE: January 30, 1992 RE: Contracting DISCUSSION: From time to time we have discussed the cluttering of Council agendas and time delays that occur in taking all contracts to the City Council. Under Minn. Stat. Sec. 412 . 201, all contracts must be signed by the Mayor and the City Clerk, and by ordinance your signature is required as well. Under this statute, all contracts may be signed only "pursuant to authority from the Council" . When the City Council approves the budget, it anticipates that certain purchases will take place, and certain contracts entered into. If the City Council were to authorize the appropriate City officials to enter into contracts which are $5, 000. 00 or less, when the purchase was previously approved in the budget process, I believe we could avoid the problems identified above. This dollar amount is the amount set forth in City Code Sec. 2 . 05, Subd. 5.H. That paragraph provides that the City Administrator "shall purchase or enter into contracts for previously budgeted items when the amount thereof does not exceed $5, 000. 00. " RECOMMENDED ACTION: Adopt Resolution No. 3542, authorizing the appropriate City officials to enter into certain contracts without further Council approval. [30RES] RESOLUTION NO. 3542 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ENTER INTO CERTAIN CONTRACTS WITHOUT FURTHER COUNCIL APPROVAL. WHEREAS, currently all contracts are presented to the City Council for approval; and WHEREAS, City Code authorizes the City Administrator to enter into contracts for items which do not exceed $5, 000. 00; and WHEREAS, similar authority should be given to the Mayor and City Clerk in order to allow these contracts to be executed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the appropriate city officials are hereby authorized to enter into contracts for previously budgeted items when the amount thereof does not exceed $5, 000. 00, without further City Council approval. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1992 . Mayor of the City of Shakopee Attest: City Clerk Approved as to form: CV -474 City Attorney [30RES] /LJ MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City ClerkC)C__, RE: Initiating Vacation of Easeiment DATE: January 31, 1992 INTRODUCTION: The attached Resolution No. 3543 sets a public hearing date to consider the vacation of a drainage and utility easement lying within Lot 1, Block 3, Evergreen First Addition. BACKGROUND: The City has received a petition for the vacation of the drainage and utility easement lying along the westerly property line of Lot 1, Block 3 , Evergreen First Addition from Renden Development and Laurent Builders, Inc. The attached resolution sets a public hearing for March 10th. On March 10th comments from staff members and utilities, as well as a recommendation from the Planning Commission, will be presented to City Council for their consideration. RECOMMENDED ACTION: Offer Resolution No. 3543, A Resolution Initiating The Vacation of An Easement in Lot 1, Block 3, Evergreen First Addition, Scott County, Minnesota, and move its adoption. RESOLUTION NO. 3543 A RESOLUTION INITIATING THE VACATION OF AN EASEMENT IN LOT 1, BLOCK 3, EVERGREEN FIRST ADDITION, SCOTT COUNTY, MINNESOTA WHEREAS, it has been made to appear to the Shakopee City Council that the utility and drainage easement lying within Lot 1, Block 3 , Evergreen First Addition, serves no public use or interest; and WHEREAS, a public hearing must be held before such action can be taken and two weeks published and posted notice thereof must be given. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that a hearing be held in the Council Chambers on the 10th day of March, 1992 at 7 :45 p.m. , or thereafter, on the matter of vacating the drainage and utility easement lying along the Westerly 10 feet of Lot 1, Block 3 , Evergreen First Addition, Scott County, Minnesota. BE IT FURTHER RESOLVED, that two weeks published notice be given in the SHAKOPEE VALLEY NEWS and posted notice be given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and tho bulletin board in the Shakopee City Hall. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1992 . Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney •••y se°ss'/7'E. r iso.oa0..... .12-- A (L%2�.a/i1B9C I!/L4//.•ty Eo�sen7an` •. .� � EVERGREEN FIRST ADD' N. � �. , .° •-....,.. ` /0 Lot 1 , Block 3 C\ Ib ,;/ ?3, 61'3„- \ .. G- XI\ II.1 00,4 Z•a� 90 0 c ki‘ibr I i ^�/,‘‘ 0- Zo-0 •'o 4,/ \ •- 0 � y�R2 N o . AI% r LJ ���t : �C) oy� A0 ,�80- ?3 <i • p�,�• y6-� ra.v by A ' by -- I-- • c0\V,a� °3,�. 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Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Appointment of Building Official DATE: January 31, 1992 Introduction Request that Council take specific action to appoint Fulton Schleisman as Building Official. Background The notes to the 1992 Pay Schedule state "The Acting Building Official will assume the Building Official position on January 6, 1992 at the top step" . Normally there is separate Council action documenting appointing someone to a position. The note to the Pay Schedule is open to some question that it is a permanent appointment. The Council action appointing Fulton Acting Building Official, the 1992 Pay Schedule and the notes to that schedule are interpreted to mean that Fulton will stay at his December 27, 1991 pay rate until January 6, 1992 when he is the Building Official. Action Move to appoint Fulton Schleisman as Building Official effective January 6, 1992 and be placed at the top step of the 1992 Pay Schedule.