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HomeMy WebLinkAbout03/10/1992 MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: March 6, 1992 1. Attached is the 1991 Annual Report from the Scott County Library System. 2 . Attached is correspondence from Barry K. Meyer, Krass & Monroe, regarding Behringer' s First Addition. 3 . Attached is correspondence from Mike Kazma, Amzak Cable, regarding some changes to their operation. 4 . Attached is correspondence from George Realander with follow- up correspondence from the City Administrator for your information. 5. Attached are the February 4 , 1992 minutes of the Shakopee Coalition meeting. 6. Attached is correspondence from Robert Vierling with follow-up correspondence from the City Administrator for your information. 7 . Attached is the March calendar of Upcoming Meetings. 8. The Church of St. Mark has applied for an application for an exemption from the Lawful Gambling License requirements, for July 25 & 26, 1992 . They do meet the requirements of the city code. 9. The Board of Review for the City of Shakopee has been set for Tuesday, May 12 , 1992 at 7 : 00 p.m. Members of the Board have been advised of the date. 10. Attached is an application submitted by James P. Revere to be considered for appointment to the Planning Commission. There are no current openings on the Planning Commission. This application will be placed on file for 6 months in case an opening should occur. 11. Attached is correspondence from the Assistant City Administrator to the DNR regarding MN Valley Trail Parcel #159 Acquisition #11338 . 12 . Attached is correspondence from the Assistant City Administrator to the MN Valley Community Band regarding their request for a potential financial contribution. 13 . Attached is correspondence from Michael Spielmann, MnDOT, regarding the Shakopee Mini-Bypass. 14 . Attached is a memo from the City Attorney regarding special assessments. 15. Attached are the December 11, 1991 minutes of the Downtown Ad Hoc Committee. 16. Attached are the February 19, 1992 minutes of the Community Development Commission. 17. Attached is the Business Update from City Hall for March. 18. Attached are the February 11, 1992 minutes of the Committee of the Whole meeting for your review. 19. Mr. Boarman of Boarman and Associates has agreed to delete from his contract the provision that they be reimbursed for a portion of the cost for errors and omissions insurance. As a result of this action, staff will not be rebidding the contract for the design services for the new city hall. 20. Attached is the Police Newsletter for Council review. 21. Attached is correspondence from Joe Kane, Scott County Highway Maintenance regarding Spring Road Restrictions. 22 . Attached is the 1991 Annual Report from the Shakopee Community Development Commission. 23 . Attached are the minutes of the February 6, 1992 meetings of the Planning Commission and Board of Adjustment & Appeals. 24 . Attached are the minutes of the February 19, 1992 meeting of the Energy and Transportation Committee. 25. Attached are the minutes of the February 26, 1992 meeting of the Municipal Facilities Sub-Committee. 26. Attached please find correspondence from Mayor Laurent to the community service organizations regarding a Council liaison to increase the level of communication between the organizations and the City Council. 27 . According to the attached notice from the Gambling Control Board, the premises permit for Shak-O-Valley Amateur Assoc. , at Canterbury Inn has been discontinued. 28. Attached is the Building Activity Report for February. 29. Attached is the 1991 Public Works Annual Report. 30. Attached is a memorandum from the City Planner regarding a request by Met Council for more information on the proposed MUSA expansion. 31. Attached are the minutes of the February 3 & 5, 1992 meeting of the Shakopee Public Utilities Commission. 32 . Attached is a memorandum from the Public Works Director regarding alley garbage pick-up. 33 . Attached is a notice from the Public Works Director to property owners along Maras Street regarding a informational meeting. 1.414 c.Thr }711t1q > 1 \1�V V J•ollrs I: t J::i' I b Int . t;Ow I 'I.•Start• r.arr ti \h�:; - I'ut,rta \ ►►vIM•f nrmit.: ut‘u L.1.-i1A "•'•,':n k ::' NUP J 'Imrttln h \t•tur.L.n: (waterer Kam% t• h.�.c;. . . r. y....... February 18 , 1992 VIA FACSIMILE 214-934-7918 Mr. Robert Behringer 12377 Merit Drive, Suite 1400 Dallas , TX 75251 Re: Lot 1 , Block 1, Behringer ' s First Addition Our File No. 7947-1 Dear Mr. Behringer: I am just writing to confirm our telephone conversation today, wherein you agreed to sell the remainder of Lot 1, Block 1, of Behringer ' s First Addition to my clients, Larry and Donald Link, for the total sum of $1, 500 . In addition to the purchase price, the Links are agreeing to pay the real estate tax arrearages for that parcel, which are estimated to be slightly in excess of $5, 000, as well as prepare the necessary documents and pay the necessary fees to record the documents necessary to transfer title. We anticipate having the appropriate documents to you within the next week. If you have any questions , please feel free to contact me . Thank you for your cooperation. 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CL N 7 '{ ct Cr I t'r I I I !D I 7 I V) S to Cr S § a 3 1✓ CA LO 71 cA O 1--r -4 a Z 7) Z O = = a z I- 70 70 m r p - 70 CO Irill 0 Cn Cn -< Cil rn 3 '--, fr(*) AMZAK CABLE, MIDWEST, INC. (612)445-6151 137 - First Ave. E. • Shakopee, MN 55379 Barry Stock Shako ee City Hall 129 East First Ave Shakopee, MN 55379-1376 Feb 14, 1992 Dear Barry, Effective April 1, 1992 Amzak's basic rate is increasing to $19 .50 . We are also at that time adding Comedy Central to our basic lineup. Over the next six months there will be a couple of exciting changes to our operation . First, Amzak is getting a new computer system which will make available pay per view ordering using 800 phone numbers. Second, our engineers are designing a fiber optic trunk to connect the Chaska and Shakopee headends. Closing down the Shakopee headend will allow us to streamline our operations . Third Amzak is the first Twin Cities cable system to launch Encore! a new mini priced pay TV service. If you have any questions please feel free to call me. Best Regards, Mike Kazina Vice President -1;61t 6, 4C r AksJ 1/154 r t? ,7 1411 February 14, 1992 George Realarder 206 Main Street Shakopee, Minnesota c5379 City Administrator City of Shakopee 129 mast 1st Avenue Shakopee, Minnesota 55379 I want the city attorney to investigate excessive use of force against my 14 year old son, Jess this evening at the Valley Mall. I am willing to file assault charges against the person from the liquor store and the mall mainte- nance person. My son had his hair pulled out, his neck jerked and his ankle twisted. He can barely walk. I feel this was excesste use of force against a child who has no previous record of violence. I am authorized to contact the city attorney directly but prefer to forward any correspondence that way through your office at this time. I want to be advised of any and all action I may pursue. �i cerely, e. . •e Realan: - -14411111116 RECEVE° FEB 1 81992 Glut' smici . 40:400r HAKOPEE40.--,z,,,k_CITY OF S INCORPORATED 1870 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379-1376 (612)445-3650 E:77 r r February 18 , 1992 Mr. George Realander 206 Main Street Shakopee, MN 55379 Dear Mr. Realander: I have referred your letter of February 14 , 1992 to the Shakopee City Attorney for investigation. If excessive use of force has occurred as a result of this investigation we will inform you as to what is happening. Very truly yours, at(44:M/( 2/,*r Dennis R. Kraft City Administrator DRK:trw The Heart Of Progress Valley AN EOUAL OPPORTUNITY EMPLOYER 4,; CITY OF SHAKOPEE4P,44-$= INCORPORATED 1870 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379.1376 (612)445-3650 February 24 , 1992 Mr. George Realander 206 Main Street Shakopee, MN 55379 Dear Mr. Realander: Enclosed is a copy of the City Attorney's response to your letter of February 14, 1992 . If you desire to pursue this matter, please follow the advise of the City Attorney as outlined in the enclosed memo. Very truly yours, Dennis R. Kraft City Administrator Enclosure DRK:trw The Heart Of Progress Valley AN EQUAL OPPORTUNITY EMPLOYER MEMORANDUM TO: Dennis Kraft, City Administrator FROM: Karen Marty, City Attorney DATE: February 18, 1992 RE: Letter from George Realander I have reviewed the February 14, 1992 , letter from George Realander, requesting assault charges to be filed against "the person from the liquor store and the mall maintenance person. " Standard practice adopted by this office and the Police Department has the Police Department investigating complaints, and I will file charges if the investigation so warrants. If Mr. Realander desires to pursue this matter, he will need to have his son go to the Police Department and provide them with all necessary information. That department will then send me a report and I will determine whether to file charges. Mr. Realander, of course, may pursue civil remedies at any time against assaultive people. If you have any further questions, please let me know. Signed (6/7-! . Karen Marty, City Attorney KEM:bjm [19MEMO] SHAKOPEE COALITION 1100 East Fourth Avenue • Shakopee, Minnesota 55379 "Founded in 1983" Meeting Minutes for February 4, 1992 The meeting was called to order by Chairman David Eckart. MEMBERS PRESENT: Barry Stock (City of Shakopee) , Bonnie Sokolov (American Cancer Society) , David Eckart (Rotary) , Claude Kolb (Lions & K.C) , Ed Marek (Amer. Red Cross/Rotary) , Kay Louis (Extension Service) , Judson Kenyon (CAP) , Chuck Dustrud (Human Services) , Suzanne VanHout (School Board) , Sister Esther Wagner (SACS) , Denise Fedie (Carver/Scott Coop) , Sandra Mason (Minn. Correctional Facility) and Brian Norris (Citizens State Bank) . Bonnie Sokolov - Looking for a public education chair. Starting to work with St. Francis Hospital. New program "Kids Count Too", also to help children whose parents have cancer. Suzanne VanHout - Facilities planner. Claude Kolb - Lions Club is having strategy meeting. KC Steak Fry is coming up. Denise Fedie - More people are coming to events. Need drivers to pick up people. Calendar is put out four months in advance. They have some vans at the coop. Events are nights and weekends. Ed Marek - Red Cross training this Thursday for HIV Aids training program. Call 445-0155 for more information. 7: 00 AM to 9:00. Rotary Pancake Breakfast March 1st at the Senior High School. Kay Louis - Scott County 4H Pancake Breakfast February 9th. at 8: 00 AM at American Legion. 492-2370 Changing family profile book available, Volunteer budget consultant available for individuals with credit problems. Need organization to take over Scott County Resource Directory project. Judson Kenyon - Thanks Lions Club of Shakopee for help with bulk commodity distribution. They unload food three times a year. Need a loading dock for Friday and Saturday three times a year in Shakopee. Food Shelf usage for 1991 was 5,559 households and 19, 062 individuals served. March is Foodshare. Corporations match food and cash collected. Viking Boy Scouts Council will work this March Foodshare also. Chuck Dustrud - Volunteers needed for planning with United Way. Contact Louis Hohfeld at 340-7437. County is looking to fund new positions for drug and alcohol. Dave Eckart - Bonnie talked at the last rotary meeting on American Red Cross. - 2 - Barry Stock - 133 new homes built during 1991 in Shakopee. This is 31% increase over last year. Facilities committee looking at property south of the Senior High School. Going to ask the community on where they want money spent. Will do this through a survey. May need some money to cover the cost of the survey. Liner in the swimming pool needs repair. Cost $100, 000. 00. Next meeting is Tuesday, March 3 , 1992 in the Citizens State Bank Community Room at 4 : 30 PM. Respectfully Submitted Brian Norris, Secretary Mr. Robert Vierling 2/15/92 221 E. Fourth Avenue Shakopee, Mn. 55379 City Council and Mayor Re: Failure to reply to letter 129 E. First Street and complaints of 1/.10/92. Shakopee, Mn. 55379 Dear Sirs: I have waited for over a month for your reply to my letter of 1/10/92 outlining my concerns. Evidently the City feels that it has the right to supersede jurisdiction of both State and Federal Laws, and, with usual ar- rogance, feels that it need not address citizens concerns regardless of what they may be. Therefore, you can expect further legal action to be taken against the City of Shakopee. After having addressed the Council regarding continued harassments, I find it strange that shortly after you must have received my letter, I was stopped by a Shakopee policeman and told that I should please put my new tags on my license plate. It's odd, isn't it, that this officer would do this, considering that I still have 70 days before my tags are due to be replaced? Was this sheer stupidity, or just another coincidental harass- ment? These incidents seem to be neverending! I also note, by the Shakopee newspaper, that your alleged Mayor, Mr. Laurent, received a rebate (assuming that it was originally paid) of over $11,000.00 on something or other that the City of Shakopee did. Odd, isn't it, that the City can move so fast for its' more preferred citizens, while some of us have been waiting for years for promised rebates or credit? I wish to know also, under the Freedom of Information Act, if it is true that the alleged City Attorney, Mr. Coller, was unable to go into Court with a case without another Attorney present because he was not con- sidered "bondable"? I would appreciate the facts on this, if you please. Thank you! 4: Sincerel , Rober Vierling J CC: Pertinent Government Agencies - FEB 1 81,992 CITY OF SHAKOPEE .4% INCORPORATED 1870 !/tit101 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379-1376 (612)445-3650 February 19, 1992 Mr. Robert Vierling 221 East Fourth Avenue Shakopee, MN 55379 Dear Mr. Vierling: Thank you for your letter dated February 15, 1992 regarding your letter and complaints of January 10, 1992 . I appreciate your continuing concerns with the government in the City of Shakopee. I have reviewed the information you provided, but the facts are simply too limited for me to be able to take any further action. If you have specific facts, such as time, place, names of people involved, etc. , it would be extremely helpful in reviewing your concerns. I have, non the less, taken the liberty of forwarding these letters to the City Attorney, who in turn has forwarded them to our insurer. If you do decide to pursue legal action against the City, please have your attorney contact our City Attorney so that this matter may be appropriately handled. If you have further details to provide to the information you've previously sent to the City, I would be happy to receive it. Sincerely, / -14/4/14; 0 /'2e/ Dennis R. Kraf City Administrator DRK:trw CC: City Attorney • The Heart Of Progress Valley AN EOUAL OPPORTUNITY EMPLOYER Mr. Robert F. Vierling RSCSN \lei) 2/22/92 221 E. Fourth Avenue Shakopee, Mn. 55379 8 4 FE City Hall Av(Or e: Mr. Kraft's letter of 2/19 129 E. First Street OF SH and recent Hauser disturbance. Shakopee, Mn. 55379 (',\�� Mr. Kraft - City Administrator: Regarding your letter of 2/19, concerning my injury, please be ad vised that the City of Shakopee already has possession of necessary in formation regarding date, time, place, incident of injury, Dr. reports, letters to the Insurance Company, etc. , as I 'm sure you will discover in looking through your City files. I cannot, at this time, duplicate all of this information for you, as this data is presently in the hands of my At torney and it would be an additonal expense and delay to go through more duplication of material of which you are already in possession. City Council, Mayor, Administrator: This past week, on the 19th of February, at approximately 3:00 p.m. at the Mr. Donut shop, I was having coffee with 7 other men, one of whom was an off-duty police officer for the City of Shakopee. As we were sit- ting and talking, Mr. LeRoy Hauser came up from behind me, clamped his hand on my shoulder to keep me from rising from my seat, and in the pre- sence of these others, began to harass, berate, and threaten me. I did come upright to protect myself, and told him to go back to his own booth and to never harass or even to talk to me again. After talking to the Attorney General's Office and to my own Attorney (who suggested a "peace bond" against Mr. Hauser) , I called the Shakopee Police Department and spoke with Ass't. Chief of Police, Jerry Poole. He stated that he would talk with Sgt. Dick Kaley so that he could determine the exact circumstances. In returning my call the next day, he suggested if I was agreeable, that he would place my complaint of the incident on file, which I agreed to, since I don't possess the violent temper Mr. Hauser does, and do not wish to cause him any more trouble than need be. I would like to commend both Ass't Chief of Police, Jerry Poole, and Sgt. Dick Kaley, for their efficient and reasonable handling of this mat- ter, and thank them for their concern. I would also suggest that someone from City Hall talk to Mr. Hauser about this incident, since this is the second time he has threatened me in a public confrontation. The first time was approximately one year ago in the presence of witnesses at the Happy Chef cafe. I feel that Mr. Hauser has a problem with his arrogance and his out- of-control temper and behavior, and that this could cause him even more serious problems in the future if not curtailed now. I do not want to be put in the position of always having to watch my back whenever he's around and if this incident is ever repeated, Mr. Hauser will find himself in Court, and, by way of association, the City of Shakopee also. If Mr. Hauser has anything to say to me, he can put it in writing as I do. Sincerely, Rober F. Vierling CITY OF SHAKOPEEs. INCORPORATED 1870 40 *� 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379-1376 (612)445-3650 KD M` February 24, 1992 Mr. Robert F. Vierling 221 East Fourth Avenue Shakopee, MN 55379 Dear Mr. Vierling: My reply in response to your letter earlier this month did not mean to imply that the City does not have information relative to your earlier injury. This information has been turned over to our insurance company as is standard practice for the City. If you have specific questions about that please do not hesitate to contact Ms. Karen Marty, the Shakopee City Attorney at 445-3650. Thank you for your commendation of Assistant Police Chief Jerry Poole and Sergeant Dick Kaley for their handling of the matter with Mr. Leroy Houser on February 19th. Copies of your letter will be placed in each of the individual police officers files. I would also like to inform you that Mr. Leroy Houser is not an employee of the City of Shakopee. Very truly yours, Aud.e.0 2e- -or, Dennis R. Kraft City Administrator DRK:trw CC: Tom Steininger, Police Chief The Heart Of Progress Valley AN EQUAL OPPORTUNITY EMPLOYER * 7 March c h 1 9 9 2 Upcoming Meetings SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 7 4:30pm Public 7:30pm Precinct 7:30pm Planning Utilities Caucuses - Sr. Commission High School 8 9 10 11 12 13 14 7:OOpm City Council Meeting 15 16 1? 18 19 20 21 7:OOpm City 5:30pm Council Community Meeting Development Commission 7:OOpm Energy & Transportation 22 23 24 25 26 27 28 7:OOpm Park & Rec. Board 29 30 31 7:OOpm Cable 6:30pm Commission Committee of the Whole - Fire Station 7:15pm Continue Meeting at City Hall February April S M T W T F S SMT W T F S 1 1 2 3 4 2 3 4 5 6 7 8 5 6 7 8 9 10 11 9 10 11 12 13 14 15 12 13 14 15 16 17 18 16 17 18 19 20 21 22 19 20 21 22 23 24 25 23 24 25 26 27 28 29 26 27 28 29 30 APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions. What are the qualifications for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows: Planning Commission/Board of 1st Thursday after 1st Adjustments and Appeals Tuesday at 7:30 p.m. Community Development Commission 3rd Wednesday at 5: 00 p.m. Energy & Transportation Committee 3rd Wednesday at 7:00 p.m. Ad HOC Downtown Committee - 2nd Wednesday of month or as needed at 7:45 a.m. Cable Communication Commission Quarterly or as needed on Monday at 7: 30 p.m. Housing Advisory and Appeal Board As Needed Building Code Board of Adjustment As Needed & Appeals Shakopee Public Utilities 1st Monday at 4: 30 p.m. Commission Park & Recreation Advisory Board 4th Monday at 7:00 p.m. Police Civil Service Commission As Needed Community Youth Building 2nd Saturday of the month Committee at 9:00 a.m. Board of Review 7:00 p.m. 2 to 3 Tuesdays in May rg Name: e�c,,rr►e S �2 v�r er Address: 1309 // /¢ut_ , Phone: (H) Y4/6-- /02-77 (B) y /7 -/O 4/O How long have you been a resident of Shakopee? 7 Yom. Occupation: G c yr,p u.Tu Sa/mac/ co,.?.c u/t��� Does your work require you to travel? (check one) A great deal Periodically X Very little Not at all • \ Do you have any special interests or training which you feel a `- • particular board or commission could use? (Use separate sheet if necessary) Board or Commission in which you are interested? ;A/G_fr2/ji.1c7 C0«iN/ 5S%ciV8, v/`•-ei 02 G•e ,;1 5.Tiiff Ls-115 ;:1 el ci afleGA Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: t / "/. rte. K. C ./- /. rLi a //..1i� ` ::--- vr, .-v. . ,'�...•' •.".`_ /C S Vic':.' t u_ J L,t .---/ vt I ',% '/ • • 1' - • _ . 11 "/_ . - _/-,. < 'A / - / "11// Btt'eG/ U.A..-- Cc na.,/.... ,T . Conflict of interest his defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interest in any business, however organized, which could be constructed as a conflict of interest? Yes No, / . If yes, please provide the details on a separate sheet of paper. Please list threereferences (Name, Address and/ Phone) : 1. M i k e_ 6,,,-.d fj1-J Li .�, blots] Z c., ,�l. L/9S' /3 •74/ 2 . 3 . I hereby certify that the facts within the foregoing application are true and coorrrect to the best of my knowledge. „..,,,____ Signature I RETURN APPLICATION AND PLEDGE TO: / - ,-21 - c7 Date City Clerk City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 445-3650 DATE RECEIVED: o2Ia I 202 Cf"-----. g// M.y CITY OF SHAKOPEE Alkrak INCORPORATED 1870 \44- 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379-1376 (612)445-36504 04 {j2 e February 21, 1992 Ms. Teresa R. Thews Sr. Realty Specialist MN Dept. of Natural Resources 500 Layette Road St. Paul, MN 55155 RE: MN Valley Trail Parcel #159 Acquisition #11338 Dear Ms. Thews: On February 18, 1992 , the Shakopee City Council reviewed your correspondence regarding the appraisal process for the MN Valley Trail alignment through Murphy's Landing. At that time, the City Council directed staff to inform the DNR that pursuant to state statute, public property is not subject to condemnation and the appraisal process that you have undertaken may not be necessary. At the same time, should your offer for the aforementioned property be below Council 's expectations, the City certainly reserves the right to obtain our own appraisal at a later date. If you have any questions in regard to this matter, please feel free to call me at 445-3650. Sincerely, Barry A. Stock Assistant City Administrator BAS:trw cc: Steve Rose, DNR Trail Specialist The Heart Of Progress Valley AN EQUAL OPPORTUNITY EMPLOYER CITY OF SHAKOPEE , INCORPORATED 1870 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379-1376 (612)445-3650 CLI • [Y a February 21, 1992 MN Valley Community Band Wally Lahl 1227 Prairie Street Chaska, MN 55318 Dear Mr. Lahl: On February 18, 1992 the Shakopee City Council reviewed a correspondence received from Stephanie Young regarding a potential financial contribution from the City of Shakopee. At that time, the City Council requested staff to send a correspondence to the Minnesota Valley Community Band officials indicating that due to severe financial limitations at this time, the City of Shakopee will be unable to contribute in 1992 . On a positive note, I would like a representative of your organization to contact me to discuss the possibility of performing at our Shakopee Annual Derby Days celebration which is held in August. The Chamber of Commerce generally sponsors this event and perhaps would be willing to schedule your band to perform. If in fact, a time slot can be secured for your performance, I am confident that the Chamber would be willing to pay for your services. I can be reached at 445-3650. Sincerely, l � ' Barr A. Stock Assistant City Administrator BAS:trw The Heart Of Progress Valley AN EOUAL OPPORTUNITY EMPLOYER 4* I3 4`T3NESo,i, Minnesota Department of Transportatior. er Metropolitan District • 1 i Transportation Building St. Paul, Minnesota 55155 Fti1OF Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128 Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55422 Reply to Golden Valley Office Telephone No. 593-8422 February 24, 1992 Mr. David E. Hutton, P.E. City Engineer City of Shakopee 129 East First Avenue Shakopee, MN 55379-1376 RE: S ,P. 7009-59 (T.H. 169) Shakopee Mini-Bypass Dear Mr. Hutton: I am writing this letter to inform you that the above referenced project is being split into two projects. The bridge project S.P. 70002 will be let on April 24, 1992. The grading project will be let on June 26, 1992. The grading project was delayed because of right of way acquisition. If you have any questions concerning this acquisition, please call Mr. Earl Howe at 591-4645. Sincerely, 10/i . _--------„ , -7tekt„C1 Michael J. iel nn, P.E. District Consultant Design Engineer MINNESOTA L... 1990 An Equal Opportunity Employer #iy MEMORANDUM TO: 3udy Cox, City Clerk Dave Hutton, Director of Public Works FROM: Karen Marty, City Attorney DATE: February 24 , 1992 RE: Special Assessments At the last council meeting the question came up whether special assessments could be paid over a longer time frame than the current 10 years. In checking the law, Minn. Stat. Sec. 429 . 061 allows payback over a period not to exceed 30 years. This is for your information. Signed /4 -' Karen Mar , 1 y' attorney KEM:bjm [24MEMO] #IS Minutes of the Downtown Ad Hoc Committee City Council Chambers December 11, 1991 Chairperson Keen called the meeting to order at 7 : 55 a.m. with Commissioners D. Wermerskirchen, B. Wermerskirchen, Kahleck and Keen present. Commissioner Fonder, VanHorn and Phillips were absent. Barry Stock, Assistant City Administrator, was also present. B. Wermerskirchen/D. Wermerskirchen moved to approve the minutes of the November 13 , 1991 meeting as kept. Motion carried unanimously. Mr. Stock stated that last month Mr. John Larson, owner of the Tole Bridge building, submitted a grant application for roof and window repairs. Mr. Stock noted that the HRA did approve Mr. Larson' s grant application. However, they requested the Downtown Committee and Community Development Commission to review the Rehab Grant Programs and amend them to exclude normal customary building maintenance expenses as eligible program costs. Mr. Stock noted that he has taken the liberty of excluding window repairs from the Rehab Grant Program Guidelines and included new language that would exclude customary and normal maintenance from the program as eligible financing items. Mr. Stock noted that he is also recommending the approval of a new policy that relates to administrating the Rehab Grant Program. The policy would specifically address what type of improvements are eligible project expenses . Mr. Wermerskirchen stated that generally he concurred that normal customary maintenance items should not be eligible for grant reimbursement. However, he felt that sometimes window repairs and roof repairs actually could improve the aesthetic appearance of the buildings. Mr. Stock stated that he concurred and that the policy has been drafted to allow for window and roof repairs that materially change the aesthetic view of the structure. Discussion ensued. B. Wermerskirchen/D. Wermerskirchen moved to recommend to the Community Development Commission that the Rehab Grant Program guidelines be amended to exclude customary maintenance items and recommended adoption of Rehab Grant Program Policy No. 7, which further clarifies what constitutes customary maintenance in regard to building repairs. Motion carried unanimously. Mr. Stock stated that the Rehab Grant Program was initially established as a one year program in 1990. The Shakopee HRA subsequently continued the program in 1991, utilizing the remaining $34, 000 of the initial $50, 000 allocation. Mr. Stock noted that in 1990, eight Rehab Grant Program applications were approved. However, of the original eight grant applications approved, only Minutes of the Page - 2 Downtown Ad Hoc Committee December 11, 1991 four were completed. The grant proceeds distributed from the HRA fund balance for the completed projects equated to approximately $4, 252 . In 1991, the HRA approved one Rehab Grant application with the grant amount equating to $1,706. Assuming that the 1991 grant application is completed, the total amount that will have been allocated from the HRA fund balance to the Rehab Grant Program will equate to $5, 558 . Mr. Stock requested that the Committee discuss whether or not the program should be continued in 1992 in its present form and what level of appropriation should be dedicated to the program if it is continued. Mr. Wermerskirchen stated that he felt the program has been successful. He stated that he believed the lack of interest in 1991 could be attributed to the rather poor economy. He felt the program has been beneficial and it encouraged property owners to improve their buildings. He also noted that several other downtown property owners did pursue improvements on their own that may have been stimulated by improvements adjacent to their property that, in fact, did receive grant funding. Mr. D. Wermerskirchen stated that he also thought the program was valuable. He stated that he did feel that the grant percentage amount should be increased but that the Downtown Committee has been unsuccessful in the past in having it increased. He stated that perhaps at a later date, it might be appropriate to pursue an increase in the percentage amount. Chairman Keen questioned whether or not it would appropriate to have the HRA set aside a specific allotment in perpetuity for the Rehab Grant Program, rather than each year discussing whether or not it should be continued and at what level. Mr. Stock stated that this would be up to the HRA to decide. Discussion ensued on the level of funding that should be allocated to the Rehab Grant Program. Chairman Keen stated that since the original allotment for the program was $50, 000, and only $6, 000 of that has been allocated, that she would feel comfortable in recommending to the HRA that $44, 000 be allocated to the program in perpetuity until it is depleted. D. Wermerskirchen/Kahleck moved to recommend to the Community Development Commission that the Rehab Grant Program be continued in 1992 with $44 , 000 to be allocated in perpetuity from the HRA fund balance. Motion carried unanimously. Discussion ensued on the informal proposals solicited by staff for a conceptual image study of the bypass area. Mr. Stock noted that the cost for the services range between $3 , 900 and $6, 950. Mr. Stock shared with the Committee several examples of what the conceptual image study would entail. Mr. Stock noted that for the most part, the proposals were identical in terms of the scape of Minutes of the Page - 3 Downtown Ad Hoc Committee December 11, 1991 services offered. Mr. Stock noted that he was particularly impressed by the amount of time devoted by SEH in completing their proposal. Mr. Stock also noted that SEH' s cost was the lowest of the three proposals submitted. Commissioner Kahleck stated that she was familiar with Mr. Lilly who completed the proposal for SEH. She stated that Mr. Lilly has had experience in river communities, such as Stillwater and Red Wing. She felt that his keen interest in river communities would enhance the project. Discussion ensued on the amount of money to be allocated for the project. Mr. Stock stated that he believed the proceeds from the sale of the parking lots, north of 1st Ave. , have been deposed to the general fund balance. Mr. B. Wermerskirchen stated that he felt that the mini bypass and the visual approach into the community, off of the bypass, was more than just a downtown issue. He stated that he felt that each of the entry points into the community were community wide issues. Just because the 169 bridge happens to come into our community as our downtown, he did not feel that this was solely a downtown issue. Commissioner Kahleck concurred. She felt that the aesthetic improvement of this major entry point into the community was crucial for the community' s overall image. She felt that this should be one of the community' s number one objectives. Mr. D. Wermerskirchen concurred and stated that the first impression of Shakopee as you come across the new bridge, needs to be a positive. The first impression you get today tends to be negative and reflects poorly on the whole community. Kahleck/D. Wermerskirchen moved to recommend to the Community Development Commission that the appropriate City officials be authorized to enter into an agreement with SEH to complete a conceptual image study of the downtown area, at a cost not to exceed $7 , 000 with funding to be allocated from the general fund balance. Motion carried unanimously. Discussion ensued on the future direction of the Downtown Committee. Mr. Stock stated that basically there are four options for the Downtown Committee to consider, including the following: Maintaining the status quo, Formalize as an official advisory committee, disband the committee, and do nothing. Chairperson Keen asked if there Committee had any other pros or cons that they would like added to the list created by Mr. Stock. Commissioner Kahleck stated that a pro for maintaining the status quo is that the Downtown Committee has been successful in the past. Mr. D. Wermerskirchen stated that another positive was the fact that the Committee structure provides for a free flow of ideas while maintaining a focus and direction. Commissioner Kahleck stated that one of the cons for maintaining the Committee is that sometimes the work that the Committee Minutes of the Page - 4 Downtown Ad Hoc Committee December 11, 1991 completes is for naught because the Community Development Commission could, in fact, over rule the Downtown Committee. Mr. D. Wermerskirchen stated that he felt that we may be about six months ahead of ourselves in discussing the fate of the Downtown Committee. He stated that if City Council proceeds with the conceptual image study that the Downtown Committee will have work to complete in 1992 . He also stated that he felt that the property north of 1st Ave. was a critical linchpin in determining whether or not the Committee should be continued in its present form. Until City Council makes a decision on what they plan to do with the north side of 1st Ave. , and Phase II of the Redevelopment Project, Mr. B. Wermerskirchen stated that he felt the Committee should be continued. Mr. D. Wermerskirchen concurred. He did state however that if the Downtown Committee cannot have its members all occur on a regular basis, that he felt the Committee should be eliminated. Commissioner Keen stated that rather than take a position that the Committee should be continued or disband, perhaps the concept of merging the Downtown Committee with the Community Development Commission should be discussed. Commissioner Kahleck stated that the merger concept did not sound quite as negative as disbanding. She felt that there were pros to the possible merger of the two committees. It was the consensus of the Committee that the Committee should be preserved in its present form. The Committee did recognize the fact that the City Council has the authority to determine what is in the best interest of the community and that might include the possible reorganization of all City committees. Discussion ensued on the January meeting. It was the consensus of the Committee to cancel the January meeting. Mr. Stock stated that he would sent each of the Downtown Committee members a notice of the meeting cancellation and also inform them of when the issue of the conceptual image study would be presented. Kahleck/D. Wermerskirchen moved to adjourn the meeting at 9: 00 a.m. Motion carried unanimously. *1(0 SHAKOPEE COMMUNITY DEVELOPMENT COMMISSION SHAKOPEE CITY COUNCIL CHAMBERS - FEBRUARY 19, 1992 Chairperson Mars called the meeting to order at 5: 30 p.m. with the following members present; Jon Albinson, Bill Mars, Charles Brandmeier, Mark Miller, Cole Van Horn, Mike Phillips and Elmer Otto. Barry Stock, Assistant City Administrator was also present. Albinson/Miller moved to approve the minutes of the December 18, 1991 meeting as kept. Motion carried unanimously. Mr. Stock gave a brief economic development update noting that there were several residential subdivisions currently underway. Mr. Stock noted that he expected to see significant residential development in Shakopee this year. In terms of industrial and/or commercial development activity, Mr. Stock noted that there is not much going on. He did note however that Rahr Malting will be doing a $10 million expansion which will include the construction of a new malt house. Mr. Stock shared with the Committee the proposed one and five year work plans. Mr. Stock noted that last year the Committee discussed the possibility of relinquishing Star City designation due to the time consuming recertification requirements. Mr. Stock noted that the Department of Trade and Economic Development has recently taken a more relaxed view on what they will require for recertification. Basically, the new recertification elements include items that the city of Shakopee already completes on an annual basis. One of the Star City recertification requirements relates to the one and five year work plan. Mr. Stock stated that the work plan is a good tool that provides direction for the Committee in the upcoming year. Questions ensued on the one year work plan. Commissioner Van Horn questioned an objective regarding the creation of a sub-committee to evaluate development alternatives for property north of 1st Avenue. He questioned if the Committee was also going to study property adjacent to the river. Mr. Stock stated that the intent of this objective was to evaluate development possibilities for the property north of 1st Avenue and south of the mini by-pass. Commissioner Van Horn questioned if the objective was to include both blocks 3 and 4. Mr. Stock stated that City Council has expressed interest in discussing re-development possibilities associated with Block 4 (City Hall block) . Mr. Van Horn stated that he felt any evaluation should include both blocks. It was the consensus of the Committee that if indeed a Committee is created to evaluate development alternatives that both blocks should be included. Commissioner Albinson stated that in regard to the five year work plan he noted an objective relating to the creation of a sub- committee to evaluate the potential of developing a water source for Dean's Lake. Mr. Albinson noted that the sub-committee is identified for 1992 . He stated that much of the information that will be useful to a sub-committee is currently being generated in Official Proceedings of the February 19, 1992 Community Development Commission Page -2- conjunction with the Sheily Mining Expansion. He stated that it might be more appropriate to have this item moved to 1993 . It was the consensus of the Committee that the creation of the sub- committee to evaluate the potential of developing a water source to Dean's Lake should be shifted to 1993 . Brandmeier/Albinson moved to recommend to City Council that the one and five year work plans be approved as amended. Mr. Stock noted that each year the various Boards and Commissions are responsible for creating an annual report describing their activities and actions from the previous year. Mr. Stock reviewed the draft of the 1991 Annual Report of the Community Development Commission. Albinson/Van Horn moved to approve the 1991 Annual Report as drafted. Discussion ensued on the downtown electrical services. Mr. Stock noted that the 1992 Capital Improvement Program includes the reconstruction of the alleys within the downtown area. The City Engineer is in the process of completing a feasibility study report for the project. One of the concerns that the Downtown Committee and Community Development Commission have raised in the passed relate to the overhead utility lines within the downtown area. In the past, it has been the consensus of the Commission that it would only seem appropriate that consideration be given to undergrounding overhead lines if the alleys are to be improved. Mr. Stock noted that the cost for undergrounding the overhead lines could be extensive. Additionally, each of the property owners would be responsible for the cost of undergrounding their service connections. Mr. Miller noted that in 1991 the Commission moved to recommend to City Council that the appropriate City officials be directed to meet with the Shakopee Public Utility Commission officials to generate cost estimates, potential cost share arrangements and assessment alternatives regarding the undergrounding of the overhead utility lines and alley improvements. Mr. miller questioned whether or not this meeting ever took place. Mr. Stock stated that he did remember the Utility Commission discussing the issue briefly but he was not sure of any specific meetings that may have occurred between the Public Works Director and the Utility Superintendent. Mr. Miller stated that perhaps it would be appropriate at this time to have all the officials who might be involved in the project to meet to discuss alternatives. Commissioner Brandmeier stated that he felt that the majority of the costs for undergrounding the overhead lines should be assumed by the Shakopee Public Utility Commission. He stated that they Official Proceedings of the February 19, 1992 Community Development Commission Page -3- must have some type of improvement fund that has accumulated based on revenued to cover these types of costs. Commissioner Albinson stated that in the past he believed it was the Utility Commissions policy to only pay for undergrounding costs that would be comparable to installing a new overhead line. Commissioner Phillips questioned whether or not a middle ground alternative could be pursued such as installing more attractive poles and perhaps having transformers installed at ground level in some type of pedestal arrangement. Mr. Stock stated that this might be an option to be considered in the overall discussion of the matter. Mr. Stock suggested that perhaps it would be beneficial to have the Public Works Director to attend the Commissions next meeting to discuss the findings of his feasibility study report. Mr. Brandmeier questioned whether or not the feasibility study report addressed the undergrounding of the overhead lines and service connections. Mr. Stock stated that he has not had the opportunity to review the feasibility study report. Mr. Miller suggested that perhaps the Utility Superintendent could also be in attendance at the next meeting to hear the comments and concerns raised in the feasibility study report. Mr. Albinson stated that at the next Shakopee Public Utility Commission meeting he would request the Utility Superintendents presence at our next meeting. It was also the consensus of the Committee to have Mr. Hutton present at our next meeting to review the preliminary feasibility study report. Discussion ensued on the Municipal Facility Sub-Committee. Mr. Stock noted that the Committee has been evaluating survey method techniques and alternatives. Mr. Stock stated that he thought the Committee would be recommending the utilization of a profession research firm to develop and implement a telephone survey. In reviewing several surveying method techniques, the Committee felt that a telephone survey would provide the most reliable survey data. The Sub-Committee has taken a strong position that whatever survey technique is utilized it must provide credible results. Mr. Miller questioned the focus of the survey. Mr. Stock stated that the Committees objective was to identify a survey technique that could be utilized to identify community facility needs and respondence willingness to pay. Mr. Stock stated that the Committee has also discussed the possibility of doing a broader survey to gather Community input on other issues of importance but has intentionally stayed away from the idea due to the cost element and their original assigned objective. Mr. Miller stated that if the City is going to utilize a professional research firm or pursue any type of survey that it would be beneficial to have the scope broadened to gather input on other areas that are of importance to the Community. Mr. Miller noted that the Commission has been struggling over the past year to determine just what exactly the residents within Shakopee want in terms of development. He felt a comprehensive survey would be beneficial in providing the City of Official Proceedings of the February 19, 1992 Community Development Commission Page -4- Shakopee with some direction in regard to issues that are of real importance to our residents. Chairman Mars questioned the costs for the type of survey described by Mr. Miller. Mr. Stock stated that the Shakopee School District recently completed a survey for approximately $5, 000. 00 that focused on school issues. Mr. Stock also noted that Burnsville recently conducted a much larger survey that cost in excess of $30, 000. 00. Mr. Stock stated that generally the cost of survey is directly related to the number of questions asked. Generally, most broad based community surveys range between $10 - 15, 000. 00. Mr. Stock noted that the Municipal Facility Sub-Committee discussed the possibility of generating contributions from Community Organizations to help offset the cost of a survey. Mr. Miller stated that he felt the Community Organizations would not be supportive of a survey unless it directly benefitted their organization. He stated that he felt the prime beneficiary would be the City. Discussion ensued. It was the consensus of the Commission that a comprehensive survey would provide direction to both the Commission and City Council in many areas such as; the property north of 1st Avenue, River front improvements, Dean Lake improvements, park improvements, facility improvements, recreation, police and fire protection, etc. Miller/Albinson moved to support the Sub-Committee's preliminary position for a survey and also the need to pursue a more comprehensive community wide interest survey. Motion carried unanimously. Chairman Mars questioned if the Energy & Transportation Committee would also be supportive of such a survey to determine residents position regarding solid waste and transit. Phillips/Van Horn moved to request staff to have the Energy & Transportation Committee also respond to the concept of a Community wide survey. Motion carried unanimously. Mr. Stock shared with the commission a copy of the MnDOT Southwest Newsletter. He noted that this newsletter was an excellent summary of the major highway projects and their status as well as projected time schedules for completion. Mr. Stock noted that the Scott County Economic Development Coalition is currently in the process of soliciting contributors for a major economic development profile. The profile will be conducted by a professional who has experience in developing this type of marketing material. Cost for the entire profile will be offset by advertising. It is the Coalitions desire to have the profile complete by this December. Official Proceedings of the February 19, 1992 Community Development Commission Page -5- Mr. Stock also shared with the Commission a brochure that has been developed by the Coalition to provide assistance to small businesses. Mr. Stock noted that the Shakopee City Council selected not to pursue a conceptual image study of the downtown area at this time. Mr. Stock did not however, that a Committee of the Whole worksession has been set for March 31, 1992 to discuss possible alternatives in regard to the redevelopment of the property north of 1st Avenue. Van Horn/Miller moved to adjourned the meeting at 6:45 p.m. Motion carried unanimously. Barry A. Stock Assistant City Administrator -* 17 BUSINESS UPDATE FROM CITY HALL Vol. 6 No. 3 Dear Chamber Member: March 1, 1992 Administration Community Services Last month, the Shakopee City Council On February 19 , 1992 the Shakopee approved a reorganization of several Energy and Transportation Committee City departments. Under the approved moved to recommend to City Council reorganization plan, the Building that the appropriate City officials Department and Recreation Departments be authorized to enter in to a two will be merged under a new department year third year option agreement with entitled Community Services. Within Van Pool Services Inc. for the the scope of the new Community provision of van Services Department, building pool services in maintenance, building inspections, Shakopee. Van Pool Services Inc. recreation programming and cable (VPSI) has been the City's van pool communications will be placed under provider since 1985. The City the direction of the Assistant City presently leases seven vans from VPSI Administrator. Additionally, the to provide transportation service for Assistant City Administrator will commuters to various locations continue to be responsible for throughout the metropolitan area. directing economic development On February 19, 1992 the Shakopee activities within the City. Transit, Energy and Transportation Committee formally under the direction of the discussed the possibility of a Spring Assistant City Administrator will be clean-up program. Grant funds maybe transferred to the Planning available from Scott County for a Department. recyclable material collection day. The new organizational format will The City has conducted a clean-up hopefully stream line the program for the past five years. The organizational process and reduce Committee moved to recommend to City overall administrative resources Council that the appropriate City allocated to the previous officials be authorized to submit and departments. execute a grant agreement with Scott County for funding a Spring recyclable material collection day. CityClerk The proposed Spring program will also allow residents to dispose of refuse materials. However, gate fees will There will be a Presidential Primary be significantly increased to help Election in Minnesota on Tuesday, off-set program costs. A nominal April 7th. Regular polling places charge will be applied to those will be open between the hours of persons who are disposing of purely 7 : 00 a.m. and 8 . 00 p.m. recyclable items such as tires (4 • tire limit) , appliances (2 item limit) , yard waste and car batteries. Park & Recreation Public Works Shakopee' s Parks and Recreation A public hearing was held on February Department is hosting a special 18, 1992 to consider upgrading "School ' s Out" party for boys and Mahlenhardt Road by adding pavement girls kindergarten through fifth and curb and gutter. At the grades. The party will be held conclusion of an extremely long and Monday, March 9 , from 12 : 30 p.m. to 3 debated hearing, the City Council p.m. at Shakopee Junior High School. voted unanimously to leave the road gravel. The party will feature opportunities for everyone to participate in The City Council has authorized the various games, relays, and special advertising of bids for the Municipal craft projects. The highlight of the Swimming Pool repairs. This project afternoon is a 2 p.m. performance by consists of replacing the pool liner the Schiffelly Puppets. Moms and and also the filtering sand. The dads are welcome to attend the cost of the project is estimated at gathering. There is a $2 per student approximately $125, 000. Construction fee. is anticipated to be completed by the June 6th pool opening. On February 24 , 1992 the Shakopee Park and Recreation Advisory Board A public hearing has been scheduled requested staff to set up a meeting for March 10, 1992 to consider the with representatives from the various construction of Vierling Drive from community organizations and service C.R. 17 to C.R. 79 . clubs to discuss future Park Improvements. The meeting will be held at 6: 30 p.m. on March 23rd in Planning the City Council Chambers . Representatives from the At their meeting on February 6, 1992, organizations and service clubs will the Planning Commission recommended be asked to share their long and to the City Council the approval of short range goals for park a preliminary Planned Unit development with the Park and Development for Beckrich Park Recreation Advisory Board in the Estates. The proposed subdivision is hopes of developing a financial plan located at the northeast corner of for completing various park development projects over the next County Road 78 and County Road 79, five years. and contains 35 single family lots. The Park & Recreation staff has Also recommended for approval was a recently completed the Spring and preliminary plat for Dalles First Summer Community Education and Park & Addition. This proposed subdivision Recreation brochure. The brochure is located adjacent to the Southerly will be mailed to all Shakopee By-Pass, east of Marschall Road, and contains 36 single family lots. residents by March 12th or 13th. � 8 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL SHAKOPEE, MINNESOTA COMMITTEE OF THE WHOLE FEBRUARY 11, 1992 The joint meeting between the Shakopee City Council and School District No. 720 School Board commenced at 7: 05 P.M. in the board room at the school district offices, 505 So. Holmes. Present were Councilmembers Joan Lynch, Bob Sweeney, Gloria Vierling, Michael Beard and Mayor Gary Laurent; and, School Board Members Jane Carlson, Tom Ebner, Robert Techam, Suzanne VanHout, Jessica Geis, Aggie Unze and Chairman Janet Wendt. Also present were Dennis Kraft, City Administrator; Bob Ostlund, School Superintendent; Judith S. Cox, City Clerk; and Pat Minelli, Editor of Shakopee Valley News. Mayor Laurent explained that the purpose of the meeting is to discuss the future property needs within the moratorium area for the school district. (Undeveloped property lying South of the Senior High School) Mr. Ostlund explained that the School Board has appointed a task force which is looking at current facility usage, enrollment projections, maintenance costs, technological needs, etc. They will be making both a short term and long term recommendation to the Board this April. He said that the State recommends 50 acres for a site like the Senior High and that they own 22 1/2 acres. He said that until the task force presents their recommendations, the Board does not know exactly how much additional land they will need for current needs as well as long range needs. Members of the School Board indicated that there is a need for additional land, that the ideal location for additional land is immediately adjacent to the senior high site, and that the property in question is the most desirable. The Board is not in a position to make any purchases at this time because the capital improvement funds are very limited and this is the fund that the money would come from. The typical way to come up with funds would be through a referendum. The Board would like to receive the report from the task force before identifying the amount of land they would like to acquire. The School Board implied that they would appreciate it if the City would purchase land South of the Senior High and that they would purchase land from the City for their needs when funds are available. Any land purchase ultimately not needed by either the City or the School District could be sold. It was a consensus that there would not be a loss in the investment because of the choice location. Mayor Laurent thanked everyone for attending the meeting. The meeting adjourned at 8 : 10 P.M. 1 . u ith S. Cox, ity Clerk R ording Secretary SCOTT COUNTY HIGHWAY DEPARTMENT 600 COUNTRY TRAIL EAST JORDAN; MN 55352-9339 (612) 496-8346 FAX (612) 496-8365 BRADLEY J. LARSON Highway Engineer DANIEL M.JOBE Asst.Highway Engineer-Design DON D. PAULSON Asst. Highway Engineer-Construction MEMORANDUM DATE : February 26 , 1992 TO : Bill Nevin Sheriff FROM: Joe Kane Highway M intenance Foreman SUBJECT : Spring Road Restrictions On Monday, March 2 , 1992 , Spring Road Restrictions will be posted on County highways . We expect the posting to remain until mid-May. As in the past , we request your assistance in monitoring and enforcing these road restrictions . If you have any questions , feel free to call me at 496-8369 . Thank you for your help in this matter. JWK/an cc : Lt . Don Hamilton City of Prior Lake City of Savage City of Shakopee - d�- An Equal Opportunity'Affirmative Action Employer 1991 ANNUAL REPORT SHAKOPEE COMMUNITY DEVELOPMENT COMMISSION 1. 1/16/91 - 1990 CDC Annual Report - The Commission moved to recommend to Council approval of the CDC' s 1990 Annual Report. (Council approved 1/22/91) . 2 . 1/16/91 - 1991 Star City One Year Work Plan - The Commission moved to recommend Council approval of the Star City 1991 One Year Work Plan as amended. (Council approved 1/22/91) . 3 . 1/16/91 - Star City Five Year Economic Development Work Plan - The Commission moved to recommend to City Council that the Star City Five Year Economic Development Work Plan be approved as amended. (Council approved 1/22/91) . 4 . 1/16/91 - Downtown Rehab Grant Program - The Commission moved to recommend to the Shakopee HRA that the rehab grant program be continued with $34 , 000. 00 to be allocated to the program in 1991 and that the program be reviewed on an annual basis to determine whether or not it should be continued. (HRA approved 2/5/91) . 5. 2/20/91 - Housing Assistance Development Policy - The Commission moved to request staff to develop a housing assistance development policy for the Commission's review and consideration. 6. 2/20/91 - SPUC Liaison - Commission moved to appoint Jon Albinson to serve as a Shakopee Community Development Commission Liaison to the Shakopee Public Utility Commission. 7 . 3/20/91 - Municipal Facility Sub-Committee - Upon hearing a presentation from a community group comprised of residents interested in developing a new outdoor athletic facility at the Senior High School, the Commission moved to recommend to City Council that a sub-committee of the CDC be established with representation from the CDC, Park Advisory Board, Planning Commission, School District and City Council to analyze the potential for acquiring the entire parcel occupied by the moratorium area. (Council approved 4/16/91) . 8. 3/20/91 - Downtown Alleys and Overhead Utility Lines - The Commission moved to recommend to City Council that the appropriate City officials be directed to meet with the Shakopee Public Utility Commission officials to generate cost estimates, potential cost share arrangements and assessment alternatives regarding the undergrounding of overhead utility lines in the Downtown area and approving the alleys and report their findings back for further review and analysis. (Council approved 4/2/91) . • 9. 3/20/91 - Election of Officers - The following persons were elected as officers for the Community Development Commission - Jon Albinson, Chairperson - Bill Mars, Vice Chairperson - Mike Beard, 2nd Vice Chairperson. 10. 4/17/91 - Housing Assistance Program - The Commission moved to recommend to the Shakopee HRA that a housing assistance program be developed with an initial funding allocation in the amount of $30, 000. 00 to be applied to the program and that the housing assistance program guidelines be adopted. (Shakopee HRA denied 5/7/91) . 11. 4/17/91 - Downtown Revitalization Plan Update - The Commission moved to recommend to City Council that the City of Shakopee obtain proposals for updating the downtown revitalization plan following MnDOT' s acquisition of the parking lots located behind City Hall. (Council denied 5/7/91) . 12 . 4/17/91 - City Map/Brochure - The Commission moved to request staff to proceed in completing the City map/brochure. 13 . 7/17/91 - Proposed Downtown Rehab Grant Program Amendments - The Commission moved to maintain the status quo in regard to the downtown rehab grant program guidelines. 14 . 9/18/91 - 5th Avenue and Market Street Project Area - The Commission moved to recommend to the Shakopee Planning Commission that the appropriate City officials be directed to initiate the re-zoning of the property within the study area to R-3 , medium density residential and a small portion of R-4, multi-family residential (Shakopee HRA concurred, Shakopee Planning Commission tabled 2/6/92 , City Council withdrew request 2/18/92) . 15 . 9/18/92 - Downtown Parking - The Commission moved to recommend to City Council that they directed the appropriate City officials to take the necessary steps to develop the parking lot behind the library and negotiate a lease agreement with Marquette Bank for parking adjacent to their Auto Bank Facility. (Council directed staff to initiate a feasibility study on developing the parking lot behind the Library on 10/1/91) . 16 . 10/16/91 - Chairperson Resignation - Chairperson Albinson resigned as Chairperson for personal reasons. Vice Chairperson Mars assumed the responsibilities as Chairperson for the remained of Commissioner Albinson' s term. 17 . 12/18/91 - Rehab Grant Program Amendments - The Commission moved to recommend to the Shakopee HRA that the rehab grant program guidelines be amended to exclude customary maintenance items and further recommend the reduction of rehab grant policy #7 which clarifies what constitutes customary maintenance in regard to building repairs. (Shakopee HRA concurred 3/3/92) . • r 18. 12/18/91 - Rehab Grant Program Continuation - The Commission moved to recommend to the Shakopee HRA that the rehab grant program be continued until all grant proceeds are expended with $44, 000. 00 to be allocated from the HRA fund balance. (Council approved on 1/7/92 allocating $25, 000, 00 to the program for 1992) . 19. 12/18/91 - Downtown Committee Merger With Community Development Commission - The Commission moved to recommend to City Council that the Downtown Committee be merged with the Community Development Commission at this time and also that the City Ordinance be amended expanding the Community Development Commission to nine (9) members. (Council approved 2/4/92 but selected to maintain the status quo in regard to the CDC membership size) . TAMI/ADMIN/CDCANNUAL BAS/tiv PROCEEDINGS OF THE BOARD OF ADJUSTMENT AND APPEALS REGULAR SESSION SHAKOPEE, MN FEBRUARY 6, 1992 MEMBERS PRESENT: Joos, Christensen, Kelly, Zak, Kahleck, Mars MEMBERS ABSENT: Spurrier STAFF PRESENT: Lindberg Ekola, City Planner Terrie Sandbeck, Assistant Planner Karen Marty, City Attorney Carol Schultz, Recording Secretary I. ROLL CALL Chairman Joos called the Board of Adjustment and Appeals to order at 7 : 30 p.m. Roll call was taken as noted above. II. APPROVAL OF AGENDA The agenda was approved as presented. III. APPROVAL OF JANUARY 9 , 1992, MEETING MINUTES The meeting minutes were approved as presented. IV. RECOGNITION OF INTERESTED CITIZENS Chairman Joos recognized anyone in the audience who wished to address anything not on the agenda. There was no response. V. ADJOURNMENT The meeting of the Board of Adjustment and Appeals adjourned at 7 : 33 p.m. X13. OFFICIAL PROCEEDINGS OF THE PLANNING COMMISSION REGULAR SESSION SHAKOPEE, MN FEBRUARY 6, 1992 MEMBERS PRESENT: Christensen, Zak, Mars, Kelly, Kahleck, Joos ARRIVING LATE: Spurrier STAFF PRESENT: Lindberg Ekola, City Planner Terrie Sandbeck, Assistant Planner Dave Hutton, City Engineer Karen Marty, City Attorney Carol Schultz, Recording Secretary I. ROLL CALL Chairman Kahleck called the meeting of the Shakopee Planning Commission to order at 7 : 33 p.m. Roll call was taken as noted above. II. APPROVAL OF AGENDA The agenda was approved as amended by the renumbering of the Public Hearings. III. APPROVAL OF THE MINUTES The meeting minutes of January 9, 1992, were approved as presented. IV. RECOGNITION OF INTERESTED CITIZENS Chairman Kahleck asked if there was anyone from the audience who wished to speak on anything not on the agenda. There was no response. V. PUBLIC HEARING: B&D DEVELOPMENT - PRELIMINARY PLAT APPROVAL The Asst. Planner gave the report stating that the proposed subdivision is located south of Vierling Drive and east of Marschall Road (C.R. 17) , and is zoned R-2 , Urban Residential. The proposed plat covers 26. 6 acres and consists of 36 single family lots and two outlots. Two sixty foot gas line easements currently cross the proposed subdivision. The applicant is planning to move the southerly gas line, which would affect the lot size of some of the lots in the development. There are four corner lots which would need a variance to be buildable. The northerly gas line is not being relocated. Comm. Joos expressed concern on locating gas lines within a residential development. Minutes of the Page - 2 Shakopee Planning Commission February 6, 1992 Comm. Kelly thought it would be worth it to have the gas line issue checked into further by Minnegasco before this issue is voted on. Dale Dahlke, B&D Development, 1279 Limestone Drive, stated he is proposing to move the gas line parallel to the existing one when the gas line is relocated for the Southerly Bypass, locating them approximately 10 feet apart. There are gas lines currently in residential areas throughout the city. He stated this would make it easily accessible for service. He also stated he is proposing to install berms, keeping the buffer more natural, as opposed to wood and concrete walls. Comm. Joos stated a concern on having the gas line located so close to the residential areas. Comm. Mars asked if there would be any un-owned or un- maintained land between the bypass and the rear lot lines. The applicant stated that when the bypass right-of-way lines are finalized, the lots would be extended to meet the right- of-way lines. Chairman Kahieck asked if there was anyone from the audience who wished to address this issue. There was no response. Motion: Joos/Zak moved to continue this public hearing until the next regular meeting. Discussion on continuing the public hearing took place. Comm. Lynch said she is not convinced that this issue need be tabled. She felt they had sufficient information to make a motion. Mars/Zak moved to approve the preliminary plat for Dalles 1st Addition, subject to the following conditions: 1. Submit a revised preliminary plat reflecting the new proposed lot lines and reduction of the number of lots, and showing the proposed relocation of the southerly gas line and its easement along the east edge of Outlot A, and its location and its easement adjacent to the existing gas line to the north along Vierling Drive. 2 . The diagonal gas line easement must be relocated to the eastern edge of Outlot A, and adjacent of the existing gas line located south of Vierling Drive. The gas line easement closest to the north boundary must be relocated along the entire north and east property lines if Outlot A were to be developed with the currently proposed design. Agreements by the developer with Minnegasco to Minutes of the Page - 3 Shakopee Planning Commission February 6, 1992 relocate these easements must be received by the City prior to preliminary approval by the City Council. 3 . No building permits shall be issued for Lots 10, 11, and 12 in Block 1, and Lot 3 in Block 2 until such time that the gas line that crosses these lots in the revised preliminary plat is relocated. 4 . Approval of the title opinion by the City Attorney. 5. Execution of a Developer' s Agreement for construction of required improvements: a. Street lighting to be installed in accordance with the requirements of the SPUC Manager. b. Water system to be installed in accordance with the requirements of the SPUC Manager. c. Sanitary sewer and storm sewer to be installed in accordance with the requirements of the design criteria and standard specifications of the City of Shakopee. d. Local streets and street signs within the plat shall be constructed in accordance with the requirements of the design criteria and standard specifications of the City of Shakopee. e. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250. 00 each per sign pole. f. Existing easements shall be reapportioned according to City policy. g. Cash payment in lieu of park dedication shall be required. 6 . Prior to approval of the final plat, final construction plans for all public improvements must be submitted and approved by the City Engineer. 7 . The developer will be responsible for grading of the plat as shown in the preliminary drainage plan. 8 . No direct access from individual lots to Vierling Drive will be allowed. 9. The final plat must show all drainage and utility easements around lot lines. Minutes of the Page - 4 Shakopee Planning Commission February 6, 1992 10. Approval of the preliminary plat is contingent upon the applicant receiving a Certificate of Exemption (Wetlands Conservation Act of 1991) or receiving approval by the City with appropriate minimization/replacement measures. 11. The developer shall install a berm along the south edge of the lots abutting the bypass as required by the ordinance, based upon the information regarding noise impacts from MN DOT. 12 . The City must receive approval from the Minnesota Department of Transportation on the location of the proposed subdivision's south boundary prior to preliminary approval. Motion carried with Joos opposed. 6. PUBLIC HEARING: DALE DAHLKE AND BECKRICH DEVELOPMENT The City Planner stated that the Planning Commission continued the public hearing for preliminary approval of a residential Planning Unit Development located at the northeast corner of County Road 78 and County Road 79, approximately 1 mile south of the Southerly bypass. The site is zoned Rural Residential and located in the rural service area. It covers 86. 76 acres and there are 35 lots proposed varying in size from 1 acre to 4 acres. Comm. Joos had a concern with the naming of "Park Road" . He felt it should be renamed because of the existing streets in the City, "Park Circle" and "Park Drive" . Comm. Spurrier arrived at 8 : 25 p.m. Comm. Spurrier asked the density per acre. Staff stated that the proposal is just under 0.4 dwelling units per acre. Dale Dahlke, 1279 Limestone Drive, Beckrich Development, stated that it makes no difference if they dedicate public park land or if they pay cash in lieu of it. He thought there were some possibilities with a park site, but if the Planning Commission would prefer they not dedicate a park, that would be all right too. It is proposed that one well will service the development. He would like to have it set up in such a way that it could be stubbed into the City sewer and water system at a later date. The total park and open space area was approximately 30 acres. Comm. Spurrier stated that there was no plan for a park in this part of the community. He feels that the proposed park Minutes of the Page - 5 Shakopee Planning Commission February 6, 1992 land was not acceptable as public park land because of its inaccessibility to the public. Chairman Kahleck closed the public hearing at 9: 10 p.m. Motion: Zak/Christensen moved to recommend to the City Council the approval of the preliminary planned unit development for Beckrich Park Estates, subject to the conditions as follows: 1. A variance to the lot size requirement of 2 . 5 acres in the Rural Residential Zoning District is approved by the Shakopee City Council. 2 . Submission of a sewer plan which contains an analysis of soils and design standards for each residential site and ensures compliance with the City code for private sewage treatment systems. 3 . Approval of the preliminary PUD is contingent upon the applicant receiving a Certificate of Exemption (Wetlands Conservation Act of 1991) or receiving approval by the City with appropriate minimization/replacement measures. 4 . A plan for the developer to meet the park dedication requirement, utilizing cash payment in lieu of land dedication, must be developed prior to the approval of the final plat. 5. A street lighting plan must be included on the final PUD. 6 . Prior to approval of the final PUD, final construction plans for all public improvements must be submitted and approved by the City Engineer. 7 . Execution of a developer's agreement for the construction of the required improvements: A. Water system to be installed in accordance with the requirements of the City Engineer. B. Street lighting shall be installed in accordance with the requirements of the SPUC Manager. C. Storm sewer system shall be installed in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. D. Local streets and street signs within the plat will be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. Minutes of the Page - 6 Shakopee Planning Commission February 6, 1992 E. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250. 00 each per sign pole. 8. The developer shall be responsible for grading of the plat as shown in the preliminary drainage plan. 9 . The final PUD must show all drainage and utility easements around the lot lines. 10. County Road access permits will be required from Scott County prior to final PUD approval. 11. The streets currently named "Pondview Circle" and "Park Road" must be changed to names that are less similar to names of already existing streets within the City. 12 . A fire hydrant plan must be approved by the SPUC Manager and the Fire Department prior to the approval of the preliminary plat. 13 . Approval of the title opinion by the City Attorney. Motion carried unanimously. 7. PUBLIC HEARING: CITY OF SHAKOPEE - PROPOSED REZONING The City Planner reviewed the proposed rezoning for the 4th Avenue and abandoned railroad line area. Comm. Christensen stated that she felt that this should be looked into further and that "just to get it back on the tax roles was not a good enough reason" . She said she felt that the City should look into protecting the "older" part of Shakopee. She would like to have a committee formed to look into the "old town" of Shakopee and envision what they would like to have this area look like. Comm. Spurrier asked what types of housing would be permitted within this zoning of R-3 . The City Planner reviewed the R-2 , R-3 , and R-4 permitted and conditional uses as well as the district requirements. Comm. Joos said he thought this area is undevelopable as it now stands and felt that it is time the City made some changes. Comm. Zak said that this area has been studied by the City since 1985 and felt that it is time to move on and get this back on the tax roles. Comm. Joos said he felt that if this area is left alone, then nothing would ever be done with it. He said something needs Minutes of the Page - 7 Shakopee Planning Commission February 6, 1992 to be done. Comm. Kelly said he felt something needed to be done in the way of economics, but that the single family homes in the area should be protected somehow. He suggested going from R-2 to R- 3 along the undeveloped part of the railroad. Comm. Spurrier stated that too many developers and too many engineers do not look for options before they write off every alternative. He said he has a concern for the character of the neighborhoods. Motion: Spurrier/Christensen moved that the Chairman appoint an ad hoc committee to review a proposal for preserving the "old Town" part of Shakopee and return to the Planning Commission with recommendations. Comm. Mars recommended that a realtor, a developer, and a City Staff member be included in this Committee. Kahleck suggested that the Planning Commission review their findings at the next regular meeting and decide a time limit for the report by the Committee at that time. Comm. Spurrier requested that the City Council authorize the use of staff time for the ad hoc committee. Motion was approved. Spurrier/Christensen moved to table the decision to rezone this area until the first meeting in April after the Committee has had an opportunity to review the area. Motion was approved. 8 . 1991 BOARD OF ADJUSTMENT AND APPEALS AND PLANNING COMMISSION ANNUAL REPORT: Joos/Zak moved to recommend to City Council approval of the Board of Adjustments and Appeals Commission and Shakopee Planning Commission 1991 Annual reports. Motion carried unanimously. 9a. PEDESTRIAN/BIKE STUDY: City Planner reviewed the pedestrian/bike study existing requirements. This was an informational item only. A plan will come back within the next 2-3 months for review. 9b. 1992 PLANNING COMMISSION WORK PROGRAM: Staff is requesting that the Planning Commission members review the 1992 Work Program and prioritize each of the projects and return them to staff. An updated work program will be presented at the March Planning Commission meeting. 10. ADJOURNMENT The meeting of the Planning Commission was adjourned at 11: 10 p.m. #4 MINUTES OF THE SHAKOPEE ENERGY AND TRANSPORTATION COMMITTEE Regular Session February 19 , 1992 Chairman Drees called the meeting to order at 7 : 00 p.m. with Commissioners Case, Ward, Mars, Drees, Kelly and Otto present. Commission Reinke was absent. Barry A. Stock, Assistant City Administrator and Terrie Sandbeck, Assistant City Planner were also present. Mars/Kelly moved to approve the minutes of the January 15, 1992 meeting as amended. Commissioner Ward noted a change on Page 2 of the minutes. Mr. Blatzheim should to be changed to Ms. Blatzheim. Motion carried unanimously. Mr. Stock stated that over the past two months the Committee has discussed the possibility of establishing a Dial-A-Ride Minimum Ridership Age Policy and at the last meeting the Committee requested staff to draft a policy for their review and consideration. Policy No. 23 is the proposed Dial-A-Ride Minimum Ridership Age policy, which states "The City of Shakopee shall not allow for the transport of children under age 5 who are unaccompanied by an adult unless the destination point of said ride is an approved certified designated shelter or the origination point of said trip. To be qualified as an approved certified designated shelter, said shelter must file a copy of their state and/or county operating license with the City of Shakopee. " After discussion on this proposed policy, the consensus was to add the following to this policy, "No child under age 3 shall be transported unless accompanied by an adult" . Mr. Stock stated that staff is recommending approval of the policy as amended. Ward/Mars moved to recommend to the City Council adopting of the Dial-A-Ride Minimum Ridership Age Policy as proposed by staff with the amendment. Motion carried unanimously. Mr. Stock stated that for the past five years the City of Shakopee has sponsored a spring cleanup program. In both 1990 and 1991, funds for operating the program have been received from Scott County. Staff requested the Energy and Transportation Committee to discuss what type of recyclable material collection program they wished to develop in 1992 . In 1991 the City of Shakopee received $15, 850 from Scott County to offset costs associated with the following waste abatement activities pursued by the City in 1991. Recycling Cleanup Program $7 , 350. 00 Fall Yard Waste Collection $4 , 500. 00 Recycling Containers $4 , 000 . 00 Minutes of the Page - 2 Energy and Transportation Committee February 19, 1992 Mr. Stock stated that attached to the staff memo was correspondence from Mr. Al Frechette, Environmental Health Manager for Scott County. Mr. Frechette' s correspondence indicated that only $5, 073 . 00 would be available for recyclable material collection days for 1992 . Mr. Stock also stated that, in order to put together a program within the amount of dollars available, staff was recommending that the Commission go with a program that simply accepts recyclable materials. These materials would include such items as tires, appliances, yard waste, brush and car batteries. Under this program, he was also proposing that they limit the number of tires accepted to four per vehicle. He also suggested that they impose a flat gate fee of $5. 00 per vehicle. Mr. Stock stated that there were three options available to the Commissioners. They could either decrease the volume, jack up the gate fees or amend their program. He also stated that junk was the biggest portion of the disposal costs. He suggested that the Commission consider going to purely a recyclable program and that even then it would make the budget tight. He suggested that the Commission go with either a recyclable program in the spring or a recyclable program in the fall, but that there weren't enough funds to do both. After discussion on the need to accept junk during the cleanup day, Mr. Stock stated that we could accept junk at a price, but we would need to figure out how much of a gate fee we would need per load to cover costs. The Commission discussed the prices to set and determined that a $25. 00 charge for a carload of junk and a $45. 00 charge for a pickup could be imposed to cover the program costs in addition to the County grant. There would also be a $10. 00 fee for a mattress or box spring and a $5. 00 gate fee for purely recyclables. Mr. Stock suggested a limit of four tires per vehicle and a limit of two appliances but that there would be no limit on the number of batteries. Mars/Ward moved to recommend to the City Council that the appropriate City officials be authorized to apply for funds from Scott County for a spring recyclable material collection day. Motion carried unanimously. This date was set for Saturday, May 2 , 1992 . Mr. Stock stated that since the inception of the Vanpool program in 1984, the City of Shakopee has been under contract with Vanpool Services Inc. for the provision of services related to the Vanpool program. Over the past seven years, the City has solicited proposals for this service on three separate occasions. Each time the City ultimately awarded the contract to Vanpool Services Inc. The current contract with Vanpool Services, Inc. expires April 16, 1992 . The deadline for the Request For Proposals for Vanpool services was February 13 , 1992 . However, the City only received one proposal in responses to the solicitation. Basically, Vanpool Services, Inc. submitted their normal and customary service proposal that the City has been operating under for the last seven years. Staff has been pleased with the level of service provided Minutes of the Page - 3 Energy and Transportation Committee February 19, 1992 by VPSI over this period of time. Mr. Stock stated that VPSI is a subsidiary of Chrysler Corp. which is self-insured and that this is one of the reasons that their costs are held down. Mr. Stock stated that staff is recommending that they continue with Vanpool Services, Inc. Otto/Ward moved to recommend to the City Council that the appropriate City officials be authorized to enter into an agreement with Vanpool Services, Inc. for the provision of Vanpool services in Shakopee. Motion carried unanimously. Case/Mars moved to adjourn the meeting at 8 : 15 p.m. Motion carried unanimously. MUNICIPAL FACILITIES SUB-COMMITTEE FEBRUARY 26, 1992 CITY COUNCIL CHAMBERS SHAKOPEE, MINNESOTA The meeting was called to order at 7 : 05 p.m. with the following members present: Paulette Rislund, Jim Murphy, Jim Stillman, Jane DuBois, Dave Kaufenberg, Ione Theis, Anne Siefert. Barry Stock, Assistant City Administrator and Jim Fehring were also present. Dick Mertz and Steve Johnson were absent. Ms. Siefert stated that she would like the minutes of the January 22 , 1992 meeting amended to reflect that she was present at the meeting. Ms. Rislund stated that she would like to have the minutes amended to reflect the discussion that took place on the possible cost share arrangement with Community Organizations and City Council for funding a survey. Ms. Rislund stated that a brief sentence to that affect should be included on page 5 of the January 21, 1992 minutes. Rislund/Siefert moved to approved the minutes of the January 22 , 1992 meeting as amended. Motion carried unanimously. Mr. Stock stated that over the past three months the Committee has discussed several different survey techniques and methodologies. One key point that has continually come to the surface in our discussion of the various survey alternatives was credibility. A second key point that has been continually addressed throughout the process was the area of cost. In regard to survey methods and techniques, the consensus at the last meeting was that an outside firm specializing in the area of survey design and implementation would yield the most positive results in terms of credibility. On the negative side, the consultant approach is obviously more costly. In that vein, the Committee requested staff to informally contact several Community Organizations to determine if they would be willing to financially support a survey of this type. Mr. Stock stated that since our last meeting he has contacted two individuals from two of the larger service organizations in the community to get a feeling on what type of interest there might be in participating financially in a community survey of this type. Based upon the information that I shared with the two individuals regarding the proposed project, both felt that it would be difficult to sell the idea of contributing dollars to a survey that will primarily benefit the City. I also sensed a strong perception from these two individuals and other residents from various organizations that many people in the Community believe that the Community Organizations have contributed significant dollars especially in the area of park development. The common response that I hear from numerous individuals in the community is that it is time for the City to invest some of their own money other than simply park dedication fees and contributions. In terms of the credibility issue, Mr. Stock stated that he sensed a consensus at the last meeting that it would be a waste of everyone's time and money to pursue a project that is not going to have a high degree of credibility. With these thoughts in mind, Mr. Stock stated that he drafted a preliminary work plan for the Sub-Committee 's review and comment. Mr. Stock stated that the proposed work plan basically suggests the utilization of a professional survey research firm to develop and administer a telephone survey of Shakopee residents, the purpose of which would be to determine community facility needs and respondents willingness to pay. The plan goes on to suggest the appointment of a research survey sub-committee comprised of between 20-30 persons to work with the consultant in developing a survey questionnaire. Finally, upon completion of the survey, it is suggested that a town meeting be held to present the survey results and solicit additional input from Shakopee residents. Ms. DuBois questioned the approximate costs of such a survey. Mr. Stock stated that the recent school district survey was approximately $5, 000. 00. He noted that if we pursue a focused survey on facility needs that it should be able to be completed within a similar price range. Mr. Stock noted that at the last Community Development Commission meeting, the Commission discussed the possibility of piggybacking on the Facility Needs Sub- Committee's recommendation and recommended Council consideration of a more comprehensive community wide survey to gather input from Shakopee residents on other community wide issues. Obviously, a more comprehensive survey would cost more than $5, 000. 00. The cost of a survey is generally directly related to the number of questions asked. Mr. Murphy stated that their survey provided the school board with a tremendous amount of input on a number of issues. He stated that if the City is being faced with serious cuts that it might be beneficial to survey Shakopee residents to determine where they feel cuts should be made. Mr. Murphy went on to state that if the City spends $10, 000. 00 for a survey that it might be the best $10, 000. 00 they spend in 1992 especially if the results provide them with guidance in determining where cuts should be made. Ms. DuBois concurred with Mr. Murphy's statements. She went on to state she could not remember the City ever conducting a comprehensive survey of the type being discussed. Ms. DuBois stated that she did not think that $10, 000. 00 was a lot of money when in fact such a survey might provide direction for the City of Shakopee' s growth for the next 20 years. Ms. Rislund stated that she agreed with the comments made by Mr. Murphy and Ms. DuBois. She went on to state that she did not think it think it was beyond the realm of this Committee' s original objective to recommend a more comprehensive survey. Mr. Stillman stated that he would prefer that the work plan address a professional survey that focused on municipal facility needs. However, he would also suggest that a statement or comment be added in the presentation or as an additional item to be included on the work plan that the Committee believes that a comprehensive survey should also be pursued. Ms. DuBois stated that with the number of highway projects currently under way and the significant growth that Shakopee will likely incur in the next five years that she felt it was critical for the City to begin to prepare from both a facility standpoint and a long range planning standpoint for what is going to happen. She also stated that Shakopee residents are interested in providing input but don't know the correct avenue to pursue in providing input or feel that the City doesn't care. People want to be asked. Mr. Murphy stated that when the school district conducted their survey, many residents thanked them for asking for their input. He concurred that people want to be asked for their input. Ms. Rislund stated that she felt the City might be opening itself up for criticism if they pursue a survey that is just focused on one issue such as facilities. She stated that their is also a segment of the community that supports additional facility planning but that there is another segment that does not. If a broad survey is conducted, Mr. Rislund stated that it would eliminate potential bias right from the start. Mr. Kaufenberg and Ms. Theis concurred that a comprehensive survey should be pursued. Mr. Stock noted that in conjunction with the comprehensive plan, a survey was undertaken by the consultant. He stated that he thought the survey focused more on planning issues than overall community issues such as park development, facilities and/or spending. Ms. DuBois stated that she was on the comprehensive plan committee. She stated she thought the survey was very focused. Ms. Rislund also stated that she was on the committee and she remembered that the survey was conducted in 1988 and was a very small sample size. Ms. rislund also noted that the survey did not go deep enough into identifying the real issues and problems in the community and also community desires. Discussion ensued on funding a survey. Mr. Stock noted that at the present time there is only $1, 500. 00 in the planning budget and $1, 750. 00 in the recreation budget for professional services. He noted that these funds could be used to apply to the cost of a consultant but it would essentially drain these division of any further professional services needed during the upcoming year. Mr. Stock noted that also when staff prepares the 1992 budget that they generally have a specific item in mind when they budget money within the professional services account. Mr. Stock stated that the only other possible source of funds that he thought Council would consider would be the contingency fund. Discussion ensued on the proposed action planned. Mr. Murphy suggested that an item be added to the action plan that would state that Council would have final approval of the survey prior to its implementation. Mr. Murphy noted that the Shakopee school board did in fact review the survey before it was implemented. This allowed for a buy in on the part of all of the school board members. It was the consensus of the Committee that this item should be added to the work plan. Mr. Kaufenberg questioned whether or not community organizations would be allowed to provide input in developing the survey. Mr. Stock responded in the affirmative. He noted that the proposed survey research sub-committee comprised of between 20-30 persons would include representatives from the various community organizations. Mr. Kaufenberg suggested that perhaps in parentheses within that element of the work plan a statement could be added to more clearly state that representation on the proposed survey research sub-committee would include representatives from various community organizations, residents, various committee members, etc. It was the consensus of the Committee to add this language in the action plan. DuBois/Kaufenberg moved to approve the Municipal Facility Needs Assessments Sub-Committee Action Plan as amended with a statement to be added that would encourage City Council to take an extra step and go with a comprehensive community wide survey. Motion carried unanimously. Murphy/DuBois moved to recommend to the Shakopee Parks Advisory Board that the Facility Needs Assessment Sub-Committee Proposed Action Plan be approved and forwarded to City Council for approval. Motion carried unanimously. Discussion ensued on financing the survey. Ms. Rislund stated that at our last meeting Mr. Dick Mertz suggested that the American Legion might be a possible source of funds for the survey. Ms. Rislund stated that she thought Mr. Mertz suggested a Mr. Hamilton to contact. Mr. Stock stated that he did not have the opportunity to contact Mr. Hamilton but would do so prior to forwarding the Sub-Committee ' s action plan to the Park Advisory Board. Mr. Stillman stated that he felt that the Committee should include a recommendation to utilize a funding source. Discussion ensued. Rislund/Kaufenberg moved to recommend to the Park Advisory Board that the contingency fund be utilized to fund a community survey. Motion carried unanimously. It was noted that the option be kept for organizational funding if it is indeed available to help offset overall survey costs. Mr. Stock stated that the Sub-Committee ' s work plan would be submitted to the Park Advisory Board on their March 23 , 1992 meeting. Assuming Park Advisory Board approval of the work plan it will be forwarded to City Council for their review and comment at their April 7 , 1992 meeting. Mr. Stock stated that he would send the Sub-Committee members copies of the agendas for these two meetings and encouraged their presence at both. The meeting adjourned at 8 : 30 p.m. #-a6 CITY OF SHAKOPEE INCORPORATED 1870 114. AiikKOF 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379.1376 (612)445.3650 {`; e March 4, 1992 Dear Shakopee is blessed with a number of high quality service organizations who have made significant contributions to our community. Indeed, it would be difficult, if not impossible, to find a Shakopee resident who has not directly benefitted from the efforts of a local service organization. Given the large role service organizations have played in shaping this community, I felt some benefit may be attained by increasing the level of communication between your organization and the Shakopee City Council . If each of us know what the goals and directions of the other are, perhaps a coordinated effort can be achieved resulting in greater benefit and higher efficiency. To that end, I have recommended that a Council liaison to service organizations be established on a one year trial basis with Councilor Mike Beard serving in that capacity. The City Council fully supported my recommendation. Mr. Beard will be contacting you in the near future to further discuss the relationship. I 'm confident you will find Mike to be professional, congenial, open and helpful . The goal is not to interfere with the great job you are doing but to assist, if possible, in making it even better. Throughout this year, please share with Mike or me, any ideas you may have which would help in enhancing our common desire of community betterment. Thank you for your help. Sincerely, Gary L. Laurent Mayor City of Shakopee The Heart Of Progress Valley AN EQUAL OPPORTUNITY EMPLOYER 4- 027 GAMBLING CONTROL BOARD Rosewood Plaza South - 3rd Floor 1711 West County Road B Roseville, MN 55113 (612) 639-4000 02/26/92 Jerry Ubel Hockey Shakopee Shak-o-valley Amateur Assoc 2083 E Bridge Crossing Shakopee, MN 55379 FILE: 01969-002 PREMISES: Canterbury Inn Players Lg RE: PREMISES PERMIT DISCONTINUED EFFECTIVE 12/31/91 This letter is to confirm that we have received one of the following from your organization: 1. A notice that you wish to discontinue gambling activity at the premises. 2 . A notice that your organization has discontinued ALL gambling activity. The premises permit for the gambling premises listed above has therefore been discontinued. A copy of this letter is being sent to the local unit of government where the gambling premises is located. Gambling Control Board Licensing Section cc: City of Shakopee ORGLETT.PRG Copy G\ #0g CITY OF SHAKOPEE BUILDING ACTIVITY REPORT - FEBRUARY 1992 - February 1992 February 1991 No. No. Valuation No. No. Valuation Month Y.T.D. Y.T. D. Month Y.T. D. Y.T. D. Single Family-Sewered 4 12 944,874 7 15 949, 700 Single Family-Septic - 1 75, 400 - - - Multiple Dwellings 3 4 405, 107 2 3 279, 600 (# Units) (YTD Units) (6) (8) - (4) (6) - Dwelling Additions - 1 12 , 000 1 1 14 , 400 Other 1 1 1, 500 - 2 15 , 880 New Comm. Bldgs 1 1 85, 000 - - - Comm. Bldg. Addns. - - - - - - New Industrial-Sewered - - - - - - Ind. Sewered Addns. - - - - - - New Industrial-Septic - - - - - - Ind. Septic Addns. - - - - - - Accessory/Garages - - - 1 1 6, 900 Signs & Fences 3 5 _ 7, 300 4 4 29, 320 Fireplaces/Wood Stoves - - - - - Grading/Foundation - - - 1 1 200, 000 Moving - - - - - - Razing - 1 12 , 380 1 i. 1, 500 Remodeling (Res. ) 1 6 16, 760 6 7 59, 900 Remodeling (Inst. ) - - - - - - Remodeling (Comm/Ind. ) 1 8 1, 005, 000 2 5 1, 015, 350 TOTAL TAXABLE 14 40 2 , 565, 321 25 40 2 , 572 , 550 TOTAL INSTITUTIONAL - - - - - - GRAND TOTAL 14 40 2 , 565, 321 25 40 2 , 572 , 550 No. YTD. No. YTD. Variances - - 1 2 Conditional Use - 1 1 1 Rezoning - - - 1 Electric 34 65 24 39 Plumbing & Heating 22 67 35 58 Total dwelling units in City after completion of all construction ,ermitted to date 4 , 633 Jeanette Shaner Building Department Secretary • CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN FEBRUARY, 1992 9333 Valleyfair One Valleyfair Dr. Comm. 85, 000 9334 Dalles Properties C.R. 17 & Vierling Dr. Temp. Sign 100 9335 Suburban Sewer Service 7802 E. Highway 101 Tank 1, 500 9336 Ries Builders 800 W. 1st Avenue Remodel 16, 000 9337 Minn. Valley Fence 820 W. 4th Avenue Fence 800 9338 Novak Fleck 811 Larkspur Court House 68, 000 L 8 B 2 , Meadows 6th 9339 Superamerica 1155 E. 1st Avenue Temp. Sign 100 9340 Darryl Hoffman 1054 Swift Street Remodel 5, 000 9341 Logeais Homes 1084 E. 11th Avenue House 90, 337 L 1 B 2 , Meadows 5th 9342 Logeais Homes 964 E. 11th Avenue House 90, 337 L 6 B 2, Meadows 5th 9343 Michael-Benjamin Homes 1205 Sunflower Circle House 139, 000 L 11 B 1, Prairie Estates 9344 C. I. Realty 1486-90 Roundhouse Cir. Twinhome 103 , 369 L 6 B 2 , Eagle Creek Junction 3rd 9345 C. I. Realty 1478-82 Roundhouse Cir. Twinhome 103 , 369 L 5 B 5, Eagle Creek Junction 3rd 9346 C. I. Realty 1487-91 Roundhouse Cir. Twinhome 103 , 369 L 1 B 1, Eagle Creek Junction 3rd • Total: $806,281 / or/ / .' ...0.*) f �. ). -' z , .►� 1 :r - o -.- .t:,. „a - r- 1991 , ... , i ,r, .,ANNUAL REPOR ,. ...4. ,,„,,,,,... co=•� - .•.4e It, _ PUBLIC WORKS _ DEPARTMENT ,..__ ____I tip. 3 .1 - . .,:t..._,, _ _ -,.,.,.... , -.4 '!, 17i 131=1 Cli �' f .t.i .' . , .� � a r • � (Mc _ O �r.+;P�?► ' 1O •+' ' L fi - 1991 ANNUAL REPORT OF THE PUBLIC WORKS DEPARTMENT INTRODUCTION The Public Works Department is responsible for the maintenance and improvements of all Public property, City equipment and infrastructure within the City of Shakopee, excluding building maintenance. By public property, it is meant to include all public street rights-of-ways and parklands. Infrastructure is further defined to mean streets, sidewalks, sanitary sewers and storm sewers. The only infrastructure element not under the jurisdiction of Public Works is watermain, which is under the direction of the Shakopee Public Utilities Commission. The Department employs 17 full time employees. Organizationally, the Department consists of the Operations Branch and the Engineering Branch. The Operations Branch is often referred to as the Public Works _ Branch and consists of the following Divisions: Street Maintenance, Park Maintenance, Forestry, Utilities (Sanitary sewer and storm sewer) and Equipment Services. Attachment No. 1 illustrates the organizational structure of the Public Works Department by activity and Attachment No. 2 illustrates the organizational chart by position/employee. EXECUTIVE SUMMARY In 1991 , the Public Works Department continued to strive towards increased efficiencies by minimizing expenses. In regards to the Operations Division, all procedures and practices continued to be evaluated and improvements made where necessary to provide the most economical services to the citizens of Shakopee. Changes were made and future changes in our operations will be forthcoming as we continue to review and evaluate our programs. During 1991 , there was increased awareness placed on public relations and reaction to citizen requests. A major effort was made to respond to each and every complaint that was received, no matter how trivial . If necessary additional time was taken to explain the reasons or justifications for certain operations that may not be fully understood by the public. The Department is very cognizant of public relations and community support and welcome all future suggestions or comments. The Engineering Division continues to administer a substantial amount of Capital Improvement Projects annually. In 1991 , 2.6 million dollars of public improvement projects were constructed in Shakopee. The Engineering Division continues to be over 60% funded due to income received and billable projects . This figure is down from 1990 levels due to the consolidation of Engineering and Public Works resulting in the Public Works Director doing more administrative work and less time charges to billable projects . Department expenses overall were down 8% from 1990 levels . The total 1991 Department Budget (all divisions ) was $1 , 180 , 570 while the total Departmental expenses was $991 , 096 or about 84% of the budgeted amount . Of the 4 divisions , only 1 was over budget in 1991 ( Engineering at 103%) mainly due to the Public Works Director actual allocation of time being different that what was estimated. ( See attached budget summary. ) The Department is continuing to increase the use of computers to increase our efficiencies and productivity. Autocadd is being used almost exclusively to do the Engineering designs rather than drafting. On the Operations side , we are continuing to explore the use of computerized systems for fuel management , vehicle maintenance , sign inventories and maintenance records . Future budgets may include additional computer software or hardware to further address our needs . In summary, the continuing goal of the Public Works Department is to provide the most durable , functional and efficient infrastructure possible for the least possible cost and to maintain that infrastructure in the most efficient manner possible . We always welcome comments and questions from elected officials , citizens and other City employees to help us obtain our goal . Respectf il,y Subm' tt David E. Hutton, P.E. Public Works Director ATTACHMENT NO. 1 0 Z Z a w O Zg �' `� ,Y,R ? >� Z � Z w en LL ::-1 r— Q Y cc w Cf) Ca Z w o M alU Q o- m w 0 zv (I� Ca... 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U) Q OPERATIONS DIVISION (PUBLIC WORKS) Street Maintenance Division Employees In 1991 , the Street Maintenance Division consisted of 9 full time employees , 1 part time secretary and 1 temporary summer employee. This represents no increase in staff from 1990 levels . The employees by position are as follows: Dave Hutton - Public Works Director Barb Potthier - Public Works Secretary Harry Pass - Public Works Foreman Jerry Dircks - Heavy Equipment Operator Bill Doege - Heavy Equipment Operator Joe Honermann - Light Equipment Operator Todd Brinkhaus- Light Equipment Operator Dick Cheever - Light Equipment Operator Dave Pass - Summer Employee Activities Street Maintenance Division activities include street and alley maintenance , snow and ice control , storm sewer repair and maintenance, sanitary sewer repair and maintenance, downtown streetscape maintenance , sign maintenance, parking lot maintenance, traffic striping and painting , shade tree control and weed control , mowing roadside ditches , gravel road maintenance and other miscellaneous duties . Street personnel also lend assistance to the City Mechanic in performing routine maintenance items of vehicles or equipment and any other assistance he may need. Attachment No. 3 summarizes the total number of hours spent on each activity during 1991 , as well as over the five year period from 1987-1991 . During 1991 the Street Department accomplished the following projects , in addition to the normal activities listed above. • Revised the Snow and Ice Control Plan. o Attended the Shakopee Showcase to promote public awareness. • Purchased a new paint striper which tremendously improved our efficiency in painting crosswalks and traffic striping. o Assisted the Engineering Division on the 5th Ave/Market St. project by hauling away all debris and dump related items uncovered by the street construction. • Provided input and coordination to the Engineering Division for the cracksealing project. • Provided assistance to the annual Dump Day activities . o Continue to conduct monthly staff meetings to review all activities for improving our efficiences and service to the community. Weed/Tree Control The Street Division is also responsible for weed control and control of the Dutch Elm Disease (D.E.D. ) program. Weed Control consists of checking vacant lots, public property and boulevards for long grass and noxious weeds , either by responding to complaints or by inspection. The Weed Inspector notifies the property owner and issues a notice for compliance . If the property owner does comply, the City' s mowing contractor will perform the work and the property owner is billed directly for the service. Street Division personnel also mow and spray all roadside ditches along public right-of-ways or other public property. The Shade Tree Program consists of inspecting all private and public property for diseased trees or woodpiles . The Tree Inspector issues citations , conducts follow up inspections, oversees the tree removal contractors , including chipping operations and coordinates the reforestation program. Street Division personnel remove and dispose of all diseased trees in the boulevard areas , as well as aiding private property owners by providing a curbside pick up program for disposing of disease trees that are cut down on private property. In 1991 , the Street Division retained the use of one part time Weed/Tree Inspector, Claude Kolb. This represented no increase from 1990 staffing levels . Attachment No. 4 summarizes the total number of hours spent on each activity associated with the Weed/Tree Control Programs . Equipment Service Division Employees In 1991 , the Equipment Services Division consisted of one employee, namely the City Mechanic, Gene Jeurissen. This represents no increase in staff from 1990 levels . Activities The Equipment Services Division is responsible for the repair and maintenance of all City vehicles and equipment, including heavy equipment, all street and park vehicles , staff cars and inspectors truck, squad cars and police equipment, Community Recreation vehicles and Shakopee Public Utility vehicles. The operators of the street and park equipment, as well as Shakopee Public Utilities operators, provide assistance by performing routine maintenance activities . The City Mechanic is responsible for maintaining an appropriate parts inventory for all maintenance activities . The City Mechanic is also responsible for assisting in the preparation of specifications for new equipment or vehicle replacements , preparing surplus vehicles for sale at the auction and taking the new squad cars and adding all police decals , light, sirens and all other electronics necessary to the police operations . Attachment No . 5 summarizes the total number of hours spent on each activity of this Division in 1991 , as well as the five year period from 1987-1991 . In addition, the Equipment Services Division continued researching and gathering information on a computerized vehicle maintenance system. Time was spent visiting other cities as well as Scott County in an effort to determine what type of system would best suit Shakopee. Additional evaluation will be done in 1992 for possible consideration during the budget process . In addition to normal activies the Equipment Service Division accomplished the following projects during 1991 : • Became certified and implemented the state mandated Vehicle Inspection Safety Program. o Assisted in the preparation of the specifications and purchase of the 1991 2 1/2 ton International Dump Truck as well as performed all maintenance and equipment installations to prepare this truck for regular use. • Hired and coordinated the consultant to install the vapor wells at all underground storage tanks to comply with the new EPA regulations . o Coordinated the installation of a new heating system in the shop area. Park Maintenance Division Employees In 1991 , the Park Maintenance Division consisted of 4 full time employees and 1 temporary summer employees. The part time Street Division secreatry also assists the Park Division. This resulted in no increase in staffing from 1990 levels. The employees by position are as follows : Howie Heller - Park Leadman Wally Lureen - Parkkeeper Mike Hullander - Parkkeeper Glenn Heyda - Parkkeeper Clint Sichmeller - Summer Employee Activities The Park Division maintains 12 community parks totaling approximately 260 acres (Attachment *6 ) . Maintenance activities include mowing and trimming all park area, maintaining and repairing all buildings located in City parks, maintaining all athletic fields by dragging infields, mowing grass, etc. , maintaining all playground apparatus, tennis courts, skating rinks, maintaining the Municipal Pool, water slide, shower building and pumps/pumphouse, maintaining all fences, parking lots, sidewalks or trails and trimming, planting or restocking the City owned nursery at Lion's Park. Park personnel also provide maintenance to all school athletic fields in conjunction with City sponsored recreation programs. Other activities included performing general repair and maintenance of the City Library and Senior Citizen Hi-Rise buildings and grounds. Park employees are also a vital part of the Public Works Department Snow and Ice removal activities and provide valuable assistance to the Street Division for this activity. Attachment No. 7 summarizes the total number of hours spent on each activity during 1991 , as well as for the five year period from 1987-1991 . During 1991 , the Park Division accomplished the following major activities . o Designed and constucted the new hockey rink at JEJ Park. • Designed and installed the new playground apparatus at the Hauer Tot Lot (corner of Emerald Lane and Diamond Court) . • Assisted in the design and installation of irrigation sprinklers in Tahpah Park (project to be finished in 1992) . _ • Purchased a new slit seeder and utilized it to overseed two softball fields, the baseball field and the football field at Tahpah Park. • Reconstructed the infield at the baseball field in Tahpah including regrading and planting new sod. • Replaced the soil in the downtown planters, drilled holes in the bottom of them and added a gravel base to allow water to penetrate. • Designed and landscaped the new library parking lot and boulevard areas. Utility Division The Utility Division consists of storm sewers and sanitary sewers. All activities associated with these accounts are performed by Street Division personnel. Storm Sewers Activities associated with the storm sewers consists of maintaining and repairing all storm sewers, manholes, catch basins, culverts and drainage ditches. Street personnel are responsible for cleaning catch basins , flushing storm sewers , steaming frozen culverts and catch basins and any other general maintenance associated with the City' s storm sewer system. The street sweeping program is vital to keeping the storm sewers clean and maintenance costs to a minimum. Sanitary Sewers Activities associated with sanitary sewers consist of maintaining and repairing all sanitary sewer pipe and manholes , responding to emergency calls on sewer back-ups , flushing , .jetting or rodding -- all sanitary sewers annually, televising sanitary sewers in conjunction with the replacement and upgrading of sewer mains with the street reconstruction program. In 1991 a new tractor crawler was purchased for the sewer T.V. camera enabling us to now televise dead end runs and improving the efficiency of the televising operations by eliminating the lengthy set up times . Attachment No. 8 shows the total number of hours spent on each activity associated with the storm sewer and sanitary sewer programs . Attachment No. 3 STREET ACTIVITIES - hours 1987 1988 1989 1990 1991 421 General Management-Full time 1497 1633 1533 2409 1902 Part time 584 10 38 15 21 422 Tree/Limb pickup (not DED) 69 98 61 511 138 424 Mowing & Spraying 422 416 347 405 477 426 Equipment maintenance 803 769 1149 849 899 427 Street & Alley Maintenance 1222 1515 1260 1503 1223 Tons gravel hauled 1562 3601 2133 1188 1480 Tons gravel hauled Eagle Crk 199 1642 1272 519 841 Tons gravel hauled sts/alleys 1363 1959 861 669 639 Dust Goat (gallons) 4125 4000 5520 2000 3900 428 Seal Coat 975 4 429 Bituminous street repair 1012 1269 1264 738 910 430 Paint striping 219 489 259 431 529 431 Signs 954 732 556 638 544 432 Snow removal plow/haul 104 1196 1644 715 3392 433 Sanding 325 601 772 529 532 Salt/tons purchased 125 125 160 190 193 Salt/tons mixed @5 : 1 875 897 960 1140 1158 434 Streetscape 266 253 360 Attachment No . 4 WEED CONTROL ACTIVITIES 1987 1988 1989 1990 1991 424 Cutting & Spraying 422 416 347 405 477 461 Inspection hours 369 242 147 75 108 Admin. hours ( secr. ) 155 167 192 96 47 Weed notices sent 114 99 100 75 92 TREE CONTROL ACTIVITIES 1987 1988 1989 1990 1991 Private trees removed 27 29 31 40 15 Public Trees Removed 7 3 1 0 3 Boulevard trees removed 28 31 33 24 33 Removal/Curbside PU hrs 558 484 498 393 404 Inspection hours 124 77 69 42 0 General Management 116 166 152 86 57 Replanting hours 50 40 53 42 112 Trees replanted 21 35 26 18 57 Nursery stock replanted 0 0 0 0 Attachment No. 5 SHOP ACTIVITIES - Hours 1987 1988 1989 1990 1991 441 General Management 70 144 180 357 442 Parts Inventory 17 7 37 32 443 Street Maintenance 947 1100 1090 1258 1154 444 Park Maintenance 630 365 272 316 395 445 Police Maintenance 251 216 327 378 164 446 Administration 50 32 42 38 37 447 Community Services 27 4 24 12 1 448 S .P.U.C. 55 83 74 31 68 ATTACHMENT NO. 6 PARKS MEMORIAL PARK: 110 acres ( 60 agricultural) . On the Minnesota River and Millpond area adjacent to Murphy' s Landing. The picnic area is very popular with tourists, groups and individuals . Two open air shelters and modern comfort center. Play apparatus , and Millpond Creek Bridge gives access to graveled hikers trail . HUBER PARK: 4 . 1 acres on the Minnesota river in downtown Shakopee . Boat landing, snow sliding and rodeo arena. STANS PARK: 1 . 3 acres . 4 tennis courts . Playground apparatus . Shelter building is used as a warming house for the skating rink and hockey at this site. HOLMES PARK: 2 acres . Heated shelter building with restroom. Good picnic area. Ice skating, youth softball field, horseshoe pit, volleyball and basketball court. HIAWATHA PARK 1 . 5 acres . Heated shelter building. Ice skating, play apparatus , youth softball diamond, volleyball and basketball court . RIVERVIEW PARK: 2 . 9 acres . Youth baseball diamond ( fenced) . JEJ (SCENIC HTS ) : 10 acres located east of High School. In 1991 , a hockey rink, skating rink, parking lot and heated warming house/comfort station were constructed. Future plans include a basketball court, playground apparatus and bike/walking trails . TIMBER TRAILS : 1 . 74 acres undeveloped park. TOT LOT (Hauers ) : Located at Emerald Lane and Diamond Court. Playground apparatus installed and landscaping done in 1991 . O'DOWD LAKE PARK: 20 . 2 acres . Lakeshore being acquired for park area to feature picnicking, fishing, canoeing, etc. TAHPAH PARK: 40 acres. 9 fenced softball fields, 1 football/soccer field and large baseball field with lights and grandstand seating. Modern concession stand, large parking lot and modern playground apparatus area, also archery targets . LIONS PARK: 45 acres . Outdoor swimming pool and waterslide. 4 tennis courts , heated shelter building for ice skating and hockey, sliding hill , 2 open shelters for picnic area with modern restrooms , play apparatus , and horseshoe pits , volleyball and obstacle course . ATTACHMENT NO. 7 PARKS ACTIVITIES 1987 1988 1989 1990 1991 621 General Management 1078 1191 1368 796 622 Park maint/constr. hours 1155 1519 1556 1.307 1596 623 Mow & trim parks 821 689 935 909 855 624 Athl . field maint. & const. 1034 1742 1248 1236 590 625 Athl . field mow/trim 222 60 106 71 86 626 Tennis court maint. 26 66 39 22 28 627 Blvd/parking lot maint . 86 36 70 86 41 628 Bldg. maint. & const. 305 546 151 551 271 629 Park equip. maint. 855 732 975 830 696 630 Park building maint . 1070 1138 952 1063 947 631 Park vehicle/equip. maint. 298 284 329 276 163 632 Rink/ice maint. 981 742 793 633 1196 633 Snow removal lots/blvds 35 97 165 100 354 634 Tree/Limb Pickup 264 7 118 57 617 Pool maintenance 192 276 388 140 242 618 Waterslide maint. 99 3 0 0 4 ATTACHMENT NO. 8 STORM SEWER ACTIVITIES 1987 1988 1989 1990 1991 731 General Management 344 732 Maintenance System Hours 259 576 24 417 534 733 Sweeping 838 1073 1118 1399 1254 SEWERS ACTIVITIES 1987 1988 1989 1990 1991 711 General Management 284 435 420 151 712 Rodding, Flushing, Video 995 931 528 525 387 713 Maintain system-manholes 223 224 111 226 156 714 Sewer equipment maintenance 17 24 18 30 18 - ATTACHMENT NO. 9 1987 1988 1989 1990 1991 Miles of Street Total 100 . 2 101 . 0 104 . 4 105 . 7 106 . 9 Trunk Highways 9 . 2 9 . 2 9 . 2 9 . 2 9 . 2 Paved-County 23 . 4 23 . 4 23 . 4 23 . 4 23 . 4 Other 67 . 6 68 . 5 71 . 8 71 . 8 74 . 3 Miles of Alleys 7 . 0 7 . 0 7 . 0 7 . 0 7 . 0 Number of Cul-de-sacs 39 43 51 58 64 Acres of Park Land Maintained 260 . 1 260 . 1 260 . 1 260 . 1 260 . 1 Sanitary Sewer-Miles-Footage 26 .6 28 . 8 29 . 7 30 . 2 31 . 6 Miles of Storm Sewer 17 .0 18 . 6 21 . 0 21 . 8 23 . 2 Year Inches Annual Snowfall 1987-88 46 . 0 1988-89 56 . 3 1989-90 39 .0 1990-91 22 . 3 1991-92 72 . 5 (as of 3/1/92 ) ENGINEERING 1991 ANNUAL REPORT OF THE ENGINEERING DEPARTMENT Employees In 1991, the Engineering Department consisted of 5 full time employees, 1 part time temporary employee and 1 summer college student intern. This represents no increases in staffing from 1990 levels. The employees by position are as follows: Name Position Dave Hutton Public Works Director/City Engineer Ray Ruuska Engineering Coordinator John DeLacey Engineering Technician III Jeff Swenson Engineering Technician II Pat Pennington Engineering Secretary Dave Benson Part Time Inspector (Summer only) Tracy Diekmann Summer Intern Engineering Activities Engineering Department activities include conducting field investigations, collecting engineering data and specifying the criteria for the investigations, preparing engineering reports based on the investigations, furnishing design drawings, specifications and criteria for such designs, securing bids and awarding the contracts for the projects, oversee and inspect construction to assure compliance with the drawings and specifications, testing and approving infrastructure construction projects including sanitary sewer, watermain, storm sewer and roadway, prepare all reports and studies required to preserve Municipal State Aid Funding received by the City, review technical engineering material and to provide assistance to City Council, other City departments, City Commissions and Committees and the general public. Capital Improvement Projects The most visible function of the Engineering Department is the administration of all City contracts for the various public works projects. Administration of these contracts consists of design, surveying, right-of-way acquisition, preparing specifications, bidding and award of contract, inspection and testing, processing monthly payments and change orders and generally overseeing the project from start to finish. During 1991, approximately $1, 842 , 858 . 13 worth of City contracts were administered for by the Engineering Department consisting of the following projects: 1991 Projects • Construction of 2nd Avenue and all intersecting gravel streets to add pavement, curb & gutter and any needed utilities (to be completed in 1992) . This project is a continuation of the City Council 's 5-year plan to eliminate all gravel roads within urban Shakopee. • Construction of Bluff Avenue, from Marschall Road to Naumkeag Street. • Construction of 5th Avenue (new street) , from Spencer Street to Market Street; Market Street, from 7th Avenue to 4th Avenue and Main Street, from 5th Avenue to 6th Avenue by adding streets, curb & gutter, storm sewer, sewer, and watermain. • Complete street reconstruction of Jackson Street and Harrison Street from 11th Avenue to 12th Avenue. • Complete street reconstruction of Shumway Street from 6th Avenue to 3rd Avenue and Scott Street from 6th Avenue to 7th Avenue. • Installation of a watermain from 12th Avenue to serve Tahpah Park. • Installation of underground sprinkler system in Tahpah Park. • Construction of the new warming house/comfort station and parking lot in JEJ Park. • Pavement Preservation by letting a cracksealing contract. • New street light on 6th Avenue. • Drainage improvements to Valleyfair ditch. • 1991 Private Development Projects In addition to the administration of City contracts, the Engineering Department plays an active role in private development projects, mainly the inspection and approval of all public improvements. In 1991, approximately $737, 036. 13 worth of private development projects were constructed under the supervision of the Engineering Department, as follows: • Construction of all street and utility improvements within the Meadows 5th Addition Subdivision. • Construction of all utility improvements within the Meadows 6th Addition Subdivision. • Construction of all utility improvements with the Eagle Creek 3rd Subdivision, namely an extension of Roundhouse Circle (to be finished in 1992) . The total amount of Capital Improvement Projects administered by the Engineering Department in 1991, both public and private, was approximately $2 , 579 , 894 .26. This represents a 4% decrease from 1990. Attachment No. 1 is a graph showing the amount of Capital Improvement Projects constructed over the last 5 years. Design of Proposed Improvements In addition to those projects actually constructed in 1991, the Engineering Department is responsible for designing or overseeing the design of any public works project. These activities consist of preparing feasibility reports, cost estimating, surveying and collecting data, coordinating all consultants work, obtain soil borings, reviewing and approving all designs for both public and private projects, working with other governmental units such as Mn/DOT and ensuring all plans and specifications for any public works projects meets the City design standards and current engineering criteria. — During 1991, the Engineering Department worked on the design of the following projects: — • T.H. 101 Shakopee Bypass (Southerly) . Staff worked with Mn/DOT officials and the consultants on the design and also is a member of the Bypass Coordination Team to — review all aspects of this project. • T.H. 169 Bridge and Minibypass. Staff continued to work with Mn/DOT and the consultants on the design. • Bloomington Ferry Bridge, including approaches, and the realignment of County Road South to County Road 42 . Staff has been active in working with Scott County and their consultants on the design of this project. • Continued to work with outside agencies on obtaining permits for Phase III and IV of the Upper Valley Drainage Project and Mn/DOT drainage facilities and assisted the consultant in the design of this project. • Designed the Jackson Street/Harrison Street Reconstruction Project. • Designed the Shumway Street/Scott Street Reconstruction Project. • Designed the JEJ parking lot, bikeway and recreation facilities. • Reviewed and coordinated the design of the following City Projects: 2nd Avenue Bluff Avenue 5th Avenue/Market Street Tahpah Park Watermain and Sprinklers Swimming Pool Repairs • Reviewed and coordinated the design of all private development projects. • Prepared the special assessments and held public hearings to adopt the assessments on the following projects: Bluff Avenue Project Shumway Street/Scott Street Project Lewis Street Reconstruction Project — Valley Industrial Blvd. North Adams Street/4th Avenue Vierling Drive Watermain • Prepared feasibility reports and held public hearings on the following proposed improvements: — 2nd Avenue Project Jackson/Harrison Street Reconstruction Tahpah Park Watermain Muhlenhardt Road Bergquist Road • Prepared the specifications and bid documents for the Cracksealing Project and Sidewalk Replacement Project. Major Transportation Projects In 1991, all 3 major transportation projects in Scott County were under construction. 1. Phase I of the Bloomington Ferry Bridge started construction in 1991. This phase consists of grading, clearing trees and constructing the river span portion of the bridge. Scott and Hennepin Counties is the lead agency for this project. -' Completion is scheduled for 1994-1995. 2 . Phase I and II of the Shakopee Bypass were let and started construction. These two phases consist of several bridges at the far east connection of the bypass to existing T.H. 101. Mn/DOT is the lead agency on this project. Construction is scheduled to be completed by the end of 1994 . 3 . Phase I of the Downtown Bridge and Minibypass, consisting of the fill embankment on the north side of the river was completed in 1991. The last and final phase is scheduled to be let in 1992 and construction is scheduled for completion by the end of 1993 . Mn/DOT is the lead agency for this project. A considerable amount of staff time is required on these 3 projects for such items as plan review, preconstruction meetings, utility coordinations, impacts on City facilities, Mn/DOT meetings to resolve conflicts, consultant coordination, etc. Inspection Services The Engineering Department is responsible for inspecting all public improvement projects, both public and private, to ensure they conform to City and State Specifications. In 1991, all public improvement projects were inspected completely by City staff without the need to utilize outside consultants. Routine Activities Additionally, day to day operations create other workloads on the Engineering Department and consist of a wide range of activities. The following are some of the miscellaneous daily activities of the Engineering Department: • Processing and administering all street cut permits for any work within street right-of-way and inspecting all construction of the work. • Administering the storm sewer utility. _ • Updating all City maps and maintaining an inventory of the City' s existing infrastructure as well as long range planning for improvements to those systems. • Reviewing and processing building permits. • Maintaining and assigning addresses to all properties in the City. • Responding to the Public or Council regarding potential problems to the streets, sidewalk or infrastructure. • Coordinating the use of all consultants for the various projects. • Administering the Municipal State Aid System and ensuring all map updates and reports are submitted in a timely fashion. -" • Property acquisition and easement negotiations for all projects, as necessary. • Preparing monthly and annual reports, budgets, 5-year equipment plans, Capital Improvement Program and monthly business updates. • Ongoing training, both in-house and external (seminars) including the review of all technical material, new products and new technology. • Continued use and implementation of the computer system and AutoCad drafting machine. • Assist all other departments in preparing graphics or drawings and responding to any requests for information. • Assisted in developing and preparing the updated Comprehensive Plan. • Regularly reviewing and providing input to the Planning Commission on plats, variances, zoning issues, conditional use permits, etc. Special Proiects/Studies In 1991, there were numerous special projects and studies either undertaken or involving the Engineering Department, as follows: • Review and input for the Environmental Assessment of the proposed McKenna Gravel Mine. • Review and input on the preliminary site plans for the new St. Francis Hospital. • In conjunction with the Planning Department, prepare a feasibility to study the area south of an area adjacent to the Shakopee Senior High School for future public facilities. • Solicited and selected a consultant to prepare the Comprehensive Sanitary Sewer Plan. Work on this plan started in October. • Assisted the Planning Department in processing two comprehensive plan revisions for the Bloomington Ferry Bridge and the Rahr Malting plant expansion. • • At the direction of the City Council, solicited proposals, and selected 2 additional consultants to provide engineering services to the City. Funding and Expenses Departmental expenses can be broken down into three categories: routine activities, funded accounts and non-funded accounts. Routine activities are incurred as a result of providing engineering services to the community over a wide range of activities as described previously. Funded accounts are these projects that are active and are funded by any other sources other than the General Fund. Non-funded projects are essentially projects that are funded by the General Fund with no other source of funding. Some projects may be non-funded during the year that preliminary expenses are incurred, but for the most part those projects will be funded in a future year and reflect an income for the year it is funded. The following summarizes funded accounts versus non-funded accounts which incurred expenses during 1991. Funded Accounts Non-Funded Accounts 500 Other Improvements 534 Sidewalk Construction (Private Subdivisions) 521 Upper Valley Drainage 552 169 Bridge Junction 572 5th Avenue 577 Lewis Street 578 Vierling Drive Watermain 579 Adams St./4th Ave. Funded Accounts Cont. 580 Valley Ind. Blvd. North 581 Bluff Avenue 587 Tahpah Sprinklers — 583 Jackson St./Harrison St. 588 Tahpah Watermain 584 Shumway St./Scott St. 585 2nd Avenue 586 Eastside Park Building The total expenses incurred during 1991 are as follows: Routine Activities $151, 167 . 13 Funded Accounts 81, 600. 13 Non-Funded Accounts 840.73 Total Expenses $233 , 607.99 This represents a 8 .4% increase in expenses from 1990. The Engineering Department also generates income by inspection fees, permits and by the billing of time charged to funded accounts. This figure is largely dependent on the number of projects worked on that will be assessed and the amount of the assessment. If there are a lot of street reconstructions (25% assessed) versus new streets (100% assessed) , this figure will be lower. This figure does not include actual assessments collected in 1991 from past projects, but rather only current years billable time. During 1991, the total income received and billable hours to funded projects by the Engineering Department totaled $150, 140. 00 . This represents a 3 .5% decrease from 1990. By comparing this to the total departmental expenses, approximately 64% of the Engineering Department expenses were paid for by the income generated by funded projects. Attachment No. 2 is a chart summarizing departmental expenses and income from 1991 and also the period from 1987-1991. Attachment No. 3 is a bar graph showing the same information. ATTACHMENT 1 F.1-1 c0 z c0 \ T to LLI c.i °' ^ T Z w o) u) QS N °' I_ Z w "J W > W 0 O > cc . > CC cc 0 Q CL 0 d. �i cn `w} 2 2 T / J z . rt EL .... _j < CC Q LO w I— iiiiim[11. 11 C.) to 0 W .. 0 r J U CDc) cc ; CV z QN J co1.11 O i i CO N T' 0 • — r) C) C) 0% O O H H N 01 0 0 • O N O O N O d? . H ko O d' O V' a O 0% H 10 CO ID H %0 CO ON . . to 4-1 H H cn O . In CO cn to N H N H ih t? t/} tR ih 01 01 N N 0 0 In CO c!• 0% O O • • • 0 01• O CO CO 0% °\° . — to V' In N to CI N O CO N CO •Q' In N co 0% - - . . to 0% '.0 0 N to In H (N CO H In N .� H N H th th V} t!). ih ih Cl 1/40 O 0% 0 0 U) C) O 0 0 0 • • 0 H C) O I11 CO a° . OT C) N O in eM N CO Co 1- H CO 1C H IO cn 0t - . . O H C) cn M N N N 0 M M H N H ih t!} t/} t/} in- ih N — U) '.0 N M 0 0 EI C) In 01 Co O O Z • • • o W co v' CO N 0 0% a° • Z CO d' N '0 0% cn r• o x 0% O% a' H t11 to CO to U HIn SC d' r) N an H • Ei CO CO H co tO in E-4 H H ih tc4 t/)- in- in- ih ih N 0 C) N 0 0 0% O to 'V 0 0 • • . . Io 1\ CO N CO 0% N o\° CO N H 0 0% 0 CO In 01 0% CO d' r1 0% CO M 1-4 - - . . N V' (N %0 VV CO . O 01 H H CO N (-1 N •-i t/). . — t/} in- ill- (l i/} h 0 Z •• .. a CO •• 03 Cl) CO Zw cn • •• wz Z o — z 43 Z H H w z ZZ PI• H ra 0 X 0 41 04 H 7 >4 Fa W Z 0 • H w >+ a FIH • CO a — Cl) Z 4 < 0 Et 0+ Z 0 0 H — H a Z W � a o4 W 0 H H 4 F C I 4 4 U W H 0 C)a Al 0 w E- a a z k% W\ 70—) w0) gW CC 0 U \A \x%vi ..\\\ \\\ CJ) E a. z o - LLI 0 ( 3 i \%w x (7, = o w _ 0 (/) Zu-i w � cf) k % \ \\ ocg z wW 9 F2 i in ci. •c ) - Z 2 c7cc \Wc%) . \ or w .c_ ' cm #36 MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner L6 RE: Request by Metropolitan Council for More Information Proposed Metropolitan Urban Service Area (MUSA) Expansion St. Francis Regional Medial Center DATE: March 6, 1992 NON-AGENDA INFORMATION ITEM: The Metropolitan Council staff has completed their initial ten day review of the proposed Comprehensive Plan Amendment for MUSA expansion for St. Francis Regional Medical Center. They have requested additional information to be submitted prior to further review. Staff is waiting for information from MnDOT and will place the completed re-submittal on the City Council table at Tuesday night's meeting. Attached is a copy of the letter from Mary Anderson, Chair of the Metropolitan Council, addressing the requested information items. IAA AA AdA METROPOLITAN COUNCIL Mears Park Centre, 230 Easr Fifth Street, St. Paul, MN. 55101 612 291-6359 • February 24, 1992 Mr. Lindberg S. Ekola City of Shakopee 129 First Avenue East Shakopee MN 55379 RE: City of Shakopee Comprehensive Plan Amendment 70 Acre MUSA Expansion--St. Francis Hospital Metropolitan Council District 14 Metropolitan Council Referral File No. 14159-7 Dear Mr. Ekola: The Metropolitan Council staff has reviewed the city of Shakopee's comprehensive plan amendment received by the Council on February 13, 1992. We have determined that the proposed amendment is incomplete for Council review. The plan amendment needs to address the following questions: 1) How will the construction schedule for the medical facility be coordinated with the Shakopee bypass? 2) What is the number of peak hour trips generated as the project progresses in five year increments? 3) Can the CR 17/TH 101 bypass interchange accommodate these trips? The plan amendment also needs to address the city's specific plans and timetable for handling stormwater runoff. The Council requests that the city provide the above information so that the Council can determine the potential impact of this plan amendment upon the metropolitan • transportation system and regional water quality. The Council cannot act on the proposed amendment until it receives the needed information, and - the review period for the plan amendment will not begin until the requested information has been supplied. If you have any questions, contact Richard Thompson, principal reviewer, at 291-6457. 7/71FS' rely, a neetael Mary E.% . derson Chair MEA:rt cc: Bonnie Featherstone, Metropolitan Council District 14 Lynda Voge, Metropolitan Council Staff Richard Thompson, Metropolitan Council Staff * 31 • MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on February 3 , 1992 at 4 : 30 P.M. in the Utilities meeting room. MEMBERS PRESENT : Commissioners Cook, Kirchmeier and O'Toole . Also Manager Van Hout , Liaison Sweeney and Secretary Menden . Motion by Kirchmeier, seconded by O' Toole that the minutes of the regular meeting of January 6, 1992 and the special meeting of January 29 , 1992 be approved as kept . Motion carried. BILLS READ: City of Shakopee 20 ,032 . 00 ARA/Cory Services 78 . 00 American Casting and Mfg. Corp. 606 . 58 Auto Central Supply 107 . 33 Battery and Tire Warehouse 29. 68 R.W.Beck and Associates 5,034. 39 Border States Electric Supply 9,431 . 00 Burmeister Electric Company 732 . 36 C .H. Carpenter Lumber Co. 39 . 55 City of Shakopee 875 . 72 City of Shakopee 941 . 95 City of Shakopee 329 . 52 Cooperative Power 45 , 339 . 36 Cy ' s Amoco and Tire Center 347 . 00 Demi-Con Landfill , Inc . 21 . 00 Ditch Witch of Minn. , Inc . 251 . 41 Dressen Oil Company 52 . 00 Feed-Rite Controls , Inc . 1 ,797 . 54 Fresco 247 . 26 Glenwood Inglewood 25 . 40 General Office Products Co. 379 . 28 Gopher State One Call , Inc . 121 . 00 Graybar Electric Supply, Inc . 5 ,737 . 52 • Hennen' s ICO 19 . 00 HDR 3,373 . 54 Hance Cable Testing and Locating 269 . 60 LaMotte Company 119 . 44 Leef Bros . , Inc . 22. 70 Ray LeMeiux 84 . 00 Minnesota Valley Gas Co. 8. 25 Minnesota Dept . of Natural Resources 3 ,294 . 00 Minnesota ' s Bookstore 16 . 90 Minnesota Valley Electric Coop. 713 . 00 Minnesota Valley Testing Laboratories , Inc . 70 .00 Motor Parts Service Co . , Inc . 181 . 91 Northern States Power Co. 360 ,763 .87 Northern States Power Co. 829 .88 Northern States Power Co. 332 . 32 Precision Metal Fabricators 750 Reynolds Welding Supply co. 4 . 34 Road Machinery and Supplies Co. 240 . 35 Schilz Ornamental Iron 25 . 00 Scott County Sheriff Communications 663 . 30 Shakopee Public Utilities Commission 90. 26 Simon-Midwest 130 . 00 Southwest Suburban Publishing 134 . 87 Starks Cleaning Services , Inc . 68 . 00 Dean Struck 108 . 48 Transport White GMC, Inc . 45 . 00 Lou Van Hout 59 . 16 Voss Lighting 605 . 34 Westinghouse Electric Supply Co . 6,266 . 70 Wild Iris, Inc . 36 . 00 Woodhill Business Products 2, 392 . 94' Yarusso' s Hardware Co . 112 . 57 Motion by O'Toole, seconded by Kirchmeier that the bills be allowed and ordered paid. Motion carried. A communication from Northern States Power Co. regarding a postponement on their next request for a wholesale rate increase was acknowledged. The new liaison , Mr. Robert Sweeney was introduced to the Commission . Liaison Sweeney advised the Commission of the possibility of requests for watermain in the near future for the new Hospital site. Dave Hutton, City Engineer was present for the discussion on the development of the Bergquist property in Valley Industrial Park. The Requirements for watermain extensions were discussed. Kevin Favero, R.W. Beck and Associates, was present to review the draft for the long term electric study. • A letter of agreement on the joint use line that is proposed to be constructed by Minnesota Valley Electric Cooperative on Co. Rd. 42 was given to the Commission. A formal agreement will be drawn up. The filing that the attorney has made with Minnesota Public Utilities Commission to finalize the transfer of the option area to Minnesota Valley Cooperative was reported by Manager Van Hout . Motion by Kirchmeier, seconded by Cook that the Shakopee Public Utilities Commission approve the joint petition of the Minnesota Valley Electric Cooperative and the City of Shakopee signed by Andy Shea as attorney for the Shakopee Public Utilities on January 22 , 1992 . A policy on Sexual Harrassment was given to the Commission by Commissioner Kirchmeier for their perusal . Manager Van Hout advised the Commission that Marvin Athmann participated in career day at the Shakopee Junior High School . A request has been made to our engineer from the Contractor for a time extension on the downtown electric relocation. There were no new plats reported for January, 1992 . There were two fire calls for January, 1992 for one hour labor. Motion by Kirchmeier, seconded by O'Toole that the meeting be adjourned . Motion carried. Barbara Menden: Commission Secretary MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in special session on February 5, 1992 in the Utilities meeting room. MEMBERS PRESENT: Commissioners Kirchmeier, O'Toole and Cook. Also Liaison Sweeney, Manager Van Hout , Secretary Menden and Superintendent Friedges . Motion by Kirchmeier, seconded by O'Toole to adjourn to executive session for the purpose of wage negotiations . Motion carried. Motion by O'Toole, seconded by Kirchmeier to adjourn from executive session. The next regular meeting of the Shakopee Public Utilities Commission will be held on March 2, 1992 at 4 : 30 P.M. in the Utilities meeting room. Motion by Kirchmeier, seconded by O'Toole that the meeting be adjourned . Motion carried. ---- tf-k. .\L iD CO( Nr- a ij . '' ') /-1,Ljz-pm Commission Secref y: Barbara Menden MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Alley Garbage Pickup DATE: March 5, 1992 NON-AGENDA INFORMATIONAL ITEM FOR COUNCIL: Due to the extremely deteriorating condition of the gravel alleys in Shakopee, staff has instructed Waste Management to stop picking up garbage in the alleys for the period from March 22 through May 2 . Attached is a notice that will be sent to all residents with alley pick up. This notice will go out for the next two weeks. =r CD IR_7PANT NOT I C E Shakopee Residents: Due to the extremely soft conditions of the alleys, the City has instructed the garbage contractor (Waste Management) to stop picking up the garbage in the alleys. EFFECTIVE MARCH 22, 1992 AND CONTINUING THROUGH MAY 2, 1992, ALL GARBAGE, RECYCLABLES AND YARD WASTE SHOULD BE PLACED AT YOUR FRONT CURB FOR PICK-UP. Because the majority of alleys are gravel and because of the route scheduling, this change applies to all alleys, including the paved alleys. Thank you for your cooperation. Please call the Public Works Department at 445-2211 if you have any questions. vi- 3 CITY OF SHAKOPEE r•-•liv.,: ,-- O EE .. u INCORPORATED 1870 14 ,, 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379-1376 (612)445-3650 «TKOI ,�„ March 6, 1992 TO: Property Owners along Maras Street RE: Maras Street Dear Property Owner: The City of Shakopee is of the understanding that the property owners along Maras Street would like to have this street become a City street rather than a private road. In that regard, the Engineering Department has scheduled an informational meeting for March 25, 1992 at 6: 00 P.M. to discuss the procedures for accomplishing this. As an adjacent property owner, your property may or may not be affected by this proposal and therefore you are encouraged to attend this informational meeting. This is not a public hearing. If you are unable to attend this meeting, please do not hesitate to contact the Engineering Department for additional information. Thank You. Sincerely, _74L7 4• -AW David E. Hutton, P.E. Public Works Director DH/pmp The Heart Of Progress Valley AN EQUAL OPPORTUNITY EMPLOYER TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 10, 1992 Acting Mayor Gloria Vierling 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 !] 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 February 4th and 18th, 1992 10] Communications: 11] Public Hearings: a] 7 : 30 P.M. Hearing - Proposed Vacation of Drainage and Utility Easement Within Lot 1, Block 3 , Evergreen First Addition, Resolution No. 3555 b] 7: 30 P.M. Hearing - Proposed Improvements to Vierling Drive Between CR-79 and CR-17 by Street, Curb & Gutter, and Storm Sewer, Project No. 1992-3 [BRING FEASIBILITY REPORT] 12] Boards and Commissions: Community Development Commission: *a] One Year and Five Year Work Plans Energy and Transportation Committee: b] Local Recycling Development Grant Funds *c] Van Pool Provider Selection *d] Dial-A-Ride Minimum Ridership Age - Policy #23 TENTATIVE AGENDA March 10, 1992 Page -2- 13 ] Reports from Staff: a] Vacant Police Sergeancy - tabled 2/18/92 *b] Valley Park 10th - Time Extension on Preliminary Plat c] Hire Consultant to Prepare Environmental Assessment Worksheet for Shiely Mine Expansion d] Railroad Crossings *e] Sewer Jetter Truck Purchase f] New Loader - Authorize Ad For Bids *g] Mileage Reimbursement *h] Approve Bills in the Amount of $215, 410. 63 *i] Criminal History Information Access Agreement j ] Comprehensive Sanitary Sewer Plan *k] Software Maintenance Agreement *1] Sale of Old Pagers *m] Removal of "Acting" from the Deputy Police Chief Title 14] Resolutions and Ordinances: a] Res. No. 3558 - Declaring Adequacy of Petition, Receiving Report, Ordering Improvement, Ordering Plans & Specs for 12th Avenue Sewer and Watermain, Project No. 1992-4 *b] Res. No. 3553 - Appointing Election Judges for Presidential Primary, April 7th *c] Res. No. 3554 - Establishing Procedures Relating To Compliance With Reimbursement Bond Regulations Under The Internal Revenue Code *d] Ord. No. 332 - Changing License Period for Set-Up Licenses 15] Other Business: a] b] c] d] 16] Recess to an Executive Session to discuss litigation 17] Re-convene 18] Adjourn to Tuesday, March 17, 1992 , at 7: 00 p.m. Dennis R. Kraft City Administrator TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Meeting March 10, 1992 1. Roll Call at 7 : 00 P.M. 2 . Approval of the February 4 , 1992 Meeting Minutes 3 . Rehab Grant Program Amendments 4 . Other Business a) Brambilla TIF Request b) 5 . Adjourn Dennis R. Kraft Executive Director OFFICIAL PROCEEDINGS OF HOUSING AND REDEVELOPMENT Regular Session Shakopee, MN February 4 , 1992 Commissioner Sweeney called the meeting to order at 7: 01 p.m. with Comm. Beard, Lynch and Laurent present. Commissioner Vierling was absent. Also present were Dennis Kraft, City Administrator; Barry Stock, Asst. City Administrator; Dave Hutton, City Engineer; Lindberg Ekola, City Planner; Karen Marty, City Attorney; and Judith S. Cox, City Clerk. Lynch\Laurent moved to approve the minutes of January 7, 1992 . Motion carried unanimously. Barry Stock explained that the Rehab Grant Program Amendments would be put on the next HRA agenda. There was no other business. Meeting was recessed to an Executive Session following the City Council meeting to discuss offers to purchase property. Chairman Sweeney re-convened the meeting at 10: 07 P.M. and stated that no action took place during the executive session. Laurent\Beard moved to accept Mr. Rutt's offer in the amount of $72, 500 for 2 . 98 acres with the City responsible for all pending assessments and to reject Mr. Brown and Mr. Klein's offer with the seller acknowledging existence of the construction debris and the buyer purchasing the property in an "as is" condition. (The property to be sold is adjacent to the 5th Ave. \Market St. Project Area. ) Motion carried unanimously. Lynch\Laurent moved to adjourn. Motion carried unanimously. Meeting adjourned at 10: 08 P.M. Dennis Kraft Executive Director Carol Schultz Recording Secretary -43 MEMO TO: Dennis R. Kraft, HRA Executive Director FROM: Barry A. Stock, Assistant City Administrator RE: Rehab Grant Program Amendments DATE: March 2 , 1992 INTRODUCTION: On January 7, 1992 the Shakopee HRA reviewed a proposed amendment to the Rehab Grant Program that was specifically related to eligible exterior building improvements. At that time, the HRA directed staff to further refine the language within the program to clarify the issue of eligible program costs. BACKGROUND: Several months ago, the issue of what constituted an eligible program cost arose in conjunction with an application. At the time, the Rehab Grant Program guidelines specifically allowed improvements to a building' s roof and windows. It was the consensus of the HRA that normal and customary maintenance items should not be eligible for program financing unless they restore the historic integrity of the structure. In that vein, staff has attempted to draft a policy that will provide us with direction in determining eligible program expenses. Attached is a memorandum from Karen Marty, City Attorney. Ms. Marty has developed a draft amendment that we believe meets with the intentions expressed by the HRA regarding this issue. Staff would like to request that the HRA review the proposed Rehab Grant Program amendment and direct staff accordingly. ALTERNATIVES: 1. Amend the Rehab Grant Program Guidelines as proposed in the memorandum from Karen Marty dated March 2 , 1992 . 2 . Do not amend the Rehab Grant Program Guidelines. 3 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: Amend the Rehab Grant Program Guidelines as proposed in the memorandum from Karen Marty dated March 2 , 1992 . MEMORANDUM TO: Barry Stock, Assistant City Administrator FROM: Karen Marty, City Attorney DATE: March 2 , 1992 RE: HRA Rehab Grant Program Amendment The HRA has asked staff to revise the draft amendment to the Rehabilitation Grant Program Guidelines to delete payment for maintenance items such as roof and windows. At the same time, they asked that the language be tightened to encourage historic preservation and restoration, but also to allow esthetic improvements that do not further destroy or detract from the historic significance, and that do preserve the integrity of the downtown. I have prepared a draft of language to do this, and would appreciate your review and comments. 2 . Eligible improvements shall include only those relating to the exterior portion of a commercial building, and which constitute historic preservation or restoration. Other exterior repairs and improvements shall be eligible only if they (1) substantially improve the esthetic quality of the building and that block of downtown, and (2) do not further destroy or detract from the historical integrity and character of the building. (Including repairs to the building' s facade, signage and canopies. ) All work must meet City Code. Signed Karen Marty, City Attorney KEM:bjm [3MEMO] law offices ti LI a . Phillip R.Krass"; A (�(� James B.Croft I..Monnx' U\U Orlin D.Te Slaa Kim K.\lever E, Patricia A.Weller \lark J.Moxnessx MON RAE Kathryn F:.Kclby Timot Murray R.Klane hy F.Moynihan chartered RandN B.Evans .cx'nlrled CRIT Thal SiMYlallS1 $\lul Admitted in Nikrm.in x Aho;Antony'in California -\lul\dmitted in South Dak+ea February 28, 1992 VIA FACSIMILE 445-6718 Mr. Barry Stock CITY OF SHAKOPEE 129 East First Avenue Shakopee, MN 55379 Re: Potential Brambilla Tax Increment Our File No. 1923-7 • Dear Mr. Stock: You probably recall that during the conversations we had with the City Council and staff relative to the possibility of the Brambillas relocating their business to the south side of Highway 101, which move would have required a text amendment to the Shakopee zoning ordinance, we were asked whether or not we had considered the property to the east of Valley Fair. That property is zoned appropriately for the Brambilla business and would not have required any city action from a standpoint of zoning. We informed the Council that we had most definitely looked into that property but that the cost was absolutely prohibitive and could never work for the Brambillas . Somewhere along the line a suggestion was made that we consider requesting the City' s assistance from a standpoint of tax increment financing to buy down the cost of the property east of Valley Fair to a figure that would work for the Brambilla operation. We have been in recent contact with representatives of the owners of that property and they have expressed some flexibility in the pricing previously suggested for that property to a point where I think it may well be worthwhile for the parties in question to consider a tax increment option. I have discussed this matter briefly with Dennis Kraft and have had several discussions with you and would like to take this opportunity to formally request the City' s consideration of such a project. Needless to say, if your staff gets a reading from the council/HRA that they are not really interested in such a project, we would appreciate you letting us know immediately and we ' ll Southpoint Center.Suite 1100. 1650 West 82nd Street.Bloomington,Minnesota 55431-1447 Telephone:(612)885-5999 FAX(612)885-5969 Mr. Barry Steck February 28, 1992 Page -2- continue to work on a facility elsewhere for the Brambillas . It has always been their desire to remain in Shakopee and to keep their business in Shakopee and if that is a possibility, they definitely wish to explore it. Would it be possible to have you set up a meeting with appropriate City staff and consultants to take a serious look at the feasibility of such a project? Do you need more from us than this request? I will await your advice. Very truly yours, ? 7TERED - ..101111 Phillip R. rass Attorney at Law PRK/bmp cc: Tom Lyons Jack Brambilla \LIT\COR\STOCK.PRK/bmp OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 4, 1992 Mayor Laurent called the meeting to order at 7: 00 p.m. with Cncl. Beard, Lynch, and Sweeney present. Cncl.• Vierling was absent. Also present were Dennis Kraft, City Administrator; Dave Hutton, City Engineer; Lindberg Ekola, City Planner; Barry Stock, Asst. City Administrator; Karen Marty, City Attorney; and Judith S. Cox, City Clerk. Sweeney/Lynch moved to approve the agenda. Motion carried unanimously. Mayor Laurent called a recess for the Housing and Redevelopment Authority meeting at 7: 01 p.m. Mayor Laurent reconvened City Council at 7 : 05 p.m. Liaison reports were given by Councilmembers. Mayor Laurent gave the Mayor's report. Mayor Laurent asked if there was anyone from the audience who wished to address anything not on the agenda. There was no response. The following items were removed from consent business: 13k - Sand Creek Water Management Organization The following items were added to the consent business: 14d - Resolution 3537 15a - Appointment of Building Official. Beard/Sweeney moved to approve the consent business. Motion carried unanimously. Beard/Sweeney approved the minutes of January 21, 1992 and January 28, 1992 . (Motion carried under consent business) . Mayor Laurent opened the public hearing on proposed assessments for 6th Avenue Street Light. Dave Hutton said the project has been completed, it was a project that was requested by the residents of that area. The cost estimate per lot was $45. 19. There were no comments from the audience. Mayor Laurent closed the public hearing. Beard/Lynch offered 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 moved for its adoption. Motion carried unanimously. Official Proccedings of the February 4, 1992 Shakopee City Council Page -2- • Beard/Sweeney moved to terminate the Dial-A-Ride circulator route service to the Southwest Metro service area effective March 31, 1992 . (Motion approved under consent business) . Beard/Sweeney moved 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. (Motion approved under consent business) . Sweeney/Beard moved to removed the police sergeancy vacancy from the table. Motion carried unanimously. Sweeney/Lynch moved to table the police sergeancy vacancy to February 18, 1992 . Motion carried unanimously. Beard/Sweeney moved to direct the appropriate City officials to execute 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. (Motion approved under consent business) . Beard/Sweeney moved 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. (Motion approved under consent business) . Sweeney/Lynch moved to direct staff to prepare, with input from the departments, comments on the minimum and optimum number of vehicles for the City fleet. Motion carried unanimously. Beard/Sweeney moved to authorize the purchase of 33 , 000 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. (Motion approved under consent business) . Beard/Sweeney moved to 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. (Motion approved under consent business) . Beard/Sweeney moved to transfer the remaining balance of approximately $239 . 376 from the 80A debt service fund to the Capital Improvement Fund to close out the former. (Motion approved under consent business) . Beard/Sweeney moved to transfer from the MEBCO Capital Projects Fund to the Debt Service Fund 1986B TIF, $35, 000. 00 from yearly Official Proccedings of the February 4, 1992 Shakopee City Council Page -3- collections (balance on hand) to partially reimburse the advance from the Motel TIF bonds. (Motion approved under consent business) . Beard/Sweeney moved to transfer from the Capital Equipment Fund to the General Fund $124, 176. 52 for the purchase of equipment. (Motion approved under consent business) . Beard/Sweeney moved to 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 (Motion approved under consent business) . Beard/Sweeney moved to transfer from the 1989 Capital Projects Fund to the General Fund $2 , 000. 00 for the forfeited retainage for tree planting on the Third Avenue (Motion approved under consent business) . Beard/Sweeney moved to 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. (Motion approved under consent business) . Beard/Sweeney moved to 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. (Motion approved under consent business) . Gregg Voxland reviewed the status of the uniform provision to the Police Chief and the Deputy Police Chief. As of now there is no provision set for their uniform allowance. Sweeney/Lynch moved to set a annual uniform allowance in the same amount as that bargained for by the uniformed unit for the Police Chief and Deputy Chief. Motion carried unanimously. Beard/Sweeney moved to approve the bills in the amount of $160, 943 . 31. (Motion approved under consent business) . Beard/Sweeney moved to approve the application and grant a temporary liquor license to the Church of St. Mark, 333 West 3rd Avenue, for February 28, 1992 . (Motion approved under consent business) . Official Proccedings of the February 4, 1992 Shakopee City Council Page -4- Mayor Laurent opened the public - hearing on the proposed improvements for an unnamed street from Valley Park Drive East to Bergquist Property in the Industrial Park, Project No. 1992-1. Dave Hutton explained that Bergquist Co. has petitioned the City to serve their property with water service, roadway and sewer service. Total cost estimate for the project is approximately $200, 000. 00 which will be assessed to Bergquist and the vacant property on the south. There would be no assessments to Conklin. The developer to the South would like their assessment deferred. Mayor Laurent asked if there was anyone from the audience who wished to address this item. Duane Dungey, Bergquist Company, 5300 Edina Industrial Blvd. said he is requesting that the City table this item until they see the outcome of the Shiely expansion. Cncl. Beard asked what the plans were for this project. Mr. Dungey stated that Bergquist Co. would ultimately like to move their offices and light manufacturing facility to Shakopee. He said they will oppose the Shiely Project. There being no other comments from the audience, Mayor Laurent closed the public hearing at 8: 00 p.m. Sweeney/Lynch moved to table 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. Motion carried unanimously. Beard/Sweeney directed staff to prepare a design study on a transportation pattern outlining alternatives, recommended course of action, timing and possible costs. Motion carried unanimously. Mr. Rod Krass, Attorney for Mr. Link and Mr. Houser, was present and asked Council to make a decision that the property owned by his clients was a buildable lot. The property is located West of CR-83 and NE of Canterbury Racetrack, part of Lot 1, Block 1, Behringer's First Addition. He explained that it was platted in 1987, but that a mortgage was placed against part of Lot 1 in 1980 so that when the City accepted the plat the mortgage deed to the bank had been filed and the subdivision had already been made. He explained that the mortgage was foreclosed and that his clients have purchased the property owned by the bank, the Easterly 3/4ths of Lot 1. The Westerly 1/4th of Lot 1 is landlocked unless it is combined with another lot. Cncl. Sweeney suggested that this issue be determined by a judge as to if this is or is not a buildable lot. Mr. Krass said he has written a letter to the owner of the landlocked parcel listed on the tax roles and has not yet heard back from them. Cncl. Beard thought that this should be tabled to give the owners a chance to respond, if nothing is heard in two weeks the Council should then take a vote as to whether or not this lot is buildable. Cncl. Beard had a concern on how the City can prevent this from happening again. Official Proccedings of the February 4, 1992 Shakopee City Council Page -5- Sweeney/Beard moved to direct the City Attorney to prepare a resolution waiving the requirements of the subdivision ordinance for the East 3/4ths of Lot 1, Block 1; Behringer's First Addition to include the most restrictive description of the waiver possible. Motion carried unanimously. Dave Hutton reviewed the swimming pool repair project. The three areas covered will be replacement of pool line, replacing filter system and improve the safety of the diving wall. The plans and specs have been finished. The total estimated cost is $101, 000. 00 with a 10% contingency which brings it to $111, 000. 00. The three funding sources are general fund, capital improvement or park reserve fund. Staff recommends that it not be taken out of the Park Reserve fund at this time. Cncl. Sweeney said that since the Park Reserve fund does have an ongoing flow into it that he feels this fund would be the best. Cncl. Lynch said she felt that this would best fall under the Capital Improvement since the Park Reserve fund is normally used for the purchase of new park land. Sweeney/Beard moved to approve the plans and specs for the swimming pool repairs and authorize staff to advertise for bids on the repairs and to direct staff to utilize the Park Reserve fund to pay for this project. Motion carried with Cncl. Lynch opposed. Sweeney/Lynch moved to appoint Clancy Kaiser of Spring Lake Township to represent the City of Shakopee on the Sand Creek Water Management Organization. Motion carried with Council Sweeney opposed. Lynch/Sweeney moved to authorize the advertising for bids for the new sewer jetter. Motion carried unanimously. Beard/Sweeney moved to amend the 1992 Pay Plan by deleting the word "Acting" from the title of Deputy Police Chief. (Motion approved under consent business) . Beard/Sweeney moved 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. (Motion approved under consent business) . Beard/Sweeney offered Resolution No. 3541, A Resolution of the City of Shakopee, Minnesota, Requesting the Use of a State Owned Building for Police and Fire Training, and moved its adoption. (Motion approved under consent business) . Beard/Sweeney offered Resolution No. 3540, A Resolution of the City of Shakopee, Minnesota, Approving a Premises Permit for the Knights of Columbus Council #1685 Shakopee, and moved for its adoption. (Motion approved under consent business) . Official Proccedings of the February 4, 1992 Shakopee City Council Page -6- Beard/Sweeney offered Resolution No. 3536, A Resolution Appointing Steve Clay to the 1992 Board of Review, and moved for its adoption. (Motion approved under consent business) . Beard/Sweeney offered Resolution No. 3537 , A Resolution Receiving a Report Calling a Hearing on Improvements to Vierling Drive Between County Road 79 and County Road 17, Project No. 1992-1, and moved for its adoption. (Motion approved under consent business) . Beard/Sweeney offered 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 moved for its adoption. (Motion approved under consent business) . Sweeney/Lynch offered Resolution No. 3542 , A Resolution Authorizing the Appropriate City Officials to Enter Into Certain Contacts Without Further Council Approval, and moved its adoption. Motion carried unanimously. Mayor Laurent stated that he would abstain from any discussion on Resolution No. 3543 , Initiating Vacation of Easement in Lot 1, Block 3 , Evergreen First Addition because his company has particular interest in this parcel, he turned the meeting over to the Vice Mayor, and left the Council Chambers. Sweeney/Lynch offered Resolution No. 3543 , A Resolution Initiating the Vacation of an Easement in Lot 1, Block 3 , Evergreen First Addition, Scott County, Minnesota, and moved for its adoption. Motion carried with Mayor Laurent absent for the vote. Vice Mayor Sweeney returned the gavel to Mayor Laurent. Beard/Sweeney moved to appoint Fulton Schleisman as Building Official effective January 6, 1992 and that he be placed at the top step of the 1992 Pay Schedule. (Motion approved under consent business) . Mayor Laurent recessed the meeting at 9:26 p.m. for an Executive Session to dicsuss collective bargaining. Mayor Laurent re-convened the meeting at 9 : 59 p.m. and stated that no action was taken during the Executive Session. Sweeney/Lynch moved to adjourn to Tuesday, February 18, 1992 at 7: 00 p.m. Motion Carried Unanimously. Meeting adjourned at 9 :59 p.m. ( ‘4,0a, ei' dith S Cox C'ty Clerk Carol Schultz Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA FEBRUARY 18, 1992 Mayor Laurent called the meeting to order at 7 : 00 p.m. with Cncl. Vierling, Beard, Sweeney, and Lynch present. Also present: Dennis Kraft, City Administrator; Karen Marty, City Attorney; Judith S. Cox, City Clerk; Dave Hutton, Public Works Director; Lindberg Ekola, City Planner and Barry Stock, Assistant City Administrator. Sweeney/Beard moved to approve the agenda with additions to "other business" : 13b) League of MN Cities, 13c) Metro Municipalities Assn. 13d) MN Department of Natural Resources 13e) Contract with Boarman & Associates 13f) Executive Session on litigation and collective bargaining Motion carried unanimously Liaison reports: Cncl. Sweeney attended the County Board meeting where primary discussion was on the Boland Sewer Bill, which proposes to place the cost of sewer interceptors on the local governments. He also reported on his attendance at the Committee of the Whole, and the Shakopee Public Utilities Commission. Cncl. Vierling reported on attending the Shakopee MWCC meeting. Mayor Laurent reported on his meeting with the legislature and ribbon cutting ceremony for the St. Francis Physical Therapy Center. Mayor Laurent asked for comments from the audience 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 the Planning Commission 1991 annual report and Resolution No. 3545. Motion carried unanimously. Vierling/Lynch moved to approve the Board of Adjustment and Appeals and Planning Commission 1991 annual report with the deletion from "Submitted by: Dave Rockne" and the addition of "William Mars" . Motion carried unanimously. Sweeney/Vierling moved to withdraw the request for rezoning of the 4th Avenue/abandoned railroad area. Motion carried unanimously. Sweeney/Lynch moved to approve the preliminary Planned Unit Development for Beckrich Park Estates, subject to the following conditions: 1. A variance to the lot size requirement of 2 . 5 acres in the Rural Residential Zoning District is approved by the Shakopee City Council. Officials Proceedings of the February 18, 1992 Shakopee City Council Page -2- 2 . Submission of a sewer plan, which contains an analysis of soils and design standards for each residential site and ensures .compliance with the city code for private sewage treatment systems. 3 . Approval of the preliminary PUD is contingent upon the applicant receiving a Certificate of Exemption (Wetlands Conservation Act of 1991) or receiving approval by the city with appropriate minimization/replacement measures. 4 . A plan for the developer to meet the park dedication requirement, utilizing cash payment in lieu of land dedication, must be developed prior to the approval of the final plat. 5. A street lighting plan must be included on the final PUD. 6. Prior to approval of the final PUD, final construction plans for all public improvements must be submitted and approved by the City Engineer. 7. Execution of a developer's agreement for the construction of the required improvements: A. Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. B. Street lighting shall be installed in accordance with the requirements of the SPUC Manager. C. Storm sewer system shall be installed in accordance with the Design Criteria and Standard Specifications of the city of Shakopee. D. Local streets and street signs within the plat will be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the city of Shakopee. E. Street signs will be constructed and installed by the city of Shakopee at a cost to the developer of $250 each per sign pole. 8. The developer shall be responsible for grading of the plat as shown in the preliminary drainage plan. 9. The final PUD must show all drainage and utility easements around the lot lines. 10. County road access permits will be required from Scott County prior to the final PUD approval. 11. The streets currently named "Pondview Circle" and "Park Road" must be changed to names that are less similar to names of already existing streets within the city. Officials Proceedings of the February 18, 1992 Shakopee City Council Page -3- 12 . A fire hydrant plan must be approved by the Fire Department and the Shakopee Public Utilities Commission prior to the approval of the preliminary plat. 13 . Approval of the title opinion by the City Attorney. Motion carried unanimously Vierling/Sweeney moved to authorize the appropriate City officials to issue a family season pool pass for 1992 to Mr. Ron Gordan and waive the fee. (Motion carried unanimously under Consent Business) . Vierling/Sweeney moved to approve the applications and grant a Consumption and Display (set-up) License to the Shakopee Ballroom and Banquet Center, 2400 East Fourth Avenue, and the Fraternal Order of Eagles, 220 West Second Avenue. (Motion carried unanimously under Consent Business) . Sweeney/Vierling moved to remove from the table discussion on the Police Sergeant vacancy (tabled February 4 , 1992) . Motion carried unanimously. Sweeney/Vierling moved to table action on the Police Sergeant vacancy to March 10, 1992 . Motion carried unanimously. Vierling/Beard moved to approve the bills in the amount of $975, 797 . 61 (of this amount $720,833 . 89 is a fund transfer) . Motion carried unanimously. Mayor Laurent opened the public hearing on the proposed assessments for Jackson Street/Harrison Street improvements between 11th and 12th Avenues, Project No. 1991-2 . The Public Works Director stated the final project cost of the Jackson Street/Harrison Street improvement project between 11th and 12th Avenues is $147, 730.92 . He added that all lots are assessed equally for this project and the final assessment rate is $629 . 53 per lot. Mayor Laurent asked for comments from the audience. There was no response. Mayor Laurent read a letter dated February 18, 1992 from Lowell Dahn expressing concern over the separation of his driveway as a result of this project. The Public Works Director to check into this issue. Mayor Laurent asked for comments from the audience. There was no response. Officials Proceedings of the February 18, 1992 Shakopee City Council Page -4- Mayor Laurent closed the public hearing. Lynch/Beard offered Resolution No. 3550, A Resolution Adopting 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 unanimously. Mayor Laurent opened the public hearing on the vacation of portions of Muhlenhardt Road and proposed improvements to portions of Muhlenhardt Road between County Road 16 and County Road 18 . Cncl. Beard stepped down from the City Council, due to possible conflict of interest, and took a seat in the audience. The Public Works Director stated that the public hearing is to consider upgrading and vacating portions of Muhlenhardt Road. He gave a lengthy presentation on alternatives for various segments of road improvements and how each proposed road improvement segment is proposed to be assessed. Mayor Laurent opened the public hearing to the audience for comments and discussion. Jack Wiswall, Jr. , 8574 McGuire Court, stated that the center portion of Muhlenhardt Road (segment C) is essential in bad weather because that's then his access to his home. He added that he is extremely opposed to vacating this segment of Muhlenhardt Road and that if the vacation is being proposed in order to slow down traffic, the installation of stop signs on Horizon Drive may accomplish this, but doesn't believe vacation of this segment to be the answer. Mayor Laurent stated that the City had received various letters from residents in opposition of the proposed roadway improvement and/or road vacation and the manner of cost assessment. He referred to the letter from Ralph and Deloyce Goode dated February 13 , 1992 , whereby they changed their position from support to opposition of the vacation. He read into the record the letter from Norb and Grace Schmitt, Shakopee Services, Inc. , stating that the school buses must use the downhill route when transporting the children and any vacation would be detrimental to their services. He gave a summary of the letter received from the Fire Chief stating that vacation of segment C (middle portion of Muhlenhardt Road) would create problems for emergency vehicles. Karen Beard, 8434 Horizon Drive, stated that she would like to see the center portion of Muhlenhardt Road, known as segment C, vacated because stop signs on Horizon Drive would not help to control traffic. She suggested rather than stop signs, speed bumps should be installed. She added that the traffic moves too fast on Muhlenhardt Road and stated that if the city is to pave Muhlenhardt Officials Proceedings of the February 18, 1992 Shakopee City Council Page -5- and not vacate segment C, speed bumps should be installed and if this segment of Muhlenhardt Road is vacated, a trail could be installed for emergency use and as a walkway to the residents. Robert Wetherille, 8583 McGuire Circle, stated he is unable to get up Muhlenhardt Road (going to the south) during the middle of a snow storm. He questioned the cost of a trail and if a trail were created, would it be plowed. He is opposed to the vacation of segment C due to safety reasons. The City Engineer stated that the City would have to plow the trails. Norbert Schmitt stated his opposition to the closing of the center segment of Muhlenhardt Road because the buses cannot go up the hill to the south. They run the buses down the hill (north) for safety purposes. He doesn't like cul-de-sacs because the buses cannot turn around in them without difficulty. Ralph Goode, 9132 Upton Avenue South, Bloomington, questioned the maintenance costs. He needs a south access to County Road 18 or they cannot get into their property, which eliminates the proposed southerly cul-de-sac as an option for them. They do not object to running Muhlenhardt Road through with a lesser degree turn unto County Road 18 . He suggested Scott County place a left-hand turn lane going north on County Road 18 at the Muhlenhardt intersection. He also suggested the city request that the county pay a portion of this improvement. He added they purchased their property with a front roadway and would like to continue to have access to a front roadway. Steve Muhlenhardt, 7556 Eagle Creek Blvd. , stated the access from Muhlenhardt Road to County Road 18 can help Mr. Goode' s proposed development and not necessarily hinder it. He stated a southerly cul-de-sac does him no good. He stated it doesn't make any difference to his property if the center segment of Muhlenhardt Road is closed and suggests a barricade be placed on the southerly portion of Muhlenhardt Road until further development. He voiced his concern that the County Road 18 bridge project may make a difference to the road designs in the area of Muhlenhardt Road. He is opposed to the entire project at this time. DeLoyce Goode stated they are not currently planning on developing. They have no immediate plans for their property, but would like to see something in this area in the future for their children. Jeanette Vix, 8575 McGuire Circle, stated that the buses cannot make it up Muhlenhardt Road (headed south) . The buses have tried on several occasions and can't do it. She suggested all Councilmembers drive Muhlenhardt Road in order to fully understand the grade level of this road. She would like to see the road Officials Proceedings of the February 18, 1992 Shakopee City Council Page -6- improved and doesn't want the center segment (C) vacated. She added the residents often use Muhlenhardt Road to go south to County Road 42 . She stated that the speed limit signs have helped to some extent. Douglas Theis, 2134 Muhlenhardt Road, questioned if the County Road 18 project would relate to anything being done on Muhlenhardt Road. The City Eng. responded that the County Road 18 bridge project would not have any effect on this proposed project. Mr. Theis then questioned why the residents in Horizon Heights are not being assessed. Joan Wiswall, 8574 McGuire Court, stated she often goes south from Riverview Estates, so uses Muhlenhardt Road. She added that she doesn't like the left-hand turn she has to make when going north off of County Road 18 unto Muhlenhardt Road. She also suggested the use of speed bumps and stop signs be placed at Muhlenhardt and Horizon. Terry Kanitz, 8563 McGuire Circle, stated he is in favor of the road going through, but is not in favor of the proposed assessments. He stated Muhlenhardt Road is a non-collector for Horizon Estates and Riverview Estates and many people use Muhlenhardt Road as a short-cut south to County Road 42 . He stated speed is a concern on Muhlenhardt Road. Ladonna Cleveland, 8624 McGuire Court, stated she doesn't want to see any segment of Muhlenhardt Road vacated, and added she very rarely goes north on Muhlenhardt Road. She stated that when they were looking to purchase property, this area was researched and prior to purchasing, was told by the City Engineer (who gave her the plat map) that there would be no assessments for this area in the next 15 - 20 years. She added she felt the improvement costs should also be spread to other residents in the area. Tony Newman, 2340 Horizon Circle, voiced his anger because he did not receive the same information that the rest of the residents received, he only learned about this two weeks ago. He stated he is being assessed just like the rest, but has not received the complete information given to all others. He has heard proposals to blacktop the road, the drainage problem spoken of hasn't been resolved, but believes the flow of water will be increased creating another problem at the bottom of the hill. Hearing complaints about can't get up the hill, he feels if the road is blacktopped and the City is doing their job, people will be able to get up the hill. He wants the project held off at this time. He would like to know how the assessments are being spread out. He also doesn't believe you could have a speed problem since the grade level should slow the speed down. He added he would like segment C vacated (center section of Muhlenhardt Road) . • Officials Proceedings of the February 18, 1992 Shakopee City Council Page -7- Charlotte Post, 8579 McGuire Circle, stated she was told by the county that they would not be assessed for any improvement. She questioned who created the dangerous intersection at the southerly portion of Muhlenhardt Road connecting with County Road 18 . She stated she had been informed that if they agreed to the paving of McGuire Circle, she would not have to pay for any paving of Muhlenhardt Road, especially since she doesn't live on Muhlenhardt Road. She stated safety is an issue especially for the buses that cannot go south on Muhlenhardt Road. She added that most of her travels take her south on Muhlenhardt through segment C. She questioned why stop signs have not been placed on the Horizon and Muhlenhardt intersection. She doesn't like the aspect of a trail system. She added that the city of Savage is the responsible entity for emergencies in their area, and, in an emergency, these vehicles would come from the south on Muhlenhardt Road. She questioned why they were getting assessed, but residents in Horizon Heights were not. She concluded by stating that she doesn't want any portion of Muhlenhardt vacated and doesn't want to be assessed. John Mikkonen, 8673 McGuire Court, stated he is in favor of a 28 foot wide road and wants a functional road. They look at Muhlenhardt Road as a city road and it should be treated the same as other city roads. Michael Tappe, 8414 Horizon Drive, stated he would like to see segment C (center section of Muhlenhardt Road) vacated. He doesn't personally travel this road, but doesn't like the current setup. He stated there is a traffic problem and some day a child will get hit. He suggested a 4-way stop sign and perhaps some speed bumps at the Horizon and Muhlenhardt intersection. He said the first issue should be one of safety. He added there should be more cost- sharing by the city. Tom Broderson, 2325 Horizon Circle South, is in favor of vacating the middle section of Muhlenhardt Road. He added that by vacating this segment, it would provide some type of play area. The traffic on Muhlenhardt Road, although posted for 30 mph, is faster than 30 mph. He has called the Police Department regarding this issue and was informed that the speed limit is 55 mph, indicating to him that they won't control the speed of traffic in this area. He said there is a definite safety issue and that a grade of 11 - 15 percent, as is indicative of Muhlenhardt Road, is a horrible engineering design. He added this road doesn't get plowed and that is why people can't make it up the hill. He added that if this road were blacktopped and plowed, people should then be able to utilize this road. Nancy Wetherille, 8583 McGuire Circle, is not in favor of vacating the center section of Muhlenhardt Road (segment C) . She added that even if it were plowed, the sun would not melt the rest of the snow Officials Proceedings of the February 18, 1992 Shakopee City Council Page -8- and ice so you still couldn't use the hill and, therefore, a southerly access is still needed. Dave Hauger, 2380 Horizon Circle, questioned why the City is trying to initiate this project. He has not ever seen any city employee out at Muhlenhardt Road maintaining the road, and added that this road is no benefit to the city of Shakopee, so just leave the road alone, only maintain it better. He added this is a beautiful country area so leave the road as gravel. Tommy Johnson, 8621 McGuire Circle, stated the City should consider the safety issue. He stated the road should be left as it is, not vacate any area of it, and leave the road alone. Wayne Cronkite, 8560 Muhlenhardt Road, has property located on the intersection in question. He said this road is a bad design with safety problems and regardless of what is done with the road, it doesn't warrant the expense involved. Dennis Banks, 8394 Horizon Drive, stated he doesn't care what happens to Muhlenhardt Road because he doesn't use it. He stated that if residents don't use this road, they should not be assessed. Jim Rognlie, 2360 Muhlenhardt Road, stated his main concern is with safety. He suggested putting a new design to County Road 18 and leaving Muhlenhardt Road alone. He suggested that the city pay the cost to blacktop if they feel so strongly about improving this road. The blacktop cost would pay itself back with reduced maintenance costs. Chuck Bicking, 2350 Muhlenhardt Road, stated his driveway goes out to Muhlenhardt Road. He stated that the speed is in excess of 40 mph and is very concerned with safety. He added he wants to limit the access from County Road 18 but if a new access is created to County Road 18, there should be a left-hand turn lane installed going north on County Road 18. He suggested that if it's maintenance the City is concerned with, the city should be paying for the improvement cost. Bruce Brown, 8730 McGuire Circle, stated the City should pay for the cost of this improvement since they are the ones recommending the improvement. Peggy Hanninen, 2263 Horizon Circle, stated she has never seen the City put any fresh gravel on this road and is against the entire project. Doug Theis stated he has seen gravel being placed and knows that grading has occurred. He added the maintenance costs are being spent, but the gravel is washed away. Officials Proceedings of the February 18, 1992 Shakopee City Council Page -9- The City Engineer stated that speed bumps will not be installed on city streets and stop signs need to be petitioned for. He stated that speed and traffic was not the reason for this proposed improvement. The City Engineer added that the assessment policy is 100 percent for gravel roads. He added that by paving segment A and B it would provide a benefit to the residents in Riverview Estates and those abutting the southerly section of Muhlenhardt Road. He added that a different access (known as a "dog leg") to County Road 18 could be paid for through the Letter of Credit from the developer of Horizon Heights as provided in the Developer's Agreement, which is on file. He suggested the City Council check into all the funding options available for improvements to Muhlenhardt Road; this improvement may fall under state aid funds. Discussion continued on how assessments are calculated and how best to assess for this type of road improvement. Mayor Laurent asked for further comments from the audience. Jack Wiswall, Jr. , 8574 McGuire Court, questioned the concept of state aid funding and wants information on a benefit appraisal. He stated the assessment cost would not add to the resale of his property. Steve Muhlenhardt, 7556 Eagle Creek Blvd. , stated he is paying for the "dog leg" to County Road 18 so everyone will be happy. He questioned if he would gain more accesses from Muhlenhardt Road. He added the "dog leg" to County Road 18 would decrease the size of the lots abutting this portion of the proposed roadway. He questioned why the city accepted a road that did not meet specifications. He suggested leaving the road alone and doing nothing with this area, including the "dog leg" to County Road 18. Chuck Bicking, 2350 Muhlenhardt Road, stated that the benefit for the City would reduce its expense. Therefore, the city should be paying for these improvement costs. Tony Newman, 2340 Horizon Circle, stated he is already paying for a water drainage assessment and the city should pay for the road improvements. Ralph Goode, 9132 Upton Avenue South, Bloomington, stated there would need to be a variance on the corner lot of Muhlenhardt Road and County Road 18 if the "dog leg" was installed. Since Mr. Muhlenhardt is paying for the "dog leg" , if the city denies a lot size variance, it would be a gross injustice. He stated that if Muhlenhardt Road is made into a cul-de-sac at the south end, his property will be devalued. He favors the do nothing approach and wants his own access to County Road 18 . He stated he will not give up the right to County Road 18 . He added that if there are Officials Proceedings of the February 18, 1992 Shakopee City Council Page -10- improvements, the entire Muhlenhardt Road be improved with the "dog leg" to County Road 18 . Gretchen Haugen, 2113 Muhlenhardt Road, stated the hill is terrible and should be resolved. She suggested a policy needs to be established for assessments for this type of improvement but believes the area residents should not be assessed. Dennis Vix, 8575 McGuire Circle, wants direction as to the Council intent before he leaves the meeting. Charlotte Post, 8579 McGuire Circle, questioned the upgrading of the entire road with the "dog leg" included and questioned how the proposed assessments are established. She said more property owners should be assessed. Steve Muhlenhardt, 7556 Eagle Creek Blvd. , stated he doesn't believe he should be assessed any more than he already is being assessed. Ladonna Cleveland, 8624 McGuire Court, said the assessment should be divided better. Bonnie Sharp, 2310 Horizon Circle, stated if County Road 42 is upgraded to four lanes, this will increase the traffic on Muhlenhardt Road. Tom Broderson, 2325 Horizon Circle, stated that if the City wants to keep the costs down, improvement of the entire road will not accomplish this. Mayor Laurent asked for further comments from the audience. There was no response. Mayor Laurent closed the public hearing. Sweeney/Vierling moved to direct staff to meet with Steve Muhlenhardt to determine the lay-out on the ground of the "dog leg" to County Road 18, as shown on the drawings, construct the "dog leg" in gravel, and do nothing else. Motion carried unanimously. The City Council recessed at 10: 20 p.m. The City Council reconvened at 10: 35 p.m. Sweeney/Vierling moved to direct staff to take the steps necessary to vacate the present connection of Muhlenhardt Road from the "dog leg" to County Road 18 after the "dog leg" is constructed. Motion carried unanimously. Cncl. Beard resumed his seat at the Council table. Officials Proceedings of the February 18 , 1992 Shakopee City Council Page -11- Don Link came before the Council to inform the members that the purchase of the adjacent piece of property to the parcel he currently owns in Behringer 's Addition is in process. The Council suggested Mr. Link re-assemble these parcels as his next step toward a building permit. Sweeney/Vierling offered Resolution No. 3549 , A Resolution Of The City Of Shakopee, Minnesota, Waiving The Prohibition Against Issuing A Building Permit In The Subdivision Regulations, As Provided In City Code Section 12 . 16, Subd. 4 . , and moved its adoption. Motion defeated unanimously. Beard/Vierling moved, that in view of the cooperative working arrangements between the Finance Department and the County Auditor's office, to approve the abatement of paying the 1986 special assessments, code 61, in the amount of $300.74 for parcel #27-056004-0, in Eaglewood 2nd Addition. Motion carried unanimously. The City Council received the draft copy of the personnel handbook and was asked by the City Attorney to review it prior to the Council meeting of March 10, 1992 . Vierling/Beard moved to authorize the City Administrator to prepare and distribute an RFP for the hiring of a construction manager for the new City Hall project, on those items that will not be duplicated by Boarman and Associates. Motion carried unanimously. Vierling/Sweeney offered Resolution No. 3551, A Resolution Accepting Work On The JEJ Warming House/Picnic Shelter Building, Project No. 1991-1, and moved its adoption. (Motion carried unanimously under Consent Business) . Mayor Laurent passed the gavel to Vice Mayor Vierling due to conflict of interest on the vacation of Polk Street between 10th Avenue and 12th Avenue. Sweeney/Lynch offered Resolution No. 3545, A Resolution Setting The Public Hearing Date To Consider The Vacation Of That Portion Of Polk Street Between 10th Avenue And 12th Avenue, and moved for its adoption. Motion carried unanimously. Vice Mayor Vierling passed the gavel back to Mayor Laurent. Vierling/Sweeney offered Resolution No. 3546 , A Resolution Amending Resolution No. 3525, Adopting A 1992 Pay Schedule For The Officers And Non-union Employees Of The City Of Shakopee, and moved for its adoption. (Motion carried unanimously under Consent Business) . Vierling/Sweeney offered Resolution No. 3548 , A Resolution Of The City Of Shakopee, Minnesota, Appointing New Representatives To Officials Proceedings of the February 18 , 1992 Shakopee City Council Page -12- Serve On The Board Of The Minnesota Police Recruitment System, and moved for its adoption. (Motion carried unanimously under Consent Business) . Vierling/Sweeney offered Resolution No. 3552 , A Resolution Amending Resolution No. 2934 , By Replacing The Investment Policy and moved for its adoption. (Motion carried unanimously under Consent Business) . Discussion ensued regarding a request to meet with the Council in a Committee of the Whole to allow the Shakopee/Prior Lake Youth Hockey Association and the Shakopee Valley Ice Arena to present an outline describing their facility issues and needs. Vierling/Sweeney moved to have staff establish a time frame for the sequencing of the entire facilities operation. Motion carried unanimously. Cncl. Beard and Lynch thanked the Council for the opportunity to attend the League of MN Cites seminar for newly elected officials. Cncl. Lynch suggested that this budget item be increased in the future since it was a very valuable learning experience. Beard/Vierling moved to invite the Shakopee Hockey Assn. to the Committee of the Whole Meeting on March 31, 1992 and because their concerns are more immediate in nature, this is scheduled first, but if other committees make similar requests, they will be heard at a later Committee of the Whole. Discussion was held on proper procedure for which to follow for separate committees. Cncl. Vierling called for the question. Motion carried unanimously. Mayor Laurent informed the Councilmembers of the reception with the legislators scheduled for February 19, 1992 . Sweeney/Vierling moved that staff be directed to contact Teresa Thews, Senior Realty Specialist for the MN Department of Natural Resources, and inform her that pursuant to her letter of January 29, 1992 , she has her "cart before her horse" . Motion carried unanimously. Sweeney/Vierling moved to rebid the contract on the design agreement for City Hall, on the grounds that Boarman & Associates is adding additional charges to the existing contract by stating, "the architect shall provide the owner with a certificate of $1, 000, 000 errors and omissions insurance. The owner shall reimburse the architect 3 . 5 percent of the total fees paid for said certificate" . Officials Proceedings of the February 18, 1992 Shakopee City Council Page -13- Vierling/Sweeney moved to amend the motion to give Boarman and Associates an opportunity to delete the clause prior to rebidding the contract. Motion carried unanimously. Motion carried unanimously on the main motion as amended. The City Council recessed at 11: 50 p.m. , to the Executive Session to discuss collective bargaining and litigation. Mayor Laurent reconvened the meeting at 12 : 09 a.m. There was no action taken during the Executive Session. Vierling/Beard moved to adjourn. Motion carried unanimously. Meeting adjourned at 12 : 09 a.m. Judith S. Cox City Clerk Jane Van Maldeghem Recording Secretary 4lla . MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Vacation of Drainage and Utility Easement in Lot 1, Block 3 , Evergreen First Addition DATE: March 6, 1992 INTRODUCTION: Staff has received a petition from Renden Development and Laurent Builders, Inc. to vacate a ten foot drainage and utility easement along the eastern lot line in Lot 1, Block 3, Evergreen First Addition. The City Council is scheduled to hold the public hearing on March 10, 1992 , to consider this vacation request. As per Minnesota Statute 462 . 356, the Planning Commission is required to review this proposed vacation to make sure it is not in conflict with the City's Comprehensive Plan. RECOMMENDATION OF THE PLANNING COMMISSION: The Planning Commission has tabled their recommendation to the City Council, and are recommending that the City Council continue the public hearing on this application until their meeting on April 21, 1992 . ACTION REQUESTED: Offer and pass a motion to continue the public hearing for the application to vacate the Drainage and Utility Easement Within Lot 1, Block 3 , Evergreen First Addition until April 21, 1992 . 7/ b MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Vierling Drive, C.R. Road 17 to C.R. 79 DATE: March 3, 1992 INTRODUCTION: Attached is Resolution No. 3556 ordering an improvement and preparation of plans and specifications to Vierling Drive located between County Road 17 and County Road 79 . 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 17 and County Road 79 by Resolution No. 3468. The feasibility report has been completed and was submitted to the City Council on February 4, 1992 . Subsequently, a public hearing was scheduled for March 10, 1992 by Resolution No. 3537 to consider the proposed improvements. A petition was received by the developer of the Meadows Subdivision to construct Vierling Drive from its existing location east to the developer' s easternmost property line. Vierling Drive is also on the Municipal State Aid Route and currently the City of Shakopee has excess funds in our State Aid balance. Because of that reason, staff is proposing to construct Vierling Drive all the way to County Road 17 which would take it through the adjacent subdivision of Prairie Estates. Therefore, the feasibility report was prepared on the entire length from County Road 17 to County Road 79. The proposed improvements consist of constructing Vierling Drive to Municipal State Aid Standards. This consist of constructing a 50 foot wide, 9-ton bituminous roadway with curb & gutter and storm sewer. As in past projects involving Vierling Drive, it is proposed to assess the abutting properties for a comparable 36 foot wide local street rather than a 50 foot wide collector street. Staff will give a presentation on the feasibility report at the public hearing. PLEASE BRING A COPY OF THE FEASIBILITY REPORT FROM YOUR FEBRUARY 4, 1992 CITY COUNCIL PACKET. At the conclusion of the public hearing if the City Council determines that this project should be constructed, attached is Resolution No. 3556 which orders plans and specifications prepared for the project. Because of the absence of one Councilor from the March 10th meeting, and the removal of another Councilor from voting on the issue due to being one of the affected properties, the Council may wish to continue the public hearing to the March 17th Council meeting. ALTERNATIVES: 1. Adopt Resolution No. 3556 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. 3556. 3 . Table Resolution No. 3556 for additional information from staff. 4 . Continue the public hearing until March 17 , 1992 . RECOMMENDATION: Because of the absence of one Councilor, staff recommends Alternative No. 4, to continue the public hearing until March 17 , 1992 . ACTION REQUESTED: Move to continue the public hearing to March 17, 1992 for the improvements to Vierling Drive between County Road 17 and County Road 79. DH/pmp MEM3556 RESOLUTION NO. 3556 A Resolution Ordering An Improvement And The Preparation of Plans And Specifications For Vierling Drive, Between County Road 17 And County Road 79 Project No. 1992-3 WHEREAS, Resolution No. 3537, adopted on February 4, 1992 , fixed a date for Council hearing on the proposed improvement of Vierling Drive, between County Road 17 and County Road 79 by street, curb & gutter and storm sewer construction; and WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held on the 10th day of March 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: Street construction of Vierling Drive between County Road 17 and County Road 79 to Municipal State Aid Standards including pavement, curb & gutter and storm sewers. 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 COI' SENT / , s MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Shakopee Community Development Commission One Year and Five Year Work Plans DATE: February 21, 1992 INTRODUCTION: Each year as a part of the Star City recertification requirements, the City must complete a One Year and Five Year Work Plan. (See Attachment #1) BACKGROUND: On February 19, 1992, the Shakopee Community Development Commission moved to recommend to City Council the approval of the One Year and Five Year Work Plans. The plans simply serve as a guide to directing the various City Committee's throughout the year. ALTERNATIVES: 1. Move to approve the Community Development Commission One and Five Year Work Plans. 2 . Amend the One and Five Year Work Plans and move their adoption. 3 . Table action pending further information from staff. 4. Do not approve the One Year and Five Year Community Development Commission Work Plans. STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REQUESTED: Move to approve the Community Development Commission One and Five Year Work Plans. BAS/tiv Community Development Commission (CDC) Shakopee Economic Development 1992 One Year Work Plan Mission Statement: To create new jobs, increase the local tax base, retain and assist existing business, attract new businesses and capitalize on the existing area development potentials. Activity/objective: To encourage the implementation of an ongoing economic development program for the City of Shakopee stressing job retention, job creation, downtown development and the tourism industry. Budget: CDC Budget $16, 380 Time Frame: Ongoing from January 1992 Projected Results: 5% Increase in local tax base. 2 . 5% Increase in population. 2 . 5% Increase in employment base. 10% Increase in the number of residential building permits issued. Attraction of at least one new commercial business in the downtown. Attraction of at least one new industry into the industrial park. Attraction of at lease one elderly residential development. 5% Increase in tourists at the recreational facilities in Shakopee. Committee/Organization Chairpersons: Shakopee City Council - Mayor Gary Laurent Shakopee Housing and Redevelopment Authority - Robert Sweeney Convention and Visitors Bureau - Deb Carey Shakopee Community Development Commission - Bill Mars Chamber of Commerce - Barry Stock, President Scott County Transportation Coalition Planning Commission - Melanie Kahleck City of Shakopee - Staff City Administrator - Dennis Kraft Assistant City Administrator - Barry Stock City Planner - Lindberg Ekola City Engineer - Dave Hutton 1992 One Year Work Plan Page - 2 Goal #1 Provide for the improvement of the transportation system and to enhance local and regional transportation objectives. Objective Assigned To Completion Date 1. Work with Mn DOT to pursue City Council April 1992 the Mini-bypass bid letting. 2 . Continue to support the Scott City Council Ongoing County Transportation Coalition in their efforts to improve transportation process to Scott County. Goal #2 Encourage downtown development which will promote a vital commercial/institutional district. Objective Assigned To Completion Date 1. When reviewing and updating CDC Sept. 1992 City Code determine if the Planning Com. Downtown Design Standards should be incorporated into City Ordinance 2 . Create a Subcommittee to CDC March 1992 evaluate development alternatives for Block 3 and 4 . 3 . Evaluate the rehabilitation CDC December 1992 grant program and determine if City Council it should be continued, amended or altogether terminated. 4. Develop a plan with SPUC to CDC/SPUC April 1992 underground downtown utility City Council lines. Goal #3 Initiate planning and marketing concepts that will increase residential development interest in the community. Objective Assigned To Completion Date 1. Complete the update of the Planning Com. July 1992 City' s Comprehensive Plan. City Council 2 . Submit the Municipal Facility Park Advisory Brd. March 1992 Task Force Work Plan to City Council City Council. 1992 One Year Work Plan Page - 3 3 . Work with the DNR to facilitate Park Advisory Brd. Sept. 1992 the completion of the MN River Valley Trail through Shakopee. 4. Create a subcommittee to Planning Com. April 1992 evaluate the need for rezoning the 5th and Market St. Project area. Goal #4 Encourage new industrial development and the expansion of existing industries in the City. Objective Assigned To Completion Date 1. Work with and support the CDC Ongoing activities of the Scott County Economic Dev. Coalition. Goal #5 Encourage the development of support services such as schools, medical facilities and public facilities which provide for a good free standing growth center. Objective Assigned To Completion Date 1. Work with St. Francis Hospital City Council Ongoing to facilitate the development of their new site. 2 . Work with the School District to City Council July 1992 acquire property to meet their future growth needs. 3 . Complete a comprehensive Parks Advisory Brd. April 1992 community survey. CDC/City Council Goal #6 Develop an organizational structure and staffing program which will promote economic development. Objective Assigned To Completion Date 1. Complete the 1993 One Year City Council Jan. 1993 Work Plan. 2 . Complete the Annual Community CDC Feb. 1991 Profile. 1992 One Year Work Plan Page - 4 3 . Develop a survey instrument to CDC April 1992 gather customer input on a regular basis. Goal #7 Support and encourage a community focus on tourism opportunities emphasizing year round activities. Objective Assigned To Completion Date 1. Work with the Shakopee CDC Ongoing Visitors and Convention Bureau and Chamber of Commerce on marketing and special events which will attract tourists to the area. 2. Promote year round use of the CDC Ongoing hospitality and tourism industry. City of Shakopee Five Year Economic Development Plan Goal #1 Provide for the improvement of the transportation system and to enhance local and regional transit objectives. Objective 1992 1993 1994 1995 1996 1. Construct Phase II of the X Downtown Redevelopment Project. 1st Ave. (Atwood - Sommerville) 2. Work with Mn DOT X to pursue the mini bypass bid letting. 3 . Work with Mn DOT during X the construction of the mini bypass to minimize the impact on the downtown area. 4 . Extend 13th Ave. to open X up more residential land for development. (Phased Extension) 5. Continue to work with X X X X X the Scott County Transportation Coalition to improve transportation access into our community. Goal #2 Encourage downtown redevelopment which will promote a vital commercial/institutional district. Objective 1992 1993 1994 1995 1996 1. When reviewing and X updating City Code determine if the Downtown Design Standards should be incorporated into City Ordinance. 2 . Create a subcommittee to X evaluate development alternatives for property north of First Ave. CDC 1992 Five Year Work Plan Page - 2 3 . Create a subcommittee to X evaluate alternatives for improving the riverfront entrance into the downtown area. 4. Evaluate whether the Rehab X X X X X Grant Program should be continued. 5. Develop a plan with SPUC X to underground downtown utility lines. Goal #3 Initiate Planning and Marketing concepts that will increase residential development in the community. Objective 1992 1993 1994 1995 1996 1. As a result of the X Comp. Plan update, comprehensively amend the Shakopee Zoning Ordinance in order to facilitate sound economic development in a timely manner. 2. Participate in the Scott X X X X X County Economic Development Coalition and support their activities. 3 . Work with the DNR to X X facilitate the completion of the MN River Valley Trail through Shakopee. 4. Submit the Municipal X Facility Task Force Work Plan to City Council. 5. Create a subcommittee to X evaluate the need for rezoning the 5th and Market St. Project Area. 6. Create a subcommittee to X to investigate alternatives for beautifying the First Ave. - Marschall Rd. corridor. CDC 1992 Five Year Work Plan Page - 3 Goal #4 Encourage new industrial development and the expansion of existing industries in the City. Objective 1992 1993 1994 1995 1996 1. Update the data base of X X vacant commercial industrial properties. Goal #5 Encourage the development of support services such as schools, medical facilities and public facilities which provide for a good free standing growth center. Objective 1992 1993 1994 1995 1996 1. Work with St. Francis X X x X x Hospital to facilitate the development of their new site. 2 . Create a subcommittee to X evaluate alternative use for existing St. Francis Hospital. 3 . Create a subcommittee to X evaluate the potential of developing a water source for Deans Lake. 4 . Work with School District X to acquire property south of Sr. High for their future expansion needs. 5. Acquire a 20 - 40 acre X site for a major athletic complex to serve eastern Shakopee. 6. Work with the owners of the X industrial park to negotiate a land swap for trail purposes around Deans Lake in lieu of future park dedication fees. CDC 1992 Five Year Work Plan Page - 4 7. Complete a comprehensive X community survey to identify community facility needs and feelings regarding level of services. Goal #6 Develop an organizational structure and staffing program which will promote economic development. Objective 1992 1993 1994 1995 1996 1. Complete the annual X X X X Community Profile. 2 . Complete the One Year X Work Plan 3 . Develop a survey X instrument to gather customer input on a regular basis. Goal #7 Support and encourage a community focus on tourism opportunities emphasizing year round activities. Objective 1992 1993 1994 1995 1996 1. Work with the Shakopee X X X X X Visitors and Convention Bureau and Chamber of Commerce on marketing and special events which will attract tourists to the area. 2 . Promote year round use of X X X X X the hospitality and Tourism industry. 3 . Work with the DNR to X X complete the MN Valley Trail through Shakopee. lib MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator/C. S. Director RE: Local Recycling Development Grant Funds DATE: February 21, 1992 INTRODUCTION: For the past five years the City of Shakopee has sponsored a Spring Clean-up Program. In both 1990 and 1991, funds for operating the program have been received from Scott County. Limited funding is available from the County in 1992 for Recyclable Material Collection programs. BACKGROUND: In 1991 the City of Shakopee received $15, 850 from Scott County to off-set costs associated with the following waste abatement activities pursued by the City in 1991; Recycling Clean-up Program - $7 , 350, Fall Yard Waste Collection - $4, 500, Recycling Containers - $4, 000. Attached is a correspondence from Mr. Al Frechette, Environmental Health Manager for Scott County. Mr. Frechette's correspondence indicates that in 1992 , $5, 073 will be available for a Shakopee recyclable material collection program. On February 19, 1992 , the Energy and Transportation Committee discussed whether or not the City should consider a Spring Recyclable Material Collection Day as opposed to a Fall Recyclable Material Collection Day. In 1991, total costs for conducting the Spring Clean-up Program were $11, 740. 04 . The City collected revenues (gate fees, County Grant) in the amount of $10, 756.86 for a net program deficit of $983 . 18 (See Attachment #2) . The 1992 city budget does not include funds for conducting a Clean-up Program. Therefore, the Committee is recommending a program that will utilize the county grant funds and gate receipts to cover all program costs. The Committee is recommending that the clean-up program be held on Saturday, May 2 , 1992 between 7 : 30 a.m. and 12 : 30 p.m. The clean-up site will be located in the same location as last year. Basically, the program will resemble last years program with several minor changes including: 1. Increase gate fees to $25. 00 for a car and $45. 00 per pickup and/or trailer plus an additional $10. 00 per mattress or box spring. 2 . Limit tire disposal to four tires per vehicle. 3 . Limit appliances to two appliances. 4 . Five dollars ($5. 00) per load for recyclable items such as AU/BS/CLEANUP 92 appliance, car batteries, tires (Max. 4 tires per vehicle) and yard waste may be disposed of at no charge. Shown in Attachment #3 is a projected budget for this years proposed program. The Committee is recommending that the appropriate City officials be authorized to submit and enter into a grant agreement with Scott County for funding a portion of the 1992 clean-up program. On February 25, 1992 , Ms. Mary Ann Schmidt, representing Louisville Township, inquired whether or not they could piggyback on our program. Louisville Township would be willing to contribute their County Grant amount ($393 . 00) to the City if we would allow Louisville Township residents to access our site. Staff would like Council to discuss this issue separately from our program and direct staff accordingly. ALTERNATIVES: 1. Move that the appropriate City officials be authorized to submit an application and execute an agreement with Scott County for a Spring Recyclable Material Collection Day. 2 . Do not pursue a Recyclable Material Collection Day in 1992 . 3 . Select some other type of program format to utilize the available grant funds. STAFF RECOMMENDATION: Staff recommends alternative #1 . ACTION REQUESTED: 1. Move to authorize the appropriate City officials to submit an application and execute an agreement with Scott County for a Spring Recyclable Material Collection Day. 2 . Inform Louisville Township that the City would permit Township residents to participate in our program if they agree to contribute their grant amount to the City plus pick-up 10% of any project deficit. AU/BS/CLEANUP 92 i SCOTT COUNTY ENVIRONMENTAL HEALTH COURTHOUSE A102 428 S. Holmes St. SHAKOPEE, MN 55379-1393 (612) 496-8177 January 22, 1992 Barry Stock °'AN 2 41992 City of Shakopee _ 129 East First Avenue Y Or: - E Shakopee, MN 55379 Dear Mr. Stock: Scott County has again received Local Recycling Development Grant funds from the Metropolitan Council. Of the $227,960 received this year, $25,000 is earmarked for grants to Cities and Townships. This year these grants to cities and townships are to be used for Recyclable Material Collection Days. The amount of funding available to each city or township is based on population, using the 1990 census. The funds available to The City of Shakopee at this time for Recyclable Material Collection Days are $5,073.00. To apply please submit a letter of request for funding and an Exhibit A which is a project description (see the example enclosed to give you some idea of the detail we are looking for) . Please send your application to us at least two months before the date of your event. When we receive your application and approve it we will send a completed agreement to you for your signature. The agreement will be like the ones used in previous years. You can anticipate a check four to six weeks after we receive your signed agreement. If you decide not to apply for funds for these projects, we would also appreciate knowing that as soon as possible, so that funds can be transferred elsewhere. You can elect to cooperate with a neighboring community for this project. If so, either all cooperating communities can prepare individual agreements that complement each other, or, a community's controlling elected board can designate, by resolution, respective funds to the implementing community. We have information to help you prepare for this project. We have names and numbers for recyclers, and related service providers. There are also some regulatory standards associated with management of some of the recyclable materials (batteries, oil, appliances) which you should investigate. Please feel free to call this office with any questions. Sincerely, (216-3_, 7/414 Allen J. Frechette Environmental Health Manager Enclosures An Equal Opportunity IAfrmative Action Employer Model Exhibit A • Proposed use of funds for Project # 10. In accordance with the attached grant agreement and applicable state laws, hereby requests funding for the following programs to enhance current recycling efforts within our community. Our community will sponsor a spring cleanup day on May 25, 1991. People will be encouraged to bring designated waste and recyclable material to the City Public Works garage lot between the hours of 8:00 A.M. and 5:00 P.M. . A tip fee will be charged for those items that cannot be recycled to cover City costs. The following recyclable materials will be accepted at no cost: tires, lead acid batteries, used motor oil, appliances, yard and tree waste, cardboard, plastic containers (except oil containers or hazardous material containers), glass food and beverage containers, office paper and junk mail, newspapers, phone books (if markets still exist) , old books, scrap metal, and furniture (reusable quality only) . The following costs are proposed for this grant request: Tires @ 1.00 each for automobile, (covers transportation) x 500: $500.00 Tires @ 5.00 each (total cost offset by fee for rimmed & $500.00 large tires) x 100: Lead Acid Batteries, cost for temporary storage area construction: $75.00 Used Motor Oil, cost for tank and arrangements for recycling: $150.00 Appliances, 200 @ $10.00 each: $2,000.00 Yard and Tree waste for hauling & processing into chips or compost: $1,200.00 Rental containers for cardboard, glass, plastic, paper, books, $500.00 metal: Transportation of furniture to Goodwill, Pilot City Project etc. : $350.00 500,00 Recycling old books through the Scott County Work Place: X$ City Public Works Staff (time only for recycling efforts and prep. ) $600.00 Total Recycling Days Grant Request: $6,375.00 Page 5 Final Report 6/11/91 Attachment #2 City of Shakopee Clean-up Day Budget Expenditures 1989 Actual 1990 Actual 1991 Actual Maust Fiber Fuels (Tires) $1000 . 00 $ 500. 00 $1, 650 . 00 Zein Appliance 708 . 75 903 . 00 750. 75 Waste Management Inc. 4349 . 12 6136. 50 2 , 656. 50 Refuse Disposal Fees 3558 . 00 2775. 00 3 , 819 . 98 Shakopee Area Catholic Sch. 300. 00 400. 00 400. 00 Public Works Staff Time 407 . 29 - 1, 076. 49 Misc./Contingency0. 00 597 . 18 1, 386. 32 Total Expenditures $10, 323 . 16 $11, 311. 68 $11, 740 . 04 Revenues County Grant -- -- $7 , 889 . 36 Gate Fees $ 600 . 00 1, 773 . 00 2 , 867 . 50 Appliances 405. 00 817 . 00 -- Furniture 326. 00 301. 50 -- Brush (leaves) 300. 00 600. 00 -- Tires 501. 00 300. 00 -- Total Revenues 2 , 132 . 00 3 , 791. 50 10, 756. 86 Net Program Costs $8191. 16 7 , 520. 18 $ 983 . 18 Notes: Tipping Fees 1986 1987 1988 1989 1990 1991 Gate Fee - NC NC NC $1. 00 $3 . 00 $10 . 00/ 15 . 00 Appliances - NC NC NC $3 . 00 NC NC Furniture - NC NC NC $3 . 00 $3 . 00 NC Bush - NC NC NC $3 . 00 $3 . 00 NC Tires - NC NC NC $1. 00 $1. 00 NC NEW PROGRAM COSTS $5000* $9000* $12 ,988 $8191 $7520 $983 . 18 * Estimates Attachment #3 1992 Recyclable Material Collection Day Budget 1992 1992 Expenditures Projected Actual Tires $ 500. 00 Appliances $ 750. 00 Refuse Disposal Fees/Yard Waste $ 4 , 500. 00 Advertising $ 500 . 00 Waste Mgmt. Inc. $ 3 , 000. 00 Shakopee Area Catholic Schools $ 400. 00 P.W. Staff Time $ 1, 000. 00 Contingency $ 500. 00 $11, 150. 00 Revenues County Grant $ 5, 073 . 00 Gate Fees $ 6, 077 . 00 $11, 150. 00 AU/BS/CLEANUP 92 201J 4)4 MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Van Pool Provider Selection DATE: February 21, 1992 INTRODUCTION: The request for proposal deadline for Van Pool Services Inc. (VPSI) expired on February 13 , 1992 . The City only received one proposal in response to the solicitation. BACKGROUND: Since the inception of the Van Pool Program in 1984, the City of Shakopee has been under contract with Van Pool Services Inc. for the provision of services related to the Van Pool Program. Over the past seven years, the City has solicited proposals for said service on three separate occasions. Each time, the City ultimately awarded the contract to Van Pool Services, Inc. The current contract with Van Pool Service Inc. expires on April 16, 1992 . The request for proposal deadline for Van Pool Services was February 13 , 1992 . The City received one proposal. (Van Pool Services Inc. ) Shown in attachment #1 is a list of possible providers that were mailed proposal specifications. Basically, VPSI has resubmitted their normal and customary service proposal that we have been operating under for the last seven years. Staff has been pleased with the level of service provided by VPSI over this time period. Due to the length of the proposal I have intentionally left it out of the agenda packet. Copies available for review upon request. The Energy and Transportation Committee is recommending that the appropriate City officials be authorized to enter into a two year agreement with a third year option (City' s option) with MPSI. ALTERNATIVES: 1. Recommend to City Council that the appropriate City officials be authorized to enter into a two year third year option agreement with Van Pool Services Inc. for the provision of van pool services in Shakopee. 2 . Do not enter into an agreement with Van Pool Services Inc. 3 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: Recommend to City Council that the appropriate City officials be authorized to enter into a two year third year option agreement with Van Pool Services Inc. for the provision of van pool services in Shakopee. Attachment #1 VPSI PDS Leasing Services Republic Leasing Corp. 333 Sibley Street• 7652 Executive Drive -5353 Wayzata Blvd. Suite 445 Eden Priaire, MN 55343 St. Louis Park, MN 55416 St. Paul, MN 55101-1623 Untied Leasing, Inc. GE Capital Handicapped Driving Systems Inc. 7575 Golden Valley Road 8300 Norman Center Drive 12273 Nicollet Avenue Golden Valley, MN 55427 Bloomington, MN 55437 Burnsville, MN 55337 Dodge of Burnsville, Inc. Bloomington Crysler-Plymouth Lisa Reduenz 12101 I Highway 35W 8000 Penn Avenue South 3948 W. 50th Street Burnsville, MN 55337 Bloomington, MN 55431 Edina, MN 55424 a CO NEWT MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator/C.S.Director RE: Dial-A-Ride Minimum Ridership Age - Policy #23 DATE: February 27, 1992 INTRODUCTION: Over the past two months the Energy and Transportation Committee has discussed the possibility of establishing a dial-a-ride minimum ridership age policy. At their meeting on January 15, 1992 , the Committee moved to recommend to City Council the adoption of Transit Policy #23 . BACKGROUND: In the past the Energy and Transportation Committee has discussed problems that we have been experiencing in transporting children under age 5. They discovered that many of the problems could be resolved through improved communication between the driver, dispatcher and user. However, the liability issues involved in transporting children under age 5 seemed to indicate that perhaps a more structured policy should be considered in regard to transporting children under age 5. At their January 15, 1992 , meeting, the concept of establishing a policy that would only allow for the transport of children to designated licensed shelters was discussed. Shown in attachment #1 is the proposed policy for transporting children between ages 3 and 5. The policy states that the City of Shakopee will not allow for the transport of children between ages 3 and 5 who are unaccompanied by an adult unless the destination point of said ride is a certified designated shelter or the origination point of said trip. In order to be qualified as a certified designated shelter, said shelter must complete an application form and file a copy of their State or County Operating License with the City. No child under age 3 shall be transported unless accompanied by an adult possessing a state approved child safety car seat. Staff expects that between 3 and 4 shelters will apply for official designation. The adoption of such a policy should help minimize our liability exposure in the area of transporting children who are unaccompanied by adults. Since there is a demand for transporting children between ages 3 and 5, the Committee did not feel it would be appropriate to exclude those persons from rides at this time. The Energy and Transportation Committee is recommending that the City Council adopt the Dial-A-Ride Minimum Ridership Age Policy No. 23 . AU/BS/MINIMUM.AGE ALTERNATIVES: 1. Adopt the Dial-A-Ride Minimum Ridership Age Policy No. 23 . 2 . Amend and adopt the minimum ridership age policy. 3 . Table action pending further information from staff and the Energy and Transportation Committee. ENERGY AND TRANSPORTATION COMMITTEE RECOMMENDATION: The Energy and Transportation Committee recommends alternative #1. ACTION REQUESTED: Move to adopt the Dial-A-Ride Minimum Ridership Age Policy No. 23 . AU/BS/MINIMUM.AGE Policy No. 23 Adopted: Effective: DIAL-A-RIDE MINIMUM RIDERSHIP AGE The City of Shakopee shall not allow for the transport of children under age five who are unaccompanied by an adult unless the destination point of said ride is an approved certified designated shelter or the origination point of said trip. To be qualified as an approved certified designated shelter, said shelter must file a copy of their State and/or County operating license with the City of Shakopee. No child under age 3 shall be transported unless accompanied by an adult possessing a state approved child safety seat. AU/BS/MINIMUM.AGE CONSEI\IT L) MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner royal of RE: Time Extension for PreliminaryApproval Valley Park 10th Addition DATE: March 5, 1992 INTRODUCTION: The City has received a request from Valley Green Business Park to extend by one year the time period for preliminary plat approval of Valley Park 10th Addition by the City Council. BACKGROUND: The City Code states that preliminary plat approval time period may be extended by up to one year upon written application by the developer. Attachment #1 is a copy of the letter from Mr. Jon Albinson of Valley Green Business Park. Attachment #2 is a copy of the final plat for Valley Park 10th Addition. DISCUSSION: Attachment #3 is a copy of the letter sent to Mr. Jon Albinson, notifying him that the preliminary plat had been recommended for approval by the Planning Commission subject to eight conditions. The City Council approved the final plat for Valley Park 10th Addition on November 20, 1990. Also attached is a copy of the final plat conditions, as approved by the City Council. Staff if unaware of any circumstances which would require the City to reconsider or amend the conditions for approval of the plat. The developer is actively marketing the development of these properties within Valley Park 10th Addition. Prior to the release of any building permits, final plats will be needed to be approved by the City Council. The time extension will allow the developer the opportunity to configure the lots within the final plat in a manner that will better suit the future client. The one year time extension would expire on March 10, 1993 . ALTERNATIVES: 1. Approve the time extension request. 2 . Deny the time extension request. RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: Offer and pass a motion which grants the developer of Valley Park 10th Addition an additional one year time frame for preliminary approval of the plat. • Attachment 1 avaticy February 21, 1992 BUSft b D PAhK Mr. Lindberg Ekola CITY OF SHAKOPEE 129 East First Avenue Shakopee, MN 55379 Re: Valley Park 10th Additional - Preliminary Plat Approval Dear Lindberg: On September 18, 1990, the City Council approved the preliminary plat of Valley Park 10th Addition. We subsequently filed a final plat which had been configured differently than the preliminary plat. The final plat established Outlots for a portion of the vacant land versus a fully subdivided plat of lots . In our discussions, you pointed out that preliminary plats are approved for a maximum period of one year, at which time they expire and require re-approval . It wa's your understanding that Council does have the authority to extend approval of a preliminary plat for additional periods of time. This would preclude the need for re- applying for preliminary plat approval and a final plat approval on a previously approved preliminary plat. With this letter, we are requesting that the preliminary plat of Valley Park 10th Addition approved at the September 18, 1990 City Council meeting be considered by Council for an extension of time equivalent to one year from date of Council action. We believe there have been no substantial changes to the subdivision ordinances which would cause this preliminary plat to be considered any differently than when it was approved in September 1990 . We hope you are in agreement and that Council action will permit the preliminary plat of Valley Park 10th to continue. This would allow us to plat the land as approved in 1990 by final platting process based on the previously approved preliminary plat of Valley Park 10th. Your attention to this matter would be appreciated. If you have any questions, please give us a call . Respectfully, VALDEY GREEN BUSINESS PARK it JJon R. Albinson /Project Director JRA: jmcx-022 . 6 cc: Brian Brennan . ts... _ . • Attachment 2 - sv-- ........,,, ...-. V. . ,:,.' .... 6, (, I a i_ -Ifz••• --.'-'""--,•• ! ..! s. I 0 N ti tli .• .. .4 3 • ,.-71- 11 r.' •a' ti I .1 Z la 0 -..9Z t.7.•:.. — I.'..4:::*1. 1 17- —-—— 7:"7:7-::".-- ----••••7-- 7 • — -..:......,... 1 .s,I ...1 .. _ ___._ _____. „-- ,bZ Ai. '1 .... •11=11.10 ., ilf*. ; $'....:7 I."'' ..... .I. , i :.2:I .1.. ;;; I.• • •,..., r: - . ..... ...,":, ... ,',..: .4, : ••e" '' t h i 1 CI . , •1 -,.... •... _ . .28 , • 1 ., V . 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I a it 1 . I 1. It 1.1 . ... : • li 1 I 1'1 as I_ 2 a S a • • Attachment 3 CITY OF SHAKOPEE INCORPORATED 1870 me.. 40 �K 129 EAST FIRST AVENUE, SHAKOPEE. MINNESOTA 55379.1376 (612)445.3650 A O f October 4 , 1990 Jon R. Albinson Valley Industrial Realty 1244 Canterbury Road P. O. Box 409 Shakopee, Minnesota 55379 Dear Mr. Albinson: For your records, please be advised that the preliminary plat for Valley Park 10th Addition was approved by the Planning Commission at their meeting on September 6, 1990 with the following conditions: 1. A tree preservation plan of the area covered by the plat to be reviewed and approved by the City Planner and used as a guide to protect the appropriate existing trees with the development of each lot. 2 . Grading on lots 1, 2 , 3 and 4 of block 1 and lots 1 through 11 of block 2 will be done in accordance with the tree preservation policy requirements in place with the City at the time of the final plat process. 3 . Streets and street signs to be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. 4 . Lot 6 block 1 shall be incorporated with lot 7 block 1 as one lot on the final plat. 5. All public easements, existing and proposed, must be shown on the final plat (utility, drainage etc) . 6. City approved street names must be shown on the final plat. 7 . All lot lines must be clearly shown on the final plat. 8 . Right-of-way dedications at intersections shall be made with the final plat if requested by the City Engineer. The Heart Of Progress Valley AN EOUAC OPPORTUNITY EMPLOYER On September 18, 1990 the Shakopee City Council approved the preliminary plat for Valley Park 10th Addition subject to those conditions set forth by the Planning Commission. Thank you for your cooperation in this process and we look forward to working with you on the final platting of Valley Park 10th Addition. Sincerely, Lindberg S. Ekola City Planner RESOLUTION NO. 3317 Resolution Approving the Final Plat of Valley Park 10th Addition WHEREAS, the Planning Commission of the City of Shakopee did approve the Final Plat of Valley Park 10th Addition on November 8 , 1990 and has recommended its adoption; and WHEREAS . all notices of hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS, the City Council has been fully advised in all things. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, the Final Plat of Valley Park 10th Addition, described as shown on the attached legal description, be, and the same hereby is approved and adopted with the following conditions: 1. Approval of title opinion by the City Attorney. 2 . Payment in lieu of land dedication for park purposes shall be required based on the ordinance in effect at the time of final approval by the City Council. The park dedication fee must be made prior to the execution of the plat. 3 . Execution of an agreement addressing: a) No building permits will be issued on the Outlots until they are replatted unless this requirement already exists in another recorded agreement. (RLS 134) b) The developer shall agree to the City Engineer' s method of apportioning the . installments remaining unpaid against the plat and that the developer waives his right to appealing the apportionment. 4 . Remove the 10th Avenue right-of-way dedication from the plat and identify the area as an outlot. BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and the same are hereby authorized and directed to execute said approved Plat and Developer' s Agreement. BE IT FURTHER RESOLVED, that the appropriate City officials are authorized and directed to sign the plat as a property owner of a portion of Lot 1 Block 1 Valley Park 10th Addition. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this 20th day of November, 1990 . Mayor i of Shakopee ATTEST: ,ai , .j _ J CitLJerk L/ Approved as to form. 4 ...9.---_. /-1 City Attorney auvpl0fin / c_ MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City PlannerL RE: Authorization to Hire Consultant to Prepare Environment Assessment Worksheet (EAW) J. L. Shiely Mine Expansion DATE: March 5, 1992 INTRODUCTION: Staff is requesting authorization to hire a consultant to prepare the Environment Assessment Worksheet (EAW) for the proposed expansion of the Shiely Mine. BACKGROUND: The Shiely mining site is zoned Heavy Industrial (I-2) and is located south of Hwy. 101 and east of Valley Park Drive. The mine was opened in 1961. The first conditional use permit (CUP) for the operation was granted in 1984 and has been renewed and/or amended on several occasions. On September 9 , 1991, Shiely Co. submitted an application to the City to amend their existing conditional use permit to allow for the expansion of the mining operation on the western 85 acres of their property. At the November 7, 1991 meeting, the Planning Commission continued the public hearing to allow for the processing of the EAW. Shiely Co. has been collecting data required for the EAW and has submitted this information to the City. DISCUSSION: The State of Minnesota environmental review process requires that all nonmetallic mineral mining operations, over 40 acres in area, and at a depth of 10 feet or greater are subject to the mandatory EAW review. The City of Shakopee, in this instance, would serve as the Responsible Governing Unit (RGU) . As the RGU, the City is responsible for preparing the EAW. The scope of this project includes a large number of technical and environmental issues, such as the impacts of blasting on surrounding properties, aquifer draw down, groundwater contamination, traffic impacts, noise and dust impacts, appropriate reclamation techniques and future end land uses of the site. In order to adequately review the data submitted by Shiely Co. and to prepare the EAW in a thorough manner, staff is recommending the hiring of a consultant. OSM is one of the City' s three on-line consultants. The firm has a reputable environmental division and has indicated the ability, desire and time for the preparation of this EAW. Staff has inquired to their conflicts of interest with Shiely Co.and OSM has indicated they have no business obligations with the Shiely Co. The 1992 fee schedule includes all consulting fees incurred with the preparation of an EAW and a CUP review be paid for by the applicant. A scope of services, project time table, and cost estimate are being prepared by the consultant for this EAW preparation. This information will be placed on the Council table. Staff will monitor and record the consultant's cost and request payment from the applicant as appropriate. ALTERNATIVES: 1. Authorize the hiring of OSM as the City's consultant to prepare the EAW for the Shiely Co. mining expansion proposal. 2 . Request that staff develop an RFP to solicit other firms to prepare the EAW. 3 . Direct staff to prepare the EAW. 4 . Do nothing. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: Authorize the appropriate persons to prepare and/or sign the necessary documents to hire OSM to prepare the EAW for the proposed west expansion of the Shiely Mine. CITY OF SHAKOPEE 4. INCORPORATED 1870 i 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379.1376 (612)445.3650 March 9 , 1992 Mr. Robert Bieraugel Shiely Company 2915 Waters Road, Suite 105 Eagan, Minnesota 55121 RE: Proposed Expansion of the Shakopee Mining Operation Environmental Assessment Worksheet (EAW) Dear Bob: Thank you for the information submitted for the preparation of the Environmental Assessment Worksheet (EAW) for the proposed west expansion of the Shiely Mine. As established in the State of Minnesota' s environmental review process the Responsible Governing Unit (RGU) is required to prepare the EAW and the proposer is to provide data necessary to complete the EAW. It is my understanding that the City of Shakopee will serve as the RGU for this EAW. Staff has reviewed the data submitted and has determined that it is not complete. Staff does not feel that sufficient data for preparing the EAW was submitted in several areas including: • Description - the project area is 75 acres yet the information submitted addresses 65 acres. The conditional use permit application noted the west portion as being 85 acres. Please clarify. • Physical Impacts on Water Resources - The "No" response is too literal. The large volume of discharge of groundwater may affect wetlands and protected water courses beyond the site. The proposal involves the creation of lake after mining is completed. What will be the physical impacts of this future water body, the future east quarry lake, and other area mining sites? • Water Quality - Surface Water Runoff - Provide additional information on how stormwater runoff is controlled internally on the site. How is the sump area designed and what quality of water is being discharged? • Ground Water - Potential for Contamination - the mining operation does not continuously pump out ground year round since the mine shuts down each season. The site could be both The Heart Of Progress Valley AN EQUAL OPPORTUNITY EMPLOYER a discharge point as well as a recharge point. When the mine is exhausted discharge activities would also be terminated. Verification of unused or abandoned wells as regulated by the state or county should be documented. If wells are found they must be dealt with in accordance with all state laws and rules. Information on the NPDES permit must also be submitted. • Traffic - Need for further traffic analysis, including maximum peak hour traffic generated and timing. For each affected road there needs to be an indication of average daily traffic and the distribution of traffic. A map illustrating proposed truck routes and volumes should also be provided. The data submitted utilized 1989 traffic counts. More current traffic counts are available and should be provided. • Stationary Source Air Emissions - Submit information on MPCA requirements for the crushers and documentation that the appropriate permits have been issued to Shiely. • Dust, Odors, Noise - Information addressing the MPCA requirements for dust, odors and noise must be provided. Documentation verifying the appropriate permits must be provided. The impacts of blasting operations should be performed by an independent party. • Visual Impacts - Although the quarry may not be visible due to the construction of berms and landscaping, other features such as machinery, processing equipment and stock piles may be visible. Additional information on these items must be provided. • Compatibility with Plans - More detailed information about future reclamation efforts and end use of the property after mining operations are completed must be provided. Future uses must be consistent with the City' s Comprehensive Plan. • Archeological, Historical Resources - a response from Minnesota Historical Society must be provided. • Impact on Infrastructure and Public Services - Potential impacts on the MWCC Interceptor, running through the project site, must be addressed. Submit information documenting the MWCC' s review of the proposal . Will a permit to pump over the interceptor be required by the MWCC? • Related Developments - Cumulative Impacts - No responses were made with respect to these questions. Other conditional use permits have been granted for asphalt and concrete batch plans on the site have been approved. Discussion on these and other types of related activities planned for the site in the future must be provided. A separate mine to the north of the Shiely property remains vacant, abandoned after many years. Discussion on the cumulative impacts of these types of land activities on future development must be provided. City staff is recommending the hiring of Orr Schelen Mayeron and Associates, Inc. (OSM) to serve as a consultant in the City' s role as the RGU in preparing the EAW. Staff is forwarding the recommendation to the City Council for action at the Tuesday, March 10, 1992 meeting. Please submit additional information on the items listed above and submit the City staff. City staff will provide this information to the consultant so that it may be included in the EAW. If you have any questions, please feel free to call me at 445-3650 . Thank you. Sincerely, Lind- -rg S. Ekola Cit •fanner c: save Hutton, City Engineer Bret Weiss, OSM asaOrr Schden Mayeron& Associates,Inc. 2021 East Hennepin Avenue Minneapolis,MN 55413 612-331-8660 FAX 331-3806 Engineers Architects Planners March 6, 1992 Surveyors Mr. Lindberg Ekola City of Shakopee 129 East First Avenue Shakopee, MN 55379 Re: Contract Extension Agreement EAW for Proposed Expansion of the Shakopee Mining Operation OSM Project No. 0015.92 Dear Mr. Ekola: According to our Agreement for Professional Services with the City of Shakopee, Section 1-C-2 (Major Projects), this extension agreement is for the preparation of an Environmental Assessment Worksheet (EAW) for the proposed expansion of the Sheily Shakopee Quarry. The scope of services as we understand is as follows: • OSM will prepare an EAW for the City of Shakopee for the above referenced project. The City has provided background information and a previously prepared EAW for the project that may be used for preparation of the EAW. The City will request additional information from the Sheily Company to assist in the completion of the EAW. • OSM will incorporate all of the previously noted issues along with any additional issues identified during the review and preparation of the EAW. The issues will be examined sufficiently to determine their potential impact. • OSM will provide the completed document to the City for acceptance within 30 days from the time City staff and OSM determine Sheily has supplied the requested information. It may be beneficial to allow Sheily to review the document and provide input prior to formal acceptance by the City Council. This would allow us an opportunity to address some of their concerns before the official comment period begins. Detailed analysis of issues that are determined to have significant environmental impact would be addressed in Equal Opportunity Employer Mr. Lindberg Ekola March 6, 1992 Page 2 an Environmental Impact Statement (EIS). However, the detailed analysis could be authorized during the EAW process if requested. This could possibly address concerns without requiring an EIS, but would involve additional fee. • OSM will provide letter response to questions arising from the 30 day comment period in the aforementioned fee. Participation at public meetings would be on an as needed basis and would be billed as an extra on an hourly basis. Orr-Schelen-Mayeron& Associates, Inc. agrees to accomplish the aforementioned Scope of Services for a fee not to exceed $4400. If the scope is expanded to include a more in-depth study of the issues, this fee may require adjustment. The City of Shakopee agrees to reimburse OSM for these services in accordance with Section IV of the Agreement for Professional Services. If this agreement meets with your approval, please sign below and return one copy to our office. We look forward to working with you on this project. Sincerely, ORR-SCHELEN-MAYERON CITY OF SHAKOPEE & ASSOCIATES, C. Rd-A Bret A. Weiss, P.E. Project Manager City Administrator Edward J. DeLaForest, P.E. City Clerk Vice President lnh 0306cos.le Mayor cc: Ernie Fenton // L4 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Railroad Crossings DATE: March 2, 1992 INTRODUCTION: Recent discussions with the Chicago and Northwestern Transportation Company and Mn/DOT have precipitated the need for City Council discussion relative to the railroad crossings along the 2nd Avenue corridor from Marschall Road to Apgar Street. BACKGROUND: Prior to the public hearing to consider street improvements to 2nd Avenue, City staff met with railroad officials to discuss the concept of closing the Naumkeag Street crossing in exchange for opening up the Market Street crossing. The railroad indicated that they could support that proposal when the City applied to Mn/DOT for the new crossing. Mn/DOT is the authority that grants all new railroad crossings. Staff presented the results of that preliminary discussion to the City Council at the 2nd Avenue public hearing. The Council ordered the 2nd Avenue street improvements and subsequently ordered a separate public hearing specifically to consider closing the railroad crossing at Naumkeag Street. At the conclusion of this second public hearing held in April, 1991 the City Council decided to close the Naumkeag Street crossing and directed staff to make official application to the railroad and Mn/DOT for the new crossing at Market Street. Mn/DOT requires cities and railroads to execute an agreement regarding the construction approval and funding for new railroad crossings. If an agreement cannot be reached, it is considered a contested crossing and the final dispute would be resolved before an administrative law judge with all parties present. In June, 1991 staff received an agreement from the C & NW regarding the crossings. This agreement gave approval for closing Naumkeag Street in exchange for opening up Market Street, including the installation of signals at Market Street. In addition, the railroad required installing new signals at the existing crossing at Minnesota as part of the overall deal . The addition of requiring signals to Minnesota Street was completely contrary to all previous discussions with the railroad and was a surprise to staff. The total cost to the City for railroad's proposal is $147, 375. 00, which consists of $61, 915. 00 for each signal at Market Street and Minnesota Street and $23 , 545. 00 for labor to build a new crossing Minnesota Street and $23, 545. 00 for labor to build a new crossing at Market Street. The actual asphalt or rubber crossing material would be an additional expense to the City. Staff spent several weeks trying to negotiate out this second signal from the agreement, but to no avail. Staff then submitted the request for the new crossing to the Office of Waterways and Railroads of Mn/DOT and indicated that the City was not in favor of the additional signals at Minnesota Street due to the expense to the City. It was requested that the original proposal of the exchange of the two crossings be approved. On October 18, 1991 Mn/DOT indicted that the City must reach agreement with the railroad prior to approving the new crossing. MN/DOT did indicate that they could assist the City in funding 90% of the new signals at Market Street if 2 crossings were closed rather than just one. (See attached letter from Mn/DOT) Basically, on the one hand the railroad would like two crossings signalized in exchange for closing Naumkeag Street and on the other hand Mn/DOT would like two crossings closed in exchange for opening up Market Street. Since October, staff has had numerous meetings with the railroad and Mn/DOT to resolve this issue, but neither one is willing to reduce their requirements. At the last joint meeting between City staff, the railroad and Mn/DOT about two weeks ago, Mn/DOT made another proposal to staff, as follows: There are 6 unsignalized crossings in Shakopee (Naumkeag Street, Minnesota Street, Market Street, Spencer Street, Scott Street and Apgar Street) . Mn/DOT indicated that they would pay 90% to signalize 3 of the crossings (Market Street, Spencer Street and Scott Street) if the City would close the other 3 crossings (Naumkeag Street, Minnesota Street and Apgar Street) . This proposal would cost the City approximately $18, 600. 00 of the $186, 000. 00 cost for the 3 signals. Staff has decided that negotiations have reached an impasse and that further direction is needed from the City Council on this issue, either at a regular meeting or a Committee of the Whole meeting. This issue needs to be resolved before June 1, 1992 so that if a new crossing is constructed at Market Street it can be done as part of the 2nd Avenue construction. It should also be mentioned that Naumkeag Street is essentially closed already due to the construction last summer and if that crossing were to be re-opened, additional expenses would be incurred. ALTERNATIVES: As staff sees it there are numerous options available to the City. 1. Concur with Mn/DOT's request to close 3 crossings and signalize the remaining 3 crossings. The Council may wish to conduct public hearings on the crossings in question prior to agreeing to closing them. In 1988, a public hearing was held to consider closing the Apgar Street crossing but was rejected by the City Council based on the testimony received. 2 . Agree to the railroads proposal (i.e. close Naumkeag Street, open Market Street, signalize both Market and Minnesota Street) . 3 . Pursue the original proposal from closing Naumkeag and opening Market Street though the administrative law judge process. 4 . Close the Minnesota Street crossing. This would appear to satisfy both Mn/DOT's proposal (close 2 to open 1 crossing) while eliminating one set of signal costs from the railroads agreement, essentially "killing two birds with one stone" . Again, it would be desirable to hold a public hearing on the proposed closing of Minnesota Street. 5. Withdraw the request and re-open Numkeag Street essentially leaving the crossings as they were before the 2nd Avenue Project started. There would be some expense to re-opening Naumkeag Street. 6. Leave Naumkeag Street closed but do not pursue opening up Market Street. Attached is a summary of the total costs to the City for each alternative. ACTION REQUESTED: Discuss the issue and direct staff to take the appropriate action. COST ESTIMATES FOR EACH ALTERNATIVE BASIC COSTS Install New Crossing - $23,545.00 (Railroad Labor Only) Install New Signals-$61,915.00 Each Install Rubber Crossing -$10,000.00 (Estimated) CITY COST ELIGIBLE FOR MSAS FUNDS RAILROAD MN/DOT CITY (MARKET ALTERNATIVE COST COST COST STREET ONLY) 1. Close 3 crossings $0 $167,170 $52,120 $39,736 and signalize 3 2. Close Naumkeag $0 $0 $157,375 $95,460 and open Market Street(includes signals at Minnesota) 3. Close Naumkeag $0 $0 $95,460 $95,460 and open Market (no signals at Minnesota) 4. Close Naumkeag $0 $55,723 $39,737 $39,737 and Minnesota, open Market 5. Re-open Naumkeag $0 $0 $0 6. Do Nothing (leave $0 $0 $0 $0 Naumkeag closed) FOOTNOTES: 1. Alternative No. 3 would require a ruling by an adminsitrative law judge. 2. Eligible MSAS costs may not be funded 100%. Would need to submit to the District State Aid Engineer for approval. SUMMARY OF RAILROAD CROSSING ISSUES C & NW's Position O.K. to close Naumkeag and open Market, if both Market & Minnesota signalized. Cost - $ 23 , 545. 00 (Blacktop) 61,915. 00 Signals to Market Street 61, 915. 00 Signals to Minnesota Street Total $147,375.00 Mn/DOT' s Position Will fund 90% of new signal at Market Street if a second crossing such as Minnesota were closed. Otherwise, no funding. City' s Options 1. Close Naumkeag, Open Market, signalize Minnesota & Market Mn/DOT - No funding City Cost - $147, 357. 00 plus rubber ($10, 000 - State Aid) 2 . Close Naumkeag, close Minnesota, signalize Market Cost to City 10% of $61, 915. 00 = $6, 191. 00 + 23 , 545. 00 = $29, 736. 00 Plus rubber ($10, 000. 00) 3 . Note: May be other crossing options to close (i.e. Apgar Street) . 4 . Close Naumkeag. No Cost. 5. Close Naumkeag, open Market (Original Idea) City Cost - $61, 915. 00 + $23 , 545. 00 + $10, 000. 00 rubber = $95,460. 00 * Assumes C & NW & Mn/DOT will agree to this. New crossing disputes would have to go before an administrative law judge, since Mn/DOT has sole rule on new crossings. Existing crossing disputes go before the MTRB (not Mn/DOT) AGREEMENT THIS AGREEMENT, made and entered into by and between the CITY OF SHAKOPEE, MINNESOTA, hereafter called the "City" , and the CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY , hereinafter called "Company" . WITNESSETH: THAT, WHEREAS, the City desires to open a new grade crossing for the extension of MARKET STREET across the track and right of way of the Company as shown on the plan marked Exhibit "A" , attached hereto and made a part hereof; and WHEREAS , the Company is willing to grant the City the right to open the new grade crossing across its track and right of way in conjunction with the closing of NAUMKEAG STREET, and installation of flashing light signals at MARKET STREET and MINNESOTA STREET; and WHEREAS, the establishment and opening of said grade crossing across the track of the Company is solely for the public benefit ; and the City and the Company are willing to construct the crossing and install flashing light signals on a flat rate billing basis in the amount of $147, 375 .00 $23 ,545 - Blacktop grade crossing (Exhibit B ) and $61 ,915 - F.L . Signals a Market Street (Exhibit C) $61 ,915 - F.L. Signals a Minnesota St . (Exhibit D) as shown on Exhibits "B" , "C" and "D" , attached hereto and hereby made a part hereof; and WHEREAS, no assessment of benefit shall ever be made against the Company or its property in any amount to any extent whatever , arising from the opening or improving of said grade crossing . NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements hereinafter contained , the parties hereto agree as follows: - 1 - i ft • Ca., Il I %D i .. _,D dit 0 I I w._ 17.I.iv �— -Z:. _�q 47.60'N GI Ft ' MARkET f 0,16,1:A0t I STREET e.cglc.oa _ / I IC v.R •• I OR.IM H-a-CDA.LP, I - I I I .. i"sr - -.0- I. I — �cc— EC.0 D I c 11 * .- • 41 I A n �T o i 4 i ti�/ g g I + � 9�'% s — y /A. I D . 4 /C MINNESOTA If) 4 c.,STREET o I f a /" [^ T 0 a b I10 u I A< o / 7 • C. IP ov _ O I V Q ' { /Cy 1 v v 4 P 4 P u DAKOTA 0.11t12ICADELEI1.041.11lICAQe STREET , r I h I i' —_ ~ .0 I 1140• 0� D. O la , o I _ - a tr 4 a I + v I — y 41, C.n.IV-1L-t t3R,. P [234 I. P R A I R1 E •••Arr»E4 }•OSA RIC ADC STREET I - � - v�q0 LIMlT3 O O O { I �— -. I C. I oil o I. N `— 4 :I • ,, (O (s1 O :ii`i; o mlrl m o D: mI Z. I< C.X , ' I =: zr � 10 '-0 : . 9Li • mir I ai a.1 tn'w.f� '1 Niiii y P _ X r,- .. • O ,„• x I.2 m. _ ..rs real.�+<.sic��`�'ar7L 5,0 N Z =t I9'° _ - - - - - NA - - �•1 fd�t[M•,E,.M STREET CA 4.01; y iM 0-. m T. I 7•,t )F-.�: 0.a.r. .. 71-C LP. .� r N i �I y j Z. ,� IFi• 16 ,.t. r K. • . ,.t• 'E Ht. D O JI - O II - ----- — - NT / 3 J2 MEMO TO: DENNIS KRAFT, CITY ADMINISTRATOR FROM: DAVE HUTTON, PUBLIC WORKS DIRECTOR SUBJECT: JETTER PURCHASE DATE: MARCH 2 , 1992 INTRODUCTION Bids have been opened on the new sewer jetter truck and staff is requesting authorization to award the purchase to the low bidder. BACKGROUND On February 4 , 1992 the City Council of Shakopee authorized staff to advertise for bids for a new sewer jetter truck. The 1992 Sanitary Sewer Fund has $80, 000 budgeted in the Capital Equipment account for this purchase. On February 26 , 1992 bids were publicly opened for this equipment. A total of 3 bids were received as follows : VENDOR Total Bid Flexible Pipe Tool Co. $73 , 944 .00 Crysteel Truck Equipment 81 , 340. 53 (Chevrolet Truck ) Crysteel Truck Equipment 81 , 902 . 00 (Ford Truck ) Staff has reviewed the low bid from Flexible Pipe Tool Co. for completeness and conformance to the bid specifications and find that the bid is acceptable . Staff is requesting authorization to purchase the sewer jetter from Flexible Pipe Tool Co. of Wayzata, MN for a total cost of $73 ,944 . 00. ALTERNATIVES 1 . Approve the request. 2 . Deny the request. RECOMMENDATION Staff recommends Alternative No. 1 . ACTION REQUESTED Move to authorize the purchase of a sewer jetter truck from Flexible Pipe Tool Co. Wayzata, MN for the total amount of $73 ,944 .00 with funding provided by the Capital Equipment Budget of the Sanitary Sewer Fund. MEMO TO: DENNIS KRAFT, CITY ADMINISTRATOR FROM: DAVE HUTTON, PUBLIC WORKS DIRECTOR SUBJECT: NEW LOADER PURCHASE DATE: FEBRUARY 26 , 1992 INTRODUCTION Staff is requesting authorization to advertise for bids for a new front end loader. BACKGROUND The 1992 Street Division Budget has $80, 000 budgeted for the purchase of a new front end loader. The new loader will replace the 1975 Fiat-Allis loader which is 17 years old. The maintenance time and cost analysis for the Fiat Loader indicate that it is no longer acceptable for full time use. Attached are the specifications for the new loader for City Council consideration. The bid has been structured in two ways . There is a Total Cost Bid alternative whereby the vendor guarantees to repurchase the loader after 5 years . There is also an outright purchase alternative bid. Once the bids are opened, staff can then make a cost benefit analysis of both options to determine which is the most economical option. For the purchase option, the cost would be evaluated based on the maintenance costs over the life of the loader ( 15-20 years ) and all other operating costs . The last loader purchased by the City ( 1990 Case loader) utilized the guaranteed repurchase option. Staff believes that this will prove to be the most economical option for the City, but felt it would be better to do the analysis using actual bid prices rather than estimates . Scott County Highway Department utilizes the guaranteed repurchase method on all of their loader and grader purchases , also. One of the main disadvantages to this option is if the City fails to call in the repurchase of the loader after 5 years , the loader becomes the exclusive property of the City and actually costs more initially than an outright purchase. The bid opening is scheduled for March 31 , 1992 . Currently, there are 2 loaders in the Public Works Department. The 1975 Fiat and the 1990 case. Both loaders are vital to our snow plowing operations . The Case Loader has both a front plow and a side wing and can actually plow the same width as 2 trucks , thereby requiring one-half the number of passes . The Fiat just has a front plow and is also used for loading sand and salt into the trucks. During a plowing operation, the Fiat is initially used to load sand into all trucks and then the bucket is removed and replaced by the front plow. The Fiat then travels out to plow an assigned snow route . With the quick coupler system, it is quite easy to switch the bucket with the plow. The new loader being bid also includes a wing attachment, in addition to the front plow. The City will then have 2 loaders with wings , which will further make the snow plowing operations quicker and more efficient. The loaders also do a much better job on cul-de-sacs due to their short turning radius which is important because the number of cul-de-sacs is Shakopee continue to grow annually. Unfortunately, installing the wing requires 3 employees and takes about 15-20 minutes or about one man-hour. The front plow can be installed by one operator in a matter of a few minutes . It would be extremely inefficient to try and utilize either of the 2 new loaders to load sand into the trucks . Quite often, the Fiat must return to the yard several times during a storm to re- load trucks with sand after they are empty. There is a good chance that the new loaders may even be out in the rural subdivisions because of the large number of cul-de-sacs in those areas . Because the wing would need to be removed in order to load sand using the bucket, there would be a minimum of 1 man- hour ( 3 employees for 15-20 minutes ) lost plus any travel time each time the trucks need additional sand. Because of that, staff would like to propose retaining the Fiat Loader rather than trading it in. Staff has investigated trade-in value and had determined that it is worth only $10-15 , 000 for a trade-in, making the benefits of doing this questionable. If it were traded in there may be the need to purchase another piece of equipment to assist in loading sand. In staffs opinion, it would be difficult to purchase anything for that kind of money, even used loaders . Another bobcat for loading the sand would cost about $20-25 ,000 (Note: our existing bobcat cannot reach the truck boxes ) . In addition to the winter operations , there are many other uses for the Fiat while the other loaders are in use. For instance, the Park Division currently does not have a loader and quite often needs one for working in the parks ( i .e. landscaping, grading, constructing , etc. ) . Quite often both of the loaders are in use by the Street Division resulting in postponing the Park operations until a loader is available. The Fiat has even been used for assisting the Fire Department during certain fires or cleaning up highways after accidents of spills at the request of the Police or State Patrol . Staff feels that these types of uses would best be served by using an older loader than the new ones that will be resold back to the vendors. The Fiat is basically paid for and the only costs to the City for retaining it would be the insurance and maintenance. The Finance Director indicates that the annual insurance premium for the Fiat is about $75 per year. The annual maintenance costs could be kept at a minimum since it would not be considered a full time loader. Staff recommends retaining the Fiat due to its low trade-in value, low annual cost to the City, ability to increase efficiencies in the snow plowing operations , and for use as a backup loader by other departments when the active loaders are all in use. ALTERNATIVES 1 . Authorize staff to advertise for bids for a new loader as outlined in the specifications (using both the guaranteed buyback option and outright purchase option) . 2 . Authorize staff to advertise for bids for a new loader using only the guaranteed buyback option. 3 . Deny the request to advertise for bids . 4 . Direct staff to revise the bid to include a trade-in value for the old Fiat loader and authorize the bids . RECOMMENDATION Staff recommends Alternative No. 1 . ACTION REQUESTED Move to authorize the advertisement for bids for a new front end loader as outlined in the attached specifications . CITY OF SHAKOPEE NOTICE OF ADVERTISEMENT FOR BIDS FOR ONE ( 1 ) NEW FRONT END LOADER BIDS CLOSE MARCH 31 , 1992 NOTICE IS HEREBY GIVEN: The City of Shakopee will receive sealed bids at the office of the City Clerk until 2 :00 P.M. , on March 31 , 1992 at which time they will be publicly opened in the Council Chambers of the City Hall , 129 East 1st Ave. , Shakopee, Minnesota 55379 , by the City Clerk, Public Works Director or their designee, and will then be tabulated and will be considered by the Council for: ONE ( 1 ) NEW FRONT END LOADER according to the specifications on file in the office of the City Clerk, 129 East 1st Ave. , Shakopee, Minnesota 55379 or the Public Works Director, 500 Gorman St. , Shakopee, Mn 55379 . Bids must be sealed and clearly marked on the envelope "Bid on Front End Loader" . Each bid must be accompanied by a cash deposit , certified check, cashiers check or bid bond acceptable to the City in the amount of five ( 5%) percent of the total bid amount, payable without condition to the City of Shakopee. In case the successful bidder fails to enter into a contract or to provide a performance bond as required by law within the specified number of days after the award of the contract , such check shall be forfeited to the City as liquidated damages . The City of Shakopee reserves the right to reject any and all bids and to waive any informalities or irregularities in bidding, and to determine whether a bid is in the best interest of the City. By order of the City Council : JUDITH S . COX CITY CLERK INSTRUCTIONS TO BIDDERS 1 . GENERAL A. INTENT OF CONTRACT It is the intent of these specifications to describe a new Front End Loader and shall be of the manufacturer' s latest model and design. It is the intent of the City not to be restrictive to any one manufacturer, however, the unit desired must meet the enclosed standard, and any unit furnished which does not comply with the specifications will be rejected and returned to the bidder. To gain consideration as an "approved equal" , the prospective bidder must make a similar machine available to the City during that period so the City can evaluate it' s 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 the machine intended to be considered as an "approved equal" . Following review of the machine and information furnished, the City will notify the prospective supplier if the machine can be classified as an "approved equal11 , and whether it meets the specifications . This notification be given at least two days prior to the opening of the bids . All units bid shall be current production model machines furnished as specified and ready to operate. All parts required for a complete unit and necessary for safe operation shall be furnished. It shall be equipped with the equipment and published literature for the unit. The complete unit as furnished shall meet all current federal highway safety standards and all current OSHA requirements. Catalog information showing the make, model and compete specifications of the unit the bidder proposes to furnish shall accompany the bid. If the bidder's proposal is not in strict accordance with these specifications, the bidder must so indicate and describe any deviations in his proposal . B. WARRANTY The successful bidder shall guarantee the unit and appurtenances for a period of at least 1 (one) year from the date of delivery. Any manufacturers warranties which exceed the 1 year period shall also apply. All warranties proposed by these specification and proposal shall apply where applicable. The supplier shall guarantee the machine against defective materials and/or workmanship. Any material found defective within the guarantee period shall be replaced at the manufacturer' s expense including labor. 2 C. SERVICE The bidder shall state in his proposal the location of the nearest stock of repair parts or serviceman who may be called if required. D. DELIVERY The successful bidder shall deliver the complete unit ready for operation to the Public Works Department, 500 Gorman St . , Shakopee, Minnesota. Bidder shall state delivery date or delivery under this contract must be made within seventy five ( 75 ) days following contract award. E. PAYMENT Payment will be made within 30 days following acceptance of the equipment received. F. NON-DISCRIMINATION The contractor shall be in compliance with all applicable federal and state statutes regarding non-discrimination and equal employment opportunity. Failure to comply with such statutes and/or affirmative action program may lead to the non-award of the contract or once a contract has been let, the cancellation of such contract. G. TAX EXEMPTION The City of Shakopee is an instrumentality of the State of Minnesota and is therefore not subject to the State sales tax or Federal excise tax. Appropriate certificates shall be furnished if required. H. IN SERVICE TRAINING A trained factory representative shall provide the City with training and instruction in the operation and maintenance of the unit at no cost to the City. I . MANUALS The successful bidder shall furnish the City with: 2 operator' s manuals lubrication chart 2 parts manuals 2 complete service and repair manuals 3 J. AWARDS Award of contract by the City of Shakopee will be based upon but not necessarily limited to the factors on ( 1 ) Price; ( 2 ) Parts and service; ( 3 ) Analysis and comparison of specifications details ; ( 4 ) Delivery date; and ( 5 ) Past experience with similar or related equipment . There are 2 Bid Proposal forms . One is for a Total Cost Bid with a guaranteed 5-year repurchase price and the second is for outright purchase. Once all bids have been received the City Council of Shakopee will do a cost-benefit analysis to determine which bid alternative should be selected. An interested bidder can bid on one or the other schedule or both, if desired. It is the intent of the City of Shakopee to award the bid to the lowest responsible bidder meeting the specifications, provided that the bid has been submitted in accordance with the bid requirements . The City reserves the right to waive any informality or irregularity in any bid received; and to award the bid which is in the best interest of the City. Bids will be opened on March 31 , 1992 in the Council chambers at City Hall at which time they will be reviewed, tabulated, and considered by the Council for award the following scheduled Council meeting date. K. BIDS Proposals or bids must be written and conform to the form hereto attached and directed to the City of Shakopee, Minnesota. All bids must be sealed and marked BID ON FRONT END LOADER" and must be accompanied by a certified check, cashier' s check, bid bond or cash deposit payable to the City of Shakopee, in an amount of five ( 5%) percent of the total bid price. In case the successful bidder fails or refuses to enter into the contract for the performance of the contract and to give bond as required by law, such check shall be forfeited to the City as liquidated damages . The bidder shall not stipulate in his proposal any conditions not contained in the contract conditions prescribed by the City. The City reserves the right to hold all bids for ninety (90 ) days . The bidder will also be required to provide a Performance bond to provide a guarantee to Repurchase the machine as required in the proposal form. 4 BID SPECIFICATIONS ONE ( 1 ) NEW ARTICULATED WHEEL LOADER INTENT OF CONTRACT: Furnish and deliver to the City of Shakopee, Public Works Department one ( 1 ) new Front End Loader meeting or exceeding the specifications in this proposal . It is also the intent of the City of Shakopee that this new loader be identical to out current loader, Case 621 , as far as the hydraulics, valves, controls , coupler system, etc . The reason for this is for safety and ease of operation for all operators from one machine to the other. Interested bidders will probably need to inspect the current loader prior to submitting a bid. The City Mechanic should be contacted for appointments . Any bidder who has not pre-inspected the existing loader may have their bid rejected. GENERAL SPECIFICATIONS : Unit bid shall be currently advertised and produced models with all the latest changes and features offered as standard whether called for in these specifications or not, except where specifications call for a substitute feature or item in lieu of manufacturer' s standard. WEIGHT: The basic operating weight of the machine, including attachments and ballast, shall not be less than 22 , 000 lbs . Minimum static tipping load-straight - 15 , 000 lbs . Minimum static tipping load- full turn - 13 , 000 lbs . Provide with Manufacturer's standard bolt-on counterweights ENGINE: Shall have the following specifications : Displacement: Not less than 300 cu. in. Cylinders : Not less than 4 Cycles : Four ( 4 ) Gross horsepower: 110 minimum Fuel : Capable of operating on #2 Diesel Air Cleaner: Safety element dry-type 2-stage with service indicator Muffler: Low noise type. Rain cap on exhaust stack if discharged vertically Starting aids : Low temperature assistance Heater: Electric engine coolant blockheater. 110 volt. Anti-freeze : To -40 degrees F. Thermostaticly controlled inline heater or fuel heater, if possible. TRANSMISSION: Shall have the following preferred specifications : Type: Planetary full power shift 5 Speeds : Not less than four forward, four reverse Travel speed not less than 20 M.P.H. FINAL DRIVES : Shall have the following preferred specifications : Drive: All wheel Reduction: Planetary in each wheel DIFFERENTIAL: Conventional AXLES : Front-fixed, rear oscillating BRAKES : Shall have the following preferred specifications : Type: 4 wheel caliper disc air over hydraulic or full air Adjustment : Self-adjusting Pedal control : Double-one neutralizes transmission and stops unit; second has normal braking action with transmission engaged. Parking brake: Shoe type -location: Transmission output shaft Emergency brake: Parking brake type -warnings : Audible & visual OSHA: Brake system must meet regulation Air dryer: Required with air or air/hydraulic brakes STEERING: Shall have the following preferred specifications : Type: Articulated full hydraulic . 40 degrees articulation. Follow-up: Provided "automotive feel" at any speed Lubrication: Hinge points of cylinders to have 250 hour lube intervals Articulation joint:Fully covered under 5-year warranty Tracking: Rear and front wheels track at all times Wheel : To be adjustable fore and aft Steering Angle : 40 degrees each side of center minimum HYDRAULICS: Shall have the following preferred specifications : Type: Sealed with valves in reservoir Filter : Full flow with 10 micron filters and/or magnet Cylinder: All boom and bucket cylinders to be double acting with chrome plated piston rods . Boom lift cylinders to be not less than 4 1/2" diameter bore . Valves : Machine must have 4 main control valves and 2 electric control valves . All hydraulics shall be the same as those on city' s existing loader. 6 Cycle time : Not more than 11 .8 seconds Breakout force : Not less than 20 , 500 lbs . DUMPING CLEARANCE: Shall be as follows : @ 45 degrees Dump: Not less than 106" at full height Height: At hinge pin fully raised not less than 138" CONTROLS : Shall have the following preferred specifications : Lift circuit : Raise, hold, lower and float positioners with automatic lift kickout Tilt circuit: Roll back, hold and dump positions with automatic bucket position Supply single control lever ( joystick ) for bucket and boom function. There should be a electric over hydraulic switch at top of this joystick for other hydraulic functions . For other functions there shall be another single control lever ( joystick) and again at top of control lever, an electric switch controlling another hydraulic function. Both electric functions will be for wing and/or plow and shall have a cut out switch on instrument panel , making these non functional in off season. All these control shall be switched or moved in the same direction as those on the city' s current loader making operation the same and simple for the operators . LIFT ARMS : Loader linkage shall be sealed against dirt and have 100-hour lubrication intervals ; except lower bucket pins and bushings will have 50-hour lubrication intervals . FENDERS : Front and rear wheel fenders required. TIRES : Shall be as follows : Size: 17 . 5 R 25 Michelin XRATI directional tread, or approved equal . Addition: 75% calcium chloride added to rear tires ( only) CAB: Shall have the following preferred specifications: General : OSHA approved, all weather, ROPS ( fully enclosed with lockable door on left side, lockable door or window right side. Cab and operator shall be located on the rear section module. Heater: 35 , 000 BTU/Hr minimum, heavy duty type Air: Factory installed air conditioning Defroster: Front and rear, provide interior circulating fan for auxiliary air distribution. Wipers: Front and rear, electric multi speed intermittent wipers ( if possible) Washers : Front and rear Seat: Suspension adjustable seat with seat belt 7 Horn: Air horn Glass : Tinted glass , safety type set in rubber Mirrors : One installed inside of cab. Two installed outside - right and left side. Fuel Tank: 38 Gallon minimum Radio: AM-FM radio factory installed ( if possible) Noise: Cab must be soundproofed, not to exceed 80 dbs . Tool box: Provide mounted tool box. Radio: Install a 2-way FM low-band Motorola MaxTrac 100 60 watt output radio with proper voltage convertor. Frequency of 45 .080 MHZ with Private Line & antenna and H.D. mike. This radio should not be included in the 5 year repurchase agreement price. PAINT: Manufacturer's standard color ELECTRICAL SYSTEM: Shall incorporate the following requirements : System: 24 volts Alternator: 50 amp. minimum Batteries : 172-amp. hour, heavy duty Lights : Two headlights - chassis mounted Two headlights - cab mounted Two rear work lights with switch to able lights to be turned on/off on instrument panel . Stop and tail lights - each side Front and rear turning signals with 4-way flashers Cab dome light Instrument panel light Blue strobe, top cab mounted, Warn-a-Lite 851 or approved equal with cage around light for protection. COUPLER SYSTEM: The machine shall be equipped with American coupler linkage system providing quick change ( 30 seconds or less ) of attachments without leaving the cab. Must provide good visibility for attachments specified. The coupler shall have hydraulic or air activated retention pins that are activated from the operator's compartment. American coupler system must match those on city's existing loader and equipment and must be mounted. ATTACHMENTS : Must have an American female quick coupler and the following preferred specifications : Bucket: 2 . 5 cu.yd. American Coupler bucket with spill shield and bucket position indicator and American coupler system to match loader. Edges : Bucket edges must be bolt-on type and guaranteed against breakage. Wear plates must be easily replaced. 8 OPTIONS : A. One Craig Reversible Snowplow Model 6973 (H) and one Craig Wing/Mast/Hydraulic adjustable rear brace and other necessary parts , Model 200-10 , mounted to American coupler and to match coupler system on city's existing loader. Provide hydraulic valves hoses and controls to match and be mounted the same as those on cities existing loader. B. Adjustable material handling fork. (Standard Fork Size, 30 A.E.S . ) Maximum fork load 10 , 000 lbs . or equal , to be mounted on American coupler to fit cities existing loader coupler. C. Heavy Duty Asphalt cutter, Model 150QE or equal , to be mounted on American coupler to fit cities existing loader coupler. ACCESSORIES : Shall be equipped with the following: Gauges : Engine hour meter Engine coolant temperature Engine oil pressure Transmission oil temperature Brake indicator eye Ammeter Air pressure Fuel pressure Brake indicator eye Fuel level gauge Filters: Full flow - engine Full flow - fuel Electric Back-up Alarm Slow moving vehicle sign Drawbar Vandalism protection locks for fuel , water, hydraulic and engine oil , all access doors Weights : Bolt on counterweights ( standard manufacturer' s ) Mounted 5 lb. fire extinguisher Tire inflation kit Mounted Tool box. MANUALS : Two operator' s manuals; two complete shop repair manuals of all components ; two parts books . Manuals to be delivered to the City before final payment will be made. MANUFACTURER'S SPECIFICATION: A complete set of manufacturer's specification and illustrated descriptions shall be furnished with the bid. GUARANTEED MAINTENANCE: The vendor contractor hereby agrees to furnish all parts and labor required to keep this unit in good operating condition for 5 years or 6 ,000 hours , whichever comes first, for any amount in excess of the cost specified in Item #4 of the proposal . In addition, the warranty repairs shall be 9 handled as follows : There will be no charge for the first year' s repairs except for normal day-to-day consumed items ( oil , filters , grease, etc. ) The guaranteed maintenance expense for the period following the first year of ownership up to and including the fifth ( 5 ) year of ownership or 6 ,000 hours, whichever occurs first, will be paid by the vendor-contractor for any amount IN EXCESS of the amount shown in Item #4 of the proposal except as follows : The City will be responsible for all costs of repair due to: fire theft operator negligence vandalism accident mechanic negligence In addition, the City will assume and be responsible for the costs of: tires lubricating oils tire repairs anti-freeze cutting edges filters grease glass breakage fuel alternator electrical parts brake linings and other day-to-day items normally consumed Components which are covered by the dealer' s guaranteed maintenance agreement shall include the following : engine turbocharger or blower transmission regular brakes emergency brakes differentials steering system torque convertor final drives wheels hydraulic system controls lines articulation joint frames cab bucket draw bar lift arms tank valves hoses and any other specified attachments. . Any costs as a result of shipping the machine (or parts thereof ) to or from the vendor' s shop for maintenance or repair will be borne by the vendor after the amount shown in Item # 2 has been exceeded. MAINTENANCE: The City of Shakopee agrees to provide such preventative maintenance and daily and monthly services as described by the manufacturer. DOWNTIME: Throughout the five-year period, if the City selects the Total Bid Option, the vendor-contractor agrees to furnish at 10 no cost to the City of Shakopee after any continuous 72-hour period of inoperation of this unit (due to need of mechanical repairs ) a unit in good operating condition equivalent to the unit called for herein, until the unit is repaired and in operation. Should the contractor fail to provide a unit acceptable to the City of Shakopee, the contractor hereby agrees to credit the City of Shakopee $60. 00 per hour for all downtime after the period cited above. Any unit furnished or any monies credited are not to be construed as a penalty, but as liquidated damages to compensate for additional costs incurred by the City of Shakopee. SERVICE FACILITIES : The bidder will certify that he maintains an adequate stock of parts and employs qualified servicemen within the area available on short notice. Bidders shall submit detailed specifications or listings of all machine support capabilities . Listing shall include, but not be limited to, field service support, available shop space, technical tools , parts backup system, training, etc. TRAINING PERIOD: The contractor agrees to provide a training program for City of Shakopee employees in sufficient scope to assure efficient and economical performance and maintenance of the equipment . REPURCHASE: The City of Shakopee retains the right to sell or trade or otherwise dispose of the equipment, purchase under the contract, at its discretion at any time. Should the City of Shakopee decide to sell or trade this equipment during the five ( 5 ) year period, the contractor hereby agrees to submit a bid in any amount not less than the repurchase price set forth in his bid on this contract. Should the City of Shakopee trade or otherwise dispose of the equipment, such action will make this contract null and void for the machine. The repurchase amount shall not include the Craig wing, front plow, forks , asphalt cutter and mast and American coupler, this item shall remain the property of the City of Shakopee. TIRES : The City agrees to maintain the tires on the unit and to be liable for any tire damage beyond normal wear. Tires , at the expiration of the five ( 5 ) year period will be, at the least, suitable for recapping. If not suitable for recapping, the Contractor may deduct , from the guaranteed re-purchase price, the difference between the actual value of an equal number of recappable tires , at the City's normal price. BID BOND: The successful bidder will be required to furnish a BID BOND in the amount of 5% of the total bid price. This bond shall be in the form of a cashiers check, certified check, bid bond or cash deposit payable to the City of Shakopee. PERFORMANCE BOND: The successful bidder will be required to 11 furnish a PERFORMANCE BOND in the amount of the repurchase price on his bid, of this proposal , in favor of the City of Shakopee against any breach of the contract. The bond will remain in effect for the entire contract period to assure performance of all conditions of this contract. BASIS OF AWARD: Award of the contract by the City of Shakopee will be based on either the Total Cost Bid Option or the Direct Purchase Option, after the cost-benefit analysis is done. One or more of the attachment options may be selected with budgetary constraints . However, delivery date, parts and service facilities , analysis and comparison of specification details and past experience of the City of Shakopee shall be considered in arriving at the decision of what constitutes the best bid. The City reserves the right to reject any or all bids and to award to other than the lowest bidder if, in its judgement, the best interests of the city of Shakopee are thereby served. Only firm prices F.O.B. Shakopee , Minnesota, will be considered. DELIVERY: Delivery must be within 75 days of award or the vendor-contractor must furnish a similar size machine , in good condition, for City of Shakopee use until delivery is made. 12 CITY OF SHAKOPEE TOTAL COST BID BID PROPOSAL FORM #1 1 . MAKE & MODEL OF EQUIPMENT BEING BID: MAKE MODEL PURCHASER PAYS ONLY THIS AMOUNT $ 2 . GUARANTEED MAXIMUM REPAIR COST for 5 years or 6 , 000 hours , whichever occurs first. The agency pays for only repairs needed up to the maximum which SHALL NOT EXCEED: TOTAL ITEM # 2 $ ( + ) 3 . GUARANTEED REPURCHASE at the end of 5 years or 6 , 000 hours (Bonded Repurchase) TOTAL ITEM # 3 $ ( - ) 4 . TOTAL COST BID ( Item #1 , plus Item #2 , less Item #3 . ) $ This total will determine the best total bid available to the City for a contract length of 5 years or 6 , 000 hours . 5 . OPTIONS : (Do NOT include in 5-year guaranteed repurchase agreement. ) A. One Craig Reversible Snow Plow Model 6973(H) and One Craig wing/mast model 200-10 with quick coupler system equal to current City system. $ B. Adjustable handling forks . $ C. Asphalt cutter model 150QE or equal $ TOTAL OPTIONS $ DELIVERY DATE DAYS AFTER AWARD NOTE: Bidder must bid on all items and will be paid only Item # 1 . Total Cost Bid ( Item #4 ) will determine the bid which would be in the best interests of the City. Failure to bid on all items will disqualify bid. NAME OF BIDDER ADDRESS SIGNED BY (Title ) DATE 13 • CITY OF SHAKOPEE DIRECT PURCHASE BID PROPOSAL FORM #2 1 . MAKE & MODEL OF EQUIPMENT BEING BID: MAKE MODEL TOTAL BID $ 2 . OPTIONS : (Do NOT include in 5-year guaranteed repurchase agreement. ) A. One Craig Reversible Snow Plow Model 6973(H) and One Craig wing/mast model 200-10 with quick coupler system equal to current City system. $ B. Adjustable handling forks . $ C. Asphalt cutter model 150QE or equal $ TOTAL OPTIONS $ D. GUARANTEED MAXIMUM REPAIR COST for 5 years or 6 ,000 hours , whichever occurs first. The agency pays for only repairs needed up to the maximum which SHALL NOT EXCEED: TOTAL ITEM "D" $ (+ ) DELIVERY DATE DAYS AFTER AWARD NOTE: Total Bid ( Item #1 ) will determine the bid which would be in the best interests of the City. Failure to bid on all items will disqualify bid. NAME OF BIDDER ADDRESS SIGNED BY (Title ) DATE 14 CONSENT Memo To: Dennis R. Kraft, City Administrator From: Gregg Voxland, Finance Director Re: Mileage Reimbursement Date: March 5, 1992 Introduction The city currently reimburses employees for the use of their personal car for city business at the rate of $.275 per mile. Background The IRS has issued revised regulations on the use of vehicles and revised the mileage allow to $.28 per mile. Therefore, staff recommends that the City set the reimbursement rate for business use of personal cars at $.28 per mile effective March 1, 1992 . The rate of $. 28 is the cutoff set by IRS. Several things are accomplished by keeping the rate within IRS guidelines. 1. ) The city does not have to compute and withhold FICA on any overage. 2. ) The city saves the staff work involved in sorting through the vouchers for employee travel and subsistence reimbursement. 3 . ) The employee is saved the trouble of having to file the extra forms with their income tax return documenting business use of their car and avoids any question of the necessity of keeping a log of business miles for their personal car. Alternatives 1. ) Keep mileage reimbursement at $.275/mile. 2 . ) Set mileage reimbursement at $.28/mile. Recommendation Alternative No. 2 . Action Requested Move to set the mileage reimbursement rate for the use of personal vehicles for city business at $28/mile effective March 1, 1992 . 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L ON 0 O 1~r N INS N P '1 0 N N N N) 4 0' -4 O i -4 --I O O O O 0 I-' I--, C 1-, I-, I-, 1--, 1-' I-, ,Y Z • . • I I H I--' N I--' H I-, • (DCD 0 1-, I-, I-, I-, I-, I-, a £ 0 1-3 n rn co > c+ K a o' ~ t� ac 0 a I-, ° �� a a O w N O O O 5 c+ O O O\ O O O O O - O O O W c+ C) a . C) % o > C - 0 '1 CD z Eft C) 'i Imo• 0 0 a � vii C) N r �' 1 ro \O a Octcr R° CD N a W IIVV N C aa)) CC) '1 al O ON O 0 tzi Qq 0 [i] 7J ww w w w w CZ ~ -4 -I -4 -4 -4 - x I--, 1-' I-, F-+ N I-, N VO �O CO -3 ON "n O� (3D CZ/) '1 P C) c+ "0 W C) lD 0 o z` c c a 0 n CD co "I W 0. 0 C Cl) a c+ H tri CD CD ,r] 3 C) C Z C) 0' r• • O 't3 0 c+ • 0 I--, C) • a vO N I-, w I , W O\ ON 7 N N O O O O ON O 0 0 0 4- 0 0 0 CONSENT / 5,4t: MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorne ! DATE: March 3 , 1992 RE: Criminal History Information Access Agreement BACKGROUND: This year the County Attorney' s office ceased to prosecute gross misdemeanors occurring inside the City of Shakopee. Our office has therefore began to prosecute the repeat-offender DWI 's, repeat-offender assaults, and other gross misdemeanor defendants. In order to prosecute a repeat offender as such, we have to prove to the Court that this person has indeed done this crime before. This requires that we (1) find out about the previous crime, (2) obtain a certified copy of the court papers from the pervious conviction, and (3) show these to the Court in the new case. The only effective way to find out about previous crimes is to check the defendant' s computerized criminal history. The criminal history computer is controlled by the Minnesota Department of Public Safety. To prevent unauthorized access to the computer, only people who enter into an Access Agreement are allowed to get or see the criminal history data. In order to prosecute effectively, we need to enter into this Access Agreement. REQUESTED ACTION: Authorize the appropriate City officials to enter into the attached Computerized Criminal History Information Access Agreement. [4MEMO] STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY COMPUTERIZED CRIMINAL HISTORY INFORMATION ACCESS AGREEMENT This Amendment to the Criminal Justice Data Communication Network Users Agreement is entered into on by and between the State of Minnesota. the Department of Public Safety hereinafter called "DPS" and Shakopee City Attorney a Minnesota Criminal Justice Agency hereinafter called the"Agency. This agreement details the obligations and requirements placed on the Agency that is connected to the State's Criminal Justice Data Communication Network and who will have access to the Computerized Criminal History Information or may acquire Criminal History Information through a third party who has direct access to Criminal History Information through the Criminal Justice Data Communication Network. With respect to criminal history record information and related information as maintained and/or provided by DPS, it is agreed that: 1. DPS is the control terminal agency in the Federal Bureau of Investigation National Crime Information Center(FBI-NCIC)system and the National Law Enforcement Telecommunications System(NLETS),Inc.and shall furnish to a Criminal Justice Agency such criminal history record information and other related information as is available from the DPS,through the FBI-NCIC, and through the NLETS. 2. No agency shall furnish to another agency information from its own files which is also maintained by DPS, FBI-NCIC, or another agency as authorized by Minnesota State or Federal statute, or information obtained by it without first querying the designated agency for the most recent information; provided that this section shall not apply to (a) automated Criminal History Information if DPS notifies the disseminating agency that it is technically incapable of responding; or (b) the furnishing of information for the sole purpose of processing a charge through the criminal justice system and it is clear under the circumstances that no disposition has occurred and the information as furnished relates only to the charge in process; or (c) dissemination of information received from DPS within the previous 48 hours. 3. The Department of Public Safety reserves the right to suspend furnishing Criminal History Information when any rule,policy,or procedure has been or appears to have been violated. The Department may reinstate the furnishing of Criminal History Information upon receipt of satisfactory assurances that such violation did not occur or has been corrected. 4. Batch reports and other hard copy products containing Criminal History Information are to be outputted only on printers within the Agency. All Criminal History output documents must be transported,handled, and stored only by Authorized Employees. The Agency is responsible for the correct and legal dissemination and use of all data and records it receives. 5. The Agency must maintain a log for all III inquiries. This must include the name of the 1 individual receiving the response, the information received and the date the information was received. These logs must be maintained for at least one year from the date of the inquiry. 6. III data and records cannot be used for licensing or noncriminal justice employment purposes unless specifically authorized by Federal Statute. 7. An individual's right to review and challenge of his/her own record is an integral part of the system. Appropriate identification, including fingerprinting, of the individual may be required before any Criminal History Information can be disseminated to the individual. The fingerprints in the record on file may be compared to those of the individual to verify he/she is who they purports to be. II. PERSONNEL: 1. The Agency will make criminal history checks on all employees that will have access to Criminal History Information. An employee who is not cleared must not have access to the Criminal History Information, only Authorized Employees will have access to Criminal History Information. 2. The Agency agrees to initiate, at the request of State, disciplinary action up to and including termination of personnel having access to Criminal History Information systems where such persons violate the provisions of this agreement or other security requirements established for the collection,storage,or dissemination of Criminal History Information. The Agency will assist in the criminal prosecution of such individuals when Federal or State laws have been violated. 3. Personnel assigned by the Agency receiving Criminal History Information as terminal operators will be provided system training by the Department of Public Safety. III. ADDITIONAL TERMS: 1. Changes to this agreement amendment may be introduced by either the State or the Agency. The modifications will not become effective until an addendum to this agreement amendment has been signed by both parties. 2. This agreement amendment will become effective when signed by the State and the Agency. The agreement and any addendum will remain in effect until written notification is received to the contrary. Both DPS/BCA and the Agency may, upon 30 days written notice, terminate this agreement. IV. DEFINITIONS: 1. Authorized Employee. An employee who has been granted clearance by the Agency thereby allowing access to Criminal History Information. The Agency in granting the clearance must have done a criminal history check on the employee. 2 . Criminal Justice Agency, This will have the same meaning as contained in"Title 28" of the"Code of Federal Regulations" or subsequent federal or State law or regulations which may supersede "Title 28". 2 3. Criminal History Information, This will have the same meaning as contained in"Title 28" of the "Code of Federal Regulations" or subsequent federal or State law or regulations which may supersede "Title 28". 4. Criminal Justice Data Communication Network. The network,including the equipment,circuits, facilities, procedures, agreements, and organizations thereof, for the collection, processing, preservation, or dissemination of criminal justice information, and may include related systems that directly contribute to the criminal justice information system. 5. III. The Interstate Identification Index. The FBI-NCIC Interstate Identification Index contains individuals names,aliases,physical description,identifying numbers,fingerprint classification,and location(s) of criminal history record(s). 6. NCIC (National Crime Information Center).. A division of the Federal Bureau of Investigation of the U.S.Department of Justice which maintains a nationwide computerized information system established as a service to all criminal justice agencies - local, state, and federal. NCIC's main purpose is to assist the criminal justice organizations in performing their duties by providing a computerized filing system of accurate and timely documented information, readily available to each criminal justice organization. 7. NLETS (National Law Enforcement Telecommunications System). NLETS is an incorporated, non-profit organization whose purpose is to provide a nationwide criminal justice data communications system. V. ACKNOWLEDGEMENTz As the individual responsible for the Agency, I hereby acknowledge the responsibilities and duties as set forth in this document as well as those documents incorporated by reference. I acknowledge that these responsibilities and duties were developed and implemented to ensure the reliability, confidentiality, accuracy, timeliness and completeness of Criminal History Information. I further acknowledge that failure of this Agency to comply with these duties and responsibilities will subject this Agency to various sanctions including the termination of access to Criminal History Information. Agency Date Department of Public Safety Date 3 /3 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Directo SUBJECT: Comprehensive Sanitary Sewer Plan DATE: March 4, 1992 INTRODUCTION: Staff is requesting authorization to increase the Scope of Services for the Comprehensive Sewer Plan contract. BACKGROUND: In April, 1991, the City Council of Shakopee directed staff to solicit RFP' s to hire a consultant to prepare a Comprehensive Sanitary Sewer Plan. In August, 1991 the City Council selected the firm of Short-Elliott-Hendrickson, Inc. (SEH) to do this project and in October, 1991 the contract was executed with SEH after negotiating the specific Scope of Services and estimated fees. The Scope of Services for this project consisted of 4 areas, as follows: 1. Comprehensive Sanitary Sewer Plan and 20-year MUSA Expansion Plan. 2 . Update the Inflow-Infiltration report done in 1982 . In that report, the River District was the only one out of 9 sewer districts that was identified as having an I/I problem. 3 . Prepare a feasibility report for the South Shakopee Interceptor. 4. Review MWCC issues and develop alternatives regarding Lift Station L-16 and Interceptor Line 7023 . The contract indicates that they will complete this work for a not- to-exceed figure of $110, 000. 00. The Sanitary Sewer Enterprise Fund is funding this project. This memo addresses Item No. 2 listed above in the Scope of Services. At the time the Scope of Services was put together, it was not anticipated that the River Interceptor would need to be televised to complete the Inflow/Infiltration Study. It was felt that if televising were needed, it could be done by City crews utilizing the City television equipment. Once the consultant was retained and the specific planning for completing each phase of the project was initiated, it became quite clear that the River Interceptor would need to be televised to complete the I/I study in order to look for cracks, offset joints and other areas of infiltration. Staff then became aware that the City's televising equipment cannot televise the River Interceptor due to the extremely high flows and rough terrain. In fact, the City has never been able to televise this interceptor or clean it for that matter. In researching the previous televising records done by a testing company, it was discovered that the last time this line was televised was in 1977 (15 years ago) . At that time, the City did not request a tape of the televising, but rather just the inspection log books. Given these two facts, staff feels strongly that the River Interceptor should be re-televised as part of the I/I study being done by the consultant. Also, in order to adequately televise the line and be able to visually inspect the interceptor for infiltration or structural deficiencies, it really should be cleaned first. To the best of maintenance crews knowledge, this line has never been cleaned. The City's consultant has solicited bids for 3 sewer televising firms. The 3 bids are summarized in the attached letter from SEH, along with their recommendation to utilize the firm of Solidification, Inc. to do this work for an estimated cost of $15, 480. 00. Staff concurs with the recommendation and the reasons behind it. The bid was structured to include televising with or without cleaning the line first. Based on the advantages/disadvantages of both options, staff is recommending that the cleaning be done also. Rather than the City entering into a new contract with the televising firm, staff is proposing to increase the consultant' s not-to-exceed fee to cover the costs of adding this work to the project scope. As indicated in the consultant's letter, adding in a contingency amount and an estimate of engineering fees, the estimated cost to complete this work is $19, 000. 00. SEH is requesting a contract extension for $20, 000. 00. The actual amount paid will be based on actual hours spent on the project and the above figure merely represents an estimate and would eliminate the need to return to the City Council for approval of minor cost overruns. The contract extension would be funded from the Sanitary Sewer Fund and would increase the total contract from $110, 000. 00 to $130, 000. 00. Because the televising is required to be done this spring while the river is highest (to observe the greatest infiltration) it is desirable to authorize the additional work as soon as possible. ALTERNATIVES: 1. Approve of the request to increase the consultant contract from $110, 000.00 to $130, 000.00 to include the additional fees for cleaning and televising the River Interceptor. 2 . Deny the request. RECOMMENDATION: Staff recommends Alternative No. 2 . ACTION REQUESTED: Move to authorize the appropriate City officials to execute the attached letter agreement from Short-Elliott-Hendrickson, Inc. to increase their contract for the Comprehensive Sewer Plan by $20, 000. 00 for the purposes of televising and cleaning the River Interceptor, with funding for this to come from the Sanitary Sewer Enterprise Fund. DH/pmp SEWER ENCINEERS I ARCHITECTS I PLANNERS 3535 VADNAIS CENTER DRIVE,57 PAUL,MINNESOTA 55110 612 490.20CC March 2, 1992 RE: Shakopee, Minnesota Comprehensive Sanitary Sewer Plan SEH File No. 92056 Mr. David E. Hutton Public Works Director/City Engineer City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 Dear Dave: As discussed at our last meeting on February 20, 1992, we have prepared this letter of recommendation regarding the televising of the river trunk sanitary sewer. The three estimates which we received for this work are summarized in the table below: Approximate Approximate Price for Televising Price For Light Televising Firm Uncleaned Mains Cleaning and Televising 1. Visu-Sewer Clean & 9000' @$0.50/ft. = $4,500 9000' @$1.60/ft. = $14,400 Seal, Inc. 2. Solidification, Inc. 9,000' @$0.62/ft= $5,580 9000' @$1.72/ft. =$15,480 3. Midwest Underground Inspections, Inc. 9000' @$0.85/ft. = $7,650 9000' @$2.00/ft. = $18,000 The City now has the TV inspection reports which were completed in 1977. However, there were no tapes made of these inspections. We'understand that the City desires to have a tape showing the current condition of the river trunk. This tape will not only benefit the City in terms of identifying potential maintenance problems, but it will also assist in the preparation of the I/I study for the River District. Based on our discussions with the three televising firms, we recommend that Solidification, Inc. be hired to do the televising work on the river trunk. Although Visu- Sewer's estimates are slightly less, we feel that there are several advantages to hiring Solidification: 1. Solidification did the original river trunk inspection in 1977. Two of the three original crew members from the 1977 inspection are still with the firm, and these same people could be used again. The firm's familiarity with the trunk main SNORT ELLIOTT ST ALL, HENDRICKSON INC. MIN:1'ESOTA :5 Mr. David E. Hutton March 2, 1992 Page 2 would minimize the possibility of unexpected circumstances which could lead to additional costs. 2. Our past experience with Solidification, Inc. has been quite positive. They have shown that they are responsive to their client's needs and are capable of providing high quality services. We have previously discussed the pros and cons of televising with cleaning versus televising only. The advantages and disadvantages of each option are summarized on the attached sheet. The 1977 report indicated that there was a need for additional cleaning in the main at that time, and it is our understanding that the main has not been recently cleaned. Accordingly, we recommend that the main be cleaned and televised at this time for the following reasons: 1. Cleaning will enable us to inspect most of the interior pipe wall surfaces. 2. Structural problems such as cracking can be more easily detected. 3. The City will get the main cleaned as a by-product of the televising. This will reduce future cleaning and maintenance costs on this main.It will also improve the hydraulic efficiency of the main. 4. The televising costs will not be wasted in areas where the pipe wall is coated with debris making it impossible to inspect the pipe. 5. The camera will be able to pass thru the pipe easier and faster after cleaning. In order for the City to avoid a separate contract for this work,we propose that the budget for the I/I study in the City's contract with SEH be increased to include the cleaning and televising. The total budget cost for the cleaning and televising should include a contingency factor to cover unexpected circumstances. In addition, there will be some tiiIte sp€ne y SEM-soliciting and preparing.estimates, and coordinating of ate televising. A breakdown of these estimated costs is as follows: Solidification's Estimate $15,480 10% Contingencies 1,520 Subtotal Cleaning and Televising $17,000 10% Engineering and Coordination 2,000 Estimated Total Cleaning and Televising $19,000 Including this work into the I/I study will result in a budget increase of approximately $19,000. The cost of this work is estimated not to exceed$20,000. Mr. David E. Hutton March 2, 1992 Page 3 The above estimated prices assume that the City will assist in providing access to all manholes during the televising. The prices also assume restricted or plugged flow and night work as necessary to obtain the best possible video tape. The televising is assumed to take place during the spring high river level, so that any I/I which is present can be detected on the tape. Please call if you have any questions. We would be happy to discuss this letter of recommendation with you further at your convenience. If the contents of this letter is acceptable to you, and you wish to increase the budget to include this work, please sign and return one copy of this letter. Sincerely, Boxiu,r Daniel R. Boxrud, P.E. (Pf5> DRB/cih Enclosures cc: Dave Simons, SEH Approved by the City of Shakopee,Minnesota on By: Gary L. Laurent, Mayor Dennis R. Kraft, City Administrator Judith S. Cox, City Clerk • Televising With Cleaning Advantages Disadvantages • Will be able to inspect most of the • Additional Cost. interior pipe wall surfaces. • Need to allow additional time for • Structural problems such as cracking completion. can be detected. • The camera will be able to pass thru the pipe easier and faster after cleaning. • The City will get the main cleaned as a by-product of the televising. This will reduce future cleaning costs for the City. • Will improve the hydraulic efficiency of the pipe. Televising Without Cleaning Advantages Disadvantages • Significant cost savings. • Will not be able to inspect a large • Can be completed quickly. portion of the pipe wall due to grease and detergent buildups. • Structural problems such as cracking could go undetected. • Camera may not be able to pass through some extremely dirty areas. • Cost for televising may be wasted in those areas where the pipe wall is coated with debris. CONSENT TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Software Maintenance Agreement DATE: February 29, 1992 INTRODUCTION: BACKGROUND: Quest Data Systems, Inc. is the owner of and license holder for LEADERS Software. LEADERS is our computerized police records management system. LEADERS is one of the few computerized police record systems approved by the State of Minnesota to interface with their computers. As such, it is our most important computer program. LEADERS is a very large, complex program that requires special attention if and when it malfunctions. MIS Coordinator, Steve Hurley advises he needs Quest to back up his work. This contract also causes periodic upgrades to the system as they become available. ALTERNATIVES: 1. Renew the agreement with Quest. 2 . Do not renew. RECOMMENDATION: Alternative #1. ACTION REQUESTED: Authorize the appropriate City Officials to renew the existing Software Maintenance Agreement with Quest Data Systems of Bloomington for the year 1992 at a cost of seven hundred and fifty dollars ($750. 00. ) QUEST DATA SYSTEMS, INC. SOFTWARE LICENSE AGREEMENT In consideration of the mutual promises in this Agreement and for other goods and valuable consideration, receipt of which is acknowledged, QUEST DATA SYSTEMS, INC. (QUEST) , whose principal business address is 7500 WEST 78TH STREET City of: BLOOMIINGGTON St: MN ZIP: 55439 hereby grants to: �/1 jC /2_, 2_.kk' JAL�LCt. �'tiL,cL! (licensee) , whose principal business address is: 7'7 : c �•i9�Gl Y� City of`.S/7a1eiii_ e . St. '7224^- Zip S5 3 7 y nonassignable, nonexclusive license to use, on a single computer at any one time, the object code version of the QUEST software program identified as e0(j)4� ( 4ik2/..t_J ("the program") . AN ADDITIONAL LICENSE MUST BE PURCHASED FOR EACH ADDITIONAL COMPUTER ON WHICH THE PROGRAM IS TO BE USED. Neither this license nor any of licensee's rights hereunder may be transferred, assigned or sublicensed by licensee without the prior written consent of QUEST DATA SYSTEMS, INC. None of the rights hereunder include the use of the license materials, or any portion thereof, for the benefit of any third party. Licensee will not copy, disclose, print or otherwise permit access to the Program, except for Licensee's own use or backup purposes, must include all copyright and other proprietary notices which appear on the original licensed copy. No more than three (3) machine-readable copies shall be in existence at any one time without prior written consent from QUEST. Any such copies made shall be the property of QUEST. Licensee will not permit the Program to be copied, disclosed, printed or accessed by others. The licensed materials and any original and copies thereof, in whole or in part, whether the original and copies are made by licensee, QUEST, or anyone else, and all copyright, patent, trade secret and other intellectual and proprietary rights therein age and remain the valuable property of QUEST DATA SYSTEMS, INC. WARRANTY AND LIMITATION OF LIABILITY Licensee acknowledges that the licensed materials is of such complexity that it may have inherent defects and agrees that as QUEST'S sole liability and as licensee's sole' remedy, QUEST will provide all reasonable services to correct documented programming and documentation errors reported by licensee which QUEST'S diagnosis indicates are caused by a defect in an unaltered version of the delivered licensed materials. For each item of the licensed materials, this warranty is valid for a period of ninety (90) days from the date QUEST first delivers said item to Licensee. This warranty is not transferrable. QUEST does not warranty that the Program will meet Licensee's particular requirements or that the operation of the Program will be uninterrupted or error free. Licensee assumes all responsibility for the selection of the program to achieve Licensee's intended results and for the installation, use and results obtained from the Program. The foregoing constitutes Licensee's sole rights and remedies in connection with the Licensed Programs. In no event will QUEST DATA SYSTEMS, INC. be liable to Licensee for any lost profits, lost savings, lost data or other consequential or incidental damages arising out if the use or inability to use the program, even if QUEST has been advised of the possibility of such damages. The aggregate liability of QUEST to Licensee upon any claims arising out of or relating to the program will in any event be absolutely limited to any license fee paid by Licensee. Any modifications to the licensed material not performed by QUEST are solely Licensee's responsibility. QUEST MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER MATTER RELATING TO THE LICENSED SOFTWARE OTHER THAN THE EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT. NO REPRESENTATION OR STATEMENT NOT EXPRESSLY CONTAINED IN THIS AGREEMENT SHALL BE BINDING UPON LICENSOR AS A WARRANTY OR OTHERWISE. LICENSE TERM This license shall be effective on the date of its execution by both parties and will continue in effect thereafter until terminated as provided herein or by mutual consent of the parties. TERMINATION Either party shall have the right to terminate this license upon one (1) month prior written notice to the other party for failure to pay any fee due or for breach of any duty imposed hereunder. Upon termination LICENSEE shall immediately (1) discontinue use of all licensed materials (2) destroy all copies of the licensed materials and certify such destruction to QUEST or return all copies of the licensed materials to QUEST and (3) delete all portions of the licensed materials merged into other computer software of Licensee. All obligations of confidentiality hereunder shall survive termination of this Agreement. MAINTENANCE QUEST shall have no maintenance obligations with respect to the Program after acceptance by Licensee unless the parties enter into a separate maintenance agreement provided by QUEST. GENERAL This License Agreement is the complete and exclusive statement of the agreement between QUEST DATA SYSTEMS, INC. and Licensee in relation to the subject matter hereof. This Agreement shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States of America and of the State of Minnesota. Dated: Buyer By Dated: /- �- Q' QUEST ATA SYSTEMS, INC. � / r By /5' r'�/iY211 41,2c6-0 • QUEST DATA SYSTEMS, INC. SOFTWARE MAINTENANCE AGREEMENT SELLER: BUYER: SAO_ 724 ? Quest Data Systems, Inc. 4/7(G /GjZYr�li rl 7500 West 78th Street Bloomington, MN 55439 1--)„ 7:-�� 612-941-5572 53"3 7y Description: Copywriter: Quest Version: 1. /; Serial No: /C(// Yearly Maint Fee $ SOFTWARE: a CE:L_ C�GUCvLC. TERMS AND CONDITIONS `J During the term of this Agreement, conditioned upon timely payment by Customer of the yearly maintenance charges set forth above, Quest Data Systems, Inc. (Quest) or its designee will provide the following maintenance services for the software listed. SOFTWARE MAINTENANCE 1. MAINTENANCE SERVICES. Subject to the exclusions listed in paragraph 4 below, Quest shall, on a best efforts basis, correct errors and malfunctions in the software listed above as soon as practicable after Customer gives Quest Data Systems, Inc. written notice of such error or malfunction so as to enable the software to perform the data processing functions described in the applicable Quest operating manuals and/or updates. 2 . ENHANCEMENTS. From time to time Quest may, in its sole discretion, develop and distribute enhanced versions of application software. Throughout the term of this Agreement, Quest will supply Customer with all enhanced versions of the software listed above which Quest distributes generally to its customers. Customer must install all enhanced versions supplied by Quest in order to ensure that Customer has the then current version of the software. 3 . CONSULTATION. Quest will provide Customer with a reasonable level of technical consultation by Quest's choice of telephone or personal visit during Quest's normal working hours. Such consultation service shall include a reasonable amount of telephone consultation in response to Customer inquiries of the software listed above. The number and length of telephone consultations shall be determined by Quest's service specialist. Any other consultation services (including any such services rendered other than during Quest's normal working hours) will be billed to Customer at Quest's then prevailing rates for such services. 4. EXCLUSIONS. Software maintenance services to be provided by Quest under this Agreement do not include: A. Maintenance or consultation with respect to any version of the software other than the most recent version or enhancements furnished by Quest to Customer; or B. Repair, replacement, correction or adjustment of any damage or malfunction caused by 1) accident, negligence, abuse, operator error or misuse, environmental conditions failure of or surges in electrical power, acts of God, or other causes other than ordinary use; or 2) adjustment, repair, modification or connection to other equipment or accessories without the prior written consent of Quest, which consent will not be unreasonably withheld. Correction or repair of any damage or malfunction caused by items A or S above shall be charged to Customer at Quest's then prevailing rates for replacement parts, labor and travel charges. • 5. RESPONSE TIME/DOWN TIME. If Customer's software covered under this Agreement should malfunction, Quest will make a good faith effort to promptly restore it to proper operating condition. However, downtime of Customer's equipment for whatever reason is not a breach of this Agreement and shall not entitle Customer to any full or partial refunds or credits of maintenance charges. TERM ANDC TERMINATION. This Agreement shall commence on the 1 day of p. /' , 19 /„; and shall continue in effect from year to year until terminated by either party up o thirty (30) days written notice to the other. 7. PAYMENT. Throughout the term of this Agreement, Customer shall pay to Quest, each year in advance, the Total yearly Maintenance Fee set forth above. In addition, Quest shall issue to Customer its invoices for all taxes which Quest is required by law to collect from Customer and for charges described in paragraphs 2, 3, and 4, and Customer will pay all such invoices in full within thirty (30) days of invoice date. Any amounts not paid by Customer when due will accrue interest at the rate of one and one-half percent (1-1/2%) per month until fully paid. 8 . FORCE MAJEURE. Quest shall not be liable for any failure or delay in performing any obligation under this Agreement due to any cause beyond its reasonable control. 9 . LIMITATION OF LIABILITY. IN NO EVENT WILL QUEST BE LIABLE TO CUSTOMER FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES UPON ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, ITS PERFORMANCE OR BREACH, EVEN IF QUEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND THE AGGREGATE LIABILITY OF QUEST TO CUSTOMER UPON ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, ITS PERFORMANCE OR BREACH, WILL IN ANY EVENT BE ABSOLUTELY LIMITED TO THE AMOUNT PAID BY CUSTOMER TO QUEST UNDER THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTHING IN THIS AGREEMENT SHALL OPERATE TO RELEIVE QUEST FROM LIABILITY FOR ITS OWN WILLFUL OR WANTON RECKLESSNESS OR INTENTIONAL TORTS. 10. GENERAL. This Agreement is the complete and exclusive statement of the agreement between QUEST DATA SYSTEMS, INC. and Buyer in relation to the subject matter hereof. This Agreement shall in all respects be governed by and interpreted, construed, and enforced in accordance with the laws of the State of Minnesota. Each and every provision of the Agreement shall be construed, to the extent possible, so as to be valid and enforceable under the controlling law. If any provision of this Agreement is declared void, such provision shall be deemed severed from this Agreement, which shall otherwise remain in full force and effect as if said invalid provision did not appear herein. Dated: Buyer By • Dated: /- /"`I QUEST DATA SYSTEMS, INC. By 4%'.21/z5-61./n-, CONSENT TO: Dennis. R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Software Maintenance Agreement DATE: February 29, 1992 INTRODUCTION: BACKGROUND: Quest Data Systems, Inc. is the owner of and license holder for LEADERS Software. LEADERS is our computerized police records management system. LEADERS is one of the few computerized police record systems approved by the State of Minnesota to interface with their computers. As such, it is our most important computer program. LEADERS is a very large, complex program that requires special attention if and when it malfunctions. MIS Coordinator, Steve Hurley advises he needs Quest to back up his work. This contract also causes periodic upgrades to the system as they become available. ALTERNATIVES: 1. Renew the agreement with Quest. 2 . Do not renew. RECOMMENDATION: Alternative #1. ACTION REQUESTED: Authorize the appropriate City Officials to renew the existing Software Maintenance Agreement with Quest Data Systems of Bloomington for the year 1992 at a cost of seven hundred and fifty dollars ($750. 00. ) QUEST DATA SYSTEMS, INC. SOFTWARE LICENSE AGREEMENT In consideration of the mutual promises in this Agreement and for other goods and valuable consideration, receipt of which is acknowledged, QUEST DATA SYSTEMS, INC. (QUEST) , whose principal business address is 7500 WEST 78TH STREET City of: BLOOMINGTON St: NW ZIP: 55439 hereby grants tO 1 t iC " (licensee) , whose principal business address is: '// 7(f; jj�;jj�� 6Z` / t. City of, t'?aJC472Lee . St. / 2 ' - Zip 55 3 77 nonassignable, nonexclusive license to use, on a single computer at any one time, the object code version of the QUEST software program identified as //It'll/7/11D (.1 .11G2i - ("the program") . AN ADDITIONAL LICENSE MUST BE PURCHASED FOR EACH ADDITIONAL COMPUTER ON WHICH THE PROGRAM IS TO BE USED. Neither this license nor any of licensee's rights hereunder may be transferred, assigned or sublicensed by licensee without the prior written consent of QUEST DATA SYSTEMS, INC. None of the rights hereunder include the use of the license materials, or any portion thereof, for the benefit of any third party. Licensee will not copy, disclose, print or otherwise permit access to the Program, except for Licensee's own use or backup purposes, must include all copyright and other proprietary notices which appear on the original licensed copy. No more than three (3) machine-readable copies shall be in existence at any one time without prior written consent from QUEST. Any such copies made shall be the property of QUEST. Licensee will not permit the Program to be copied, disclosed, printed or accessed by others. The licensed materials and any original and copies thereof, in whole or in part, whether the original and copies are made by licensee, QUEST, or anyone else, and all copyright, patent, trade secret and other intellectual and proprietary rights therein age and remain the valuable property of QUEST DATA SYSTEMS, INC. WARRANTY AND LIMITATION OF LIABILITY Licensee acknowledges that the licensed materials is of such complexity that it may have inherent defects and agrees that as QUEST'S sole liability and as licensee's sole' remedy, QUEST will provide all reasonable services to correct documented programming and documentation errors reported by licensee which QUEST'S diagnosis indicates are caused by a defect in an unaltered version of the delivered licensed materials. For each item of the licensed materials, this warranty is valid for a period of ninety (90) days from the date QUEST first delivers said item to Licensee. This warranty is not transferrable. QUEST does not warranty that the Program will meet Licensee's particular requirements or that the operation of the Program will be uninterrupted or error free. Licensee assumes all responsibility for the selection of the program to achieve Licensee's intended results and for the installation, use and results obtained from the Program. The foregoing constitutes Licensee's sole rights and remedies in connection with the Licensed Programs. In no event will QUEST DATA SYSTEMS, INC. be liable to Licensee for any lost profits, lost savings, lost data or other consequential or incidental damages arising out if the use or inability to use the program, even if QUEST has been advised of the possibility of such damages. The aggregate liability of QUEST to Licensee upon any claims arising out of or relating to the program will in any event be absolutely limited to any license fee paid by Licensee. Any modifications to the licensed material not performed by QUEST are solely Licensee's responsibility. QUEST MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER MATTER RELATING TO THE LICENSED SOFTWARE OTHER THAN THE EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT. NO REPRESENTATION OR STATEMENT NOT EXPRESSLY CONTAINED IN THIS AGREEMENT SHALL BE BINDING UPON LICENSOR AS A WARRANTY OR OTHERWISE. LICENSE TERM This license shall be effective on the date of its execution by both parties and will continue in effect thereafter until terminated as provided herein or by mutual consent of the parties. TERMINATION Either party shall have the right to terminate this license upon one (1) month prior written notice to the other party for failure to pay any fee due or for breach of any duty imposed hereunder. Upon termination LICENSEE shall immediately (1) discontinue use of all licensed materials (2) destroy all copies of the licensed materials and certify such destruction to QUEST or return all copies of the licensed materials to QUEST and (3) delete all portions of the licensed materials merged into other computer software of Licensee. All obligations of confidentiality hereunder shall survive termination of this Agreement. MAINTENANCE QUEST shall have no maintenance obligations with respect to the Program after acceptance by Licensee unless the parties enter into a separate maintenance agreement provided by QUEST. GENERAL This License Agreement is the complete and exclusive statement of the agreement between QUEST DATA SYSTEMS, INC. and Licensee in relation to the subject matter hereof. This Agreement shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States of America and of the State of Minnesota. Dated: Buyer By Dated: /- /- QUEST ATA SYSTEMS, INC. By it"�Y),r�.� l/,�c�.� AL-21/6-14-17- QUEST DATA SYSTEMS, INC. SOFTWARE MAINTENANCE AGREEMENT SELLER: BUYER: Shcl.,�-C7-7J.(F. ill,:[ T Quest Data Systems, Inc. /7& r, 7500 West 78th Street Bloomington, MN 55439 _ r}?n 612-941-5572 / S 3 . Description: Copywriter: Quest Version: I. /: Serial No: /Cy/;• Yearly Maint Fee $ 7j SOFTWARE: CIL-� dWia2v TERMS AND CONDITIONS 'J During the term of this Agreement, conditioned upon timely payment by Customer of the yearly maintenance charges set forth above, Quest Data Systems, Inc. (Quest) or its designee will provide the following maintenance services for the software listed. SOFTWARE MAINTENANCE 1. MAINTENANCE SERVICES. Subject to the exclusions listed in paragraph 4 below, Quest shall, on a best efforts basis, correct errors and malfunctions in the software listed above as soon as practicable after Customer gives Quest Data Systems, Inc. written notice of such error or malfunction so as to enable the software to perform the data processing functions described in the applicable Quest operating manuals and/or updates. 2 . ENHANCEMENTS. From time to time Quest may, in its sole discretion, develop and distribute enhanced versions of application software. Throughout the term of this Agreement, Quest will supply Customer with all enhanced versions of the software listed above which Quest distributes generally to its customers. Customer must install all enhanced versions supplied by Quest in order to ensure that Customer has the then current version of the software. 3 . CONSULTATION. Quest will provide Customer with a reasonable level of technical consultation by Quest's choice of telephone or personal visit during Quest's normal working hours. Such consultation service shall include a reasonable amount of telephone consultation in response to Customer inquiries of the software listed above. The number and length of telephone consultations shall be determined by Quest's service specialist. Any other consultation services (including any such services rendered other than during Quest's normal working hours) will be billed to Customer at Quest's then prevailing rates for such services. 4. EXCLUSIONS. Software maintenance services to be provided by Quest under this Agreement do not include: A. Maintenance or consultation with respect to any version of the software other than the most recent version or enhancements furnished by Quest to Customer; or B. Repair, replacement, correction or adjustment of any damage or malfunction caused by 1) accident, negligence, abuse, operator error or misuse, environmental conditions failure of or surges in electrical power, acts of God, or other causes other than ordinary use; or 2) adjustment, repair, modification or connection to other equipment or accessories without the prior written consent of Quest, which consent will not be unreasonably withheld. Correction or repair of any damage or malfunction caused by items A or B above shall be charged to Customer at Quest's then prevailing rates for replacement parts, labor and travel charges. 5. RESPONSE TIME/DOWN TIME. If Customer's software covered under this Agreement should malfunction, Quest will make a good faith effort to promptly restore it to proper operating condition. However, downtime of Customer's equipment for whatever reason is not a breach of this Agreement and shall not entitle Customer to any full or partial refunds or credits of maintenance charges. TERM AND TERMINATION. This Agreement shall commence on the 1 day of n,�p.�, , 19L and shall continue in effect from year to year until terminated by either patty upoJ thirty (30) days written notice to the other. 7. PAYMENT. Throughout the term of this Agreement, Customer shall pay to Quest, each year in advance, the Total yearly Maintenance Fee set forth above. In addition, Quest shall issue to Customer its invoices for all taxes which Quest is required by law to collect from Customer and for charges described in paragraphs 2, 3, and 4, and Customer will pay all such invoices in full within thirty (30) days of invoice date. Any amounts not paid by Customer when due will accrue interest at the rate of one and one-half percent (1-1/2%) per month until fully paid. 8. FORCE MAJEURE. Quest shall not be liable for any failure or delay in performing any obligation under this Agreement due to any cause beyond its reasonable control. 9. LIMITATION OF LIABILITY. IN NO EVENT WILL QUEST BE LIABLE TO CUSTOMER FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES UPON ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, ITS PERFORMANCE OR BREACH, EVEN IF QUEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND THE AGGREGATE LIABILITY OF QUEST TO CUSTOMER UPON ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, ITS PERFORMANCE OR BREACH, WILL IN ANY EVENT BE ABSOLUTELY LIMITED TO THE AMOUNT PAID BY CUSTOMER TO QUEST UNDER THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTHING IN THIS AGREEMENT SHALL OPERATE TO RELEIVE QUEST FROM LIABILITY FOR ITS OWN WILLFUL OR WANTON RECKLESSNESS OR INTENTIONAL TORTS. 10. GENERAL. This Agreement is the complete and exclusive statement of the agreement between QUEST DATA SYSTEMS, INC. and Buyer in relation to the subject matter hereof. This Agreement shall in all respects be governed by and interpreted, construed, and enforced in accordance with the laws of the State of Minnesota. Each and every provision of the Agreement shall be construed, to the extent possible, so as to be valid and enforceable under the controlling law. If any provision of this Agreement is declared void, such provision shall be deemed severed from this Agreement, which shall otherwise remain in full force and effect as if said invalid provision did not appear herein. Dated: Buyer By Dated: /- 1 "S QUEST DATA SYSTEMS, INC. Jvj,tJ By � Q 4L2/C642)4 CO1\ SE1\1T fy, 1 TO: Dennis R. Kraft, City Administrator / ' FROM: Frank Ries, Fire Chief - : RE: Sale of Old Pagers DATE: February 27, 1992 Introduction The department has now put the new Motorola Minitor II SV pagers into service and will no longer need the old pagers. Background The new pagers are in service and the old pagers are not needed. The Motorola Sales Representative estimated the value of the old pagers at about $25.00 or up to $75.00 to the "right" party. Total value could be in the $875 to $2,475 range. It would cost the buying party about $100 each to have the frequency changed. The old pagers are about 15 years old. Alternatives 1. Keep old pagers on hand. 2. Toss old pagers in the garbage. 3. Declare old pagers surplus property and if the value is less than $1,000, the Administrator can sell the pagers. 4. Declare old pagers surplus property and if the value is more than $1,000, advertise for bids. 5. Declare old pagers surplus and the Administrator is authorized to sell to another governmental agency. Recommendation Alternative number 5. The City Code authorizes the City Administrator to negotiate a direct sale to another governmental agency. The most likely market is another smaller fire department. Action Requested Move to declare the 33 old Fire Department pagers surplus property and authorize the City Administrator to sell them in accordance with the City Code. CONSENT /1324 MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Removal of "Acting" from the Deputy Police Chief Title DATE: March 4, 1992 INTRODUCTION AND BACKGROUND: At the meeting of January 7th, City Council appointed Jerry Poole as "Acting" Deputy Police Chief. The term Acting was added to his title because of the pending reorganization that the City was considering. On January 28th, City Council adopted a new organization plan for city employees. On February 18th, City Council amended the 1992 Pay Plan by deleting the word "Acting" from the title of Deputy Police Chief. A motion changing the title assigned to Jerry Poole should have also been recommended to Council, identifying the person to go with the title in the Pay Plan. As a housekeeping matter, it is recommended that City Council delete the word "Acting" and appoint Jerry Poole Deputy Police Chief. RECOMMENDED ACTION: Move to delete the term "Acting" from the title given to Jerry Poole thereby designating him as Deputy Police Chief. CONSENT 37),),LJ 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. 4AWAY /1:-4‘4)-itgr-9 / Yai MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Directo SUBJECT: 12th Avenue Sewer and Watermain DATE: March 4, 1992 INTRODUCTION: Attached is a feasibility report for sewer and watermain improvements to 12th Avenue form County Road 83 to Valley Park Drive for City Council discussion. BACKGROUND: Staff has received a petition for public improvements from the owners of Valley Green Business Park Drive. The petitioners represent 100% of the abutting property owners that would benefit from the proposed improvements and therefore they have waived their rights to a public hearing prior to ordering the improvements. Staff has reviewed the petition and finds it to be acceptable and in conformance with State Statutes. Staff has also attached a feasibility report for the proposed improvements to 12th Avenue that was prepared by William R. Engelhardt Associates, Inc. dated March 2 , 1992 . This feasibility report was funded entirely by Valley Green Business Park. In March, 1990 William Engelhardt Assoc. , Inc. had prepared a feasibility report for Valley Green Business Park to develop Valley Park 9th Addition, which is a 100 acre site in the Industrial Park located in the northwest quadrant of 12th Avenue and Valley Park Drive. This feasibility report was for the purpose of providing the proper infrastructure for the FMG site, in addition to the remainder of this area. This 1990 feasibility report addressed the sewer and watermain alternatives in 12th Avenue that are necessary to develop the remainder of this site. Based on several meetings between City staff, the developer, Engelhardt Assoc. , and the City's Comprehensive Sewer Plan consultant, the sewer and watermain in 12th Avenue was refined, resulting in a revision to the cost estimates, alignment and proposed design of the improvements. The attached 1992 feasibility report is the result of that coordination and basically supersedes those portions of the 1990 feasibility report. In the attached feasibility report, three alternatives were explored ranging in cost from $996, 170. 00 to $1, 111, 623 . 00, which includes all construction, contingencies and engineering fees. The report recommends Alternative No. 2 ($996, 170. 00) because it provides sewer and water services to the entire area at the lowest costs. The report also recommends installing two sewer and water crossings across the future Shakopee Bypass to eliminate the need to do that once the Bypass is constructed for an estimated cost of $375,940. 00. All of the requested improvements will be assessed to the petitioner on a per acre basis. Staff concurs with the findings and conclusions of the feasibility report and will give a more detailed presentation of the various alternatives at the Council meeting. Attached is Resolution No. 3558 which declares the adequacy of the petition, accepts the feasibility report and orders plans and specifications prepared for this project. Staff is also requesting authorization to retain William R. Engelhardt Associates, Inc. for preparing the plans and specifications for this project. Due to current staff workloads and other projects being designed in-house, staff recommends utilizing a consultant to design this project. Since William Engelhardt Associates is one of the three consultants currently being retained by the City and due to his familiarity with this project, staff feels that this firm would be the most logical and lowest cost of the three consultants available. Attached is a letter from Engelhardt Associates indicating that their firm can complete the design for a maximum, not-to-exceed cost of 6% of the construction costs for this project and the construction staking can be done for a maximum, not-to-exceed cost of 3% of the construction costs. Contract hourly rates will be used using actual hours worked. Based on the construction costs estimated in the feasibility report, the design and surveying fees are estimated at $95, 000. 00 (construction costs of $1, 055, 885. 00 for Alternative No. 2 and Bypass crossings) . All engineering fees would be included in the total project costs and assessed. Staff is requesting authorization to utilize Engelhardt Associates to complete the plans and specifications for this project. Since there is watermain on this project, staff submitted the petition and feasibility report to the Shakopee Public Utilities Commission for review and comment. The Utility Manager has indicatied that the Commission concurs with the project being ordered and for the consultant selected to design the project. Specific engineering concerns of Shakopee Public Utilities Commission will be addressed during the design and approval process. The petitioner concurs with the results of the feasibility report and the proposed assessment against their lands. ALTERNATIVES: 1. Adopt Resolution No. 3558. 2 . Deny Resolution No. 3558. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: 1. Offer Resolution No. 3558, A Resolution Declaring the Adequacy of Petition and Ordering the Preparation of a Report, Receiving the Report and Ordering an Improvement and Preparation of Plans and Specifications for 12th Avenue Sewer and Watermain Improvements, Between County Road 83 and Valley Park Drive, Project No. 1992-4 and move its adoption. 2 . Authorize William R. Engelhardt Associates, Inc. of Chaska, Minnesota to prepare the plans and specifications for the 12th Avenue Sewer and Watermain Project for a maximum fee of 6% of the construction contract and to do the construction staking for a maximum fee of 3% of the construction contract. DH/pmp 12TH • \if9 1 j USl, i PARK December 30, 1991 Ms . Judy Cox HAND DELIVERED City Clerk CITY OF SHAKOPEE 129 East First Avenue Shakopee, MN 55379 Re: Petition for Public Improvements Dear Judy: Enclosed is a fully signed "Petition for Public Improvements" requesting construction of the watermain and sanitary sewer service from County Road 83, then east on 12th Avenue to the intersection of Valley Park Drive, and from there, north to tnhc existing service. We have enclosed a site plan of the area to h served by these requested improvements . Please note that Valley Green Business Park Limited Partnership owns all the land benefited by these improvements, and that our signature should represent 100% of all the affected property owners . By signing this Petition, we have waived all our rights to a public hearing prior to Council ordering the improvements . We would like to think that a feasibility study is not necessary since we have already completed such a study for these improvements . Dave Hutton has a copy of this earlier feasibility study which is entitled "Valley Park 9th Addition Feasibility Study. " Inasmuch as William Engelhardt & Associates does all the engineering work in the Park, it may be appropriate to have them do this work as well. They did the original feasibility study and are very familiar with the project being proposed as well as other projects in vicinity. It is our sincere hope that this Petition can be handled quickly so that engineering work is completed and all bids received and reviewed prior to the spring thaw so that construction can begs.n immediately upon road restrictions being removed. 5276 Valley industrai Boulevard South •Shakopee. Minnesota 55379• Telephone: (612)445-9286 • rac:miie: (612)445-9372 4 Ms . Judy Cox Page Two December 30, 1991 Please let us know if there may be a concern with this Petition being expedited. Your assistance with this matter is appreciated. Respectfully, VALLEY GREEN BUSINESS PARK J R. Albinson roject Director JRA: jmcm-001 . 1 Enclosure cc: Karen Marty (w/encl. ) CITY OF SHAKOPEE , PETITION FOR PUBLIC IMPROVEMENTS The undersigned hereby petitions the City of Shakopee to install the following improvements where noted and to assess them pursuant to Minnesota Statutes Chapter 429 : Along 12th Avenue and Valley Park Drive AVIMOIRX6MOCIMIX from 1000 Valley Park Drive to County Road 83 by constructing_ the water main and sanitary sewer service to benefit the following properties: L2, B1, Canterbury Park 3rd; Outlots A & B Valley Park 10th Addn. ; Tracts D, F,& G RLS 134 (improvements requested ) The undersigned hereby waives their right 'to a public hearing prior to Council ordering the improvements and also waives their right to a public hearing prior to the levying of the assessments related to said improvements and further waives all rights to appeal said assessments which shall be assessed pursuant to Minnesota Statutes Chapter 429 as a result of the installation of the above improvements . Dated this a( day of DOXY { , 19 91 Valley Green Business Park Limited Partnership By: Valley Green Business Park, Inc. its general pal, - By: ' Wen.- 1 R. urtz Its: Vice Presid t STATE OF ' 1 ° ' e" ' ) SS 'O, � ii Vii, •f.f�J�il•� ; `��►���� ��.�,�. COUNTY OF FAIRFIELD ) ,, Q On this Q�� day of �EJCS�/V>1Pe� , 19 l I before me , a Notary Public within and for said County , personally appeared Wendell R. Kurtz the Vice President of Valley Green $usiness Park, Inc. , the general partner of Rkigi Valley Green Business Park Limited Partnership, a limited partnership under the laws of Minnesota, on behalf of the partnership . gc>13601 AAAxa x cgx Wald x&mtrma:t arttxxaasx=tee vted x ax3x xtz hied=x free xaxO3cxindxAIR t:dax Nota y • MERM This instrument was drafted by : Notary Ru Lb1c--ConHAnecticut Judith S. Cox FAIRRELD COUNTY My CO Wes City Clerk May 31. 1996 City of Shakopee 4 --- 129 East 1st Avenue Shakopee , MN 55379 • li` `--- IJ c C T z WQo az8NM �i _I0 I IXF- -rturN e Oooao_ al'"naz L.L. � i J of za . z wa ww I — - 7— �- Q Z o c�0 O Z >- I-> a w w c Cr- I - 61 I— DCC = z W Y- IycW wZz a01d3Ja3 f 13Nd� a0 d`-— �� 'E Z Y r w o ta- w V)Y K -' o a iI J � > �� avvm J z z '` Q -J - 0 o s S Y z z ;; V) a a z fn J -J I / a I- F- In U 3 Y W1 N Q • l = w W • /2.___.---... O Q W \\1 J N i W 71 % , --__ _ a3M3S 1Va31tl I.....s.x3 m / �� - -� �'_ - r/ r U NIVW ..41 • I o 4 a f�03S•-•ad� I / a / W D� LL y Z 1• O / —�•—` /r a ',O m o i . i\.....‹) ( r .... fir. - 7 - O �� (-w, vs W a CEIZ + ` J : / I ! w 1y � .- �� i ! a I b. : i Jr. \4111 PROPIOSEO I,AT�RAI�dd. I j w LOTH AVE. ,'a1• ii / % Q _ LL ') , 1` i /I f -_ _..J J fl • / /j .•nos^ -/�• /` t Y )e 1 ?u /w „:4 li . / _ I �LL3 ¢1 �/ (/ NIOW30a04 9NIlSIX3 a J LL� ' ;! J _ mon _ a3M35 .__ _ - _ _ �.., — wa31v�9N11SI% - =— __ £B ON OVOa AlNfl - ,. WI NIVWa31VM•JNIl$IX3 ?1 ti ��: ng = ri O t r , 2,1 r r o- Iinr 1 s xLL,1j ‘ - d W J 1 W N � i :/" , . r;'" ,: • J a a i ;. ! I IF- ~pa,_, NWS : J o� o' a o_ a w .4 N ; Q W aF- D:W O _ _ - i 7— EC Z H r F-> q z L ~ 2 rnr- _cc z_ 1 l'i • ^ YJ lLN JCOZ • � wQmo5- cD �-2 _. j - �- -"� E..o►-4a.-. 4.�. 4-.n.4......._ .E z Q a Q (r,...1 - w Q a01d30a31N1 3N I aOlao p — Y }W ~_ •CC z • ( Q -J U- OZ OQ-.. !. ff J I J lai _ I CI _ C Z Z V) Y 4 Q C 0 /— W I. 'L/\• 1 cv� Y N N Y W N c WK is 4• O . Q J N . - ? :.tLL) . a cD ------ w M3M3S 1V2131V 9NIlSIX3 m U NItlW3gM0! ) ^', o f I.9 Ill 0350.31dd� I I • ,• '411 ( 7 / j /j/ \ f a pvb OR' 'I S •••••• ,• 'f - lr • /b7 /V 2 J WL 1L - -- - H . I ------- ,i Ss F- I o - a'``-- ' Wt0 SED LAT1ERAL C ] � W I 1 - r 10TH AVE. I W 1 - _I ._. _I . . .. f.,,,, r______...___. _____._.__._ /I � _ ' WIIX i C It, !1 ILI 'J J .. .. I - W W� 3 I / f ..(1011 ;/1 S •".W y , `l} ti Y • / .J i...a 11(10. ^ 7 -jQ WQ ' ` LL LL3¢K 1 _ 1 J ~l �. _ i NIVW302lOd 9NIlSIX3 t ipy .. / / _- \, _- L I N3M3S 1Ctl3171 9NIlSIX3—� ;\ uw I // f8 'ON OV08 ALNf)00 J 1 • - I NIVW0131VM 9N1.1.51 X3 , N ia xLL 1 S =o I e ~ WJ . etN V - • W Ias\ . 5 011°, 4 . . -- ---• - -----• -'' WILLIAM R. ENGELHARDT ASSOCIATES, INC. Wanudiing 4nge%nee/us 1107 HAZELTINE BOULEVARD CHASKA, MINNESOTA 55318 (612) 448-8838 March 2 , 1992 City of Shakopee c/o Mr . David Hutton, P.E. 129 First Avenue East Shakopee, MN. 55379 RE: Professional Engineering Services For : 12th Avenue Sanitary Sewer and Watermain Dear Mr . Hutton: Pursuant to your request , we hereby propose to provide engineering design services for the above project . Our fee for these services is based on our hourly rates presented to the City of Shakopee , with a not to exceed cost of six percent of the construction contract price. This fee includes preparation of plans and specifications , bid documents , permit applications ( less permit fees) , preparation of advertisement for bids , bid checking, and recommendations . The construction staking for this project will be provided on an hourly rate basis per our contract , with a not to exceed maximum of three percent of the contract amount . If you have any questions regarding this matter please advise. We anticipate being able to proceed with this work immediately if this proposal is acceptable. The project time is : completion of plans and specifications mid-April (depending on soil borings ) , bids received mid-May , and construction starting early June. Very truly yours , WILLIAM R. ENGELHARDT ASSOCIATES, INC. William R. Engelhardt WRE/las RESOLUTION NO. 3558 A Resolution Declaring The Adequacy Of Petition And Ordering The Preparation Of A Report, Receiving The Report And Ordering An Improvement And Preparation Of Plans And Specifications For 12th Avenue Sewer And Watermain Improvements, Between County Road 83 And Valley Park Drive Project No. 1992-4 WHEREAS, a petition requesting improvements to 12th Avenue, between County Road 83 and Valley park Drive by sewer and watermain has been filed with the City Council on March 10, 1992 ; and WHEREAS, a feasibility report for the requested improvements has been prepared by William R. Engelhardt Associates, Inc. under the direction of the Public Works Director, David E. Hutton and this report was received by' the Council on March 10, 1992 ; and WHEREAS, the Council has considered the sewer and watermain improvements of 12th Avenue in accordance with the feasibility report; and WHEREAS, it is proposed to assess the benefitted properties for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429 ; and WHEREAS, the petition for improvements has been signed by 100% of the owners of the property abutting said improvements, waiving their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The petition is hereby declared to be signed by the required percentage of owners of property affected by the improvements. This declaration is made in conformity to Minnesota Statutes, Section 429.035. 2 . Such improvements are hereby ordered as proposed in the feasibility report prepared by William R. Engelhardt Associates, Inc. dated March 2 , 1992 . 3. David E. Hutton, Public Works Director, is hereby designated as the engineer for this improvement. He shall ensure that the plans and specifications are prepared according to City and State Specifications and for the making of such improvements. 4 . The work of this project is hereby designated as part of the 1992-4 Public Improvement Program. Adopted 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: City Attorney 1 I I I I VALLEY GREEN BUSINESS PARK 12TH AVENUE SANITARY SEWER AND WATERMAIN FEASIBILITY STUDY CITY OF SHAKOPEE, MINNESOTA I I I I I I hereby certify that this plan , specification , or report , was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of IMinnesota. William R. Engelhard,/ Date: March 2 , 1992 Registration No. 12026 Feasibility Study on file with 1992-4 Sewer and Watermain IImprovement Project file . WILLIAM R. ENGELHARDT ASSOCIATES, INC. WQozaedling enyir eeAs 1107 HAZELTINE BOULEVARD CHASKA, MINNESOTA 55318 1612) 448-8838 March 6 , 1992 City of Shakopee c/o Mr . David Hutton, P.E. 129 First Avenue East Shakopee, MN. 55379 RE: 12th Avenue Sanitary Sewer and Watermain Dear Mr . Hutton: On March 5 , 1992 , we confirmed by telephone conversation with SPUC' s engineer , Schoell & Madson, Inc. , that a 16- inch watermain crossing of the 101 Bypass could be constructed in lieu of the two 12- inch crossings as shown in their water report . The 12- inch crossings were shown only schematically as possible connection locations . The 16- inch connection provides for future looping when the land south of the Bypass is developed. Our feasibility report indicated future looping by providing for a 16- inch extension across the Bypass at County Road No. 83 and Valley Park Drive. These mains will ultimately be looped through the land lying south of the Bypass between the two extensions . Very truly yours , WILLIAM R. ENGELHARDT ASSOCIATES, INC. William R. Engelhardt WRE/ las TO: Dennis Kraft , City Administrator: ✓Dave Hutton, Public Works Director FROM: Lou Van Hout , Utilities Manager RE: 12th Ave Watermain J DATE: 3/9/92 Councilman Sweeney, the Liaison to SPUC , asked that a memo be sent to you to avoid any uncertainties about SPUC ' s commitments on the proposed project . At their March 2 meeting, the Utilities Commission discussed the project in the context of the feasibility report which had been referred to them. Jon Albinson of Valley Green Inc . advised the Commission that a new feasibility report had been developed. After discussion, the Commission agreed on the following: - The Commission agrees with the construction of a watermain along 12th Ave, from Co . Rd. 83 to Valley Park Blvd. The pipe on 12th Ave is to be 16 inch rather than 12 inch as shown in the (old) feasibility report . The additional size is oversizing at SPUC ' s cost . - An additional section of watermain from 12th Ave to the Northerly edge of the bypass is required to be constructed as part of this project . This North-South section of pipe is to be sized consistent with the long term water plan . It is anticipated that the size required will be 16 inch . - The amount of payment for oversizing of any part of the watermain has not vet been determined or approved. - The property, to which water is deemed to be made available by this project , is limited to that lying West of Valley Park Drive or the extension thereof. - Any agreements between the developer and SPUC will remain in effect until terminated by official SPUC action. - The use of Englehardt and Associates as engineer on this project is acceptable. - Standard SPUC requirements are to be applied unless specifically excepted. Assuming the above acceptable to all parties , the Utilities Commission plans to take formal action at their April meeting to concur with Council ' s ordering the project , if that is the action taken by the Council on March 10. #iy b CONSENT MEMO TO: Dennis R. Kraft, City Administ ator FROM: Judith S. Cox, City Clerk dIV RE: Appointment of Election Judge-\ DATE: March 5, 1992 INTRODUCTION & BACKGROUND: Minnesota State Statues require that election judges be appointed by the governing body prior to an election. The attached resolution appoints judges for the April 7th Presidential Primary. All judges have been contacted and have agreed to attend the required training session and to work for the election. The compensation for the judges contained in the resolution is the same as for the last election and has been budgeted. RECOMMENDED ACTION: Offer Resolution No. 3553 , A Resolution Appointing Judges of Election and Establishing Compensation, and move its adoption. JSC/tiv RESOLUTION NO. 3553 A RESOLUTION APPOINTING JUDGES OF ELECTION, AND ESTABLISHING COMPENSATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that: 1. The following persons are hereby appointed Judges of Election for the April 7, 1992 Presidential Primary Election for the five polling precincts with the City of Shakopee designated in Resolution No. 3260, adopted August 7, 1990: FIRST PRECINCT: Regular Judges Dorothy Breimhorst Pat Pass, Chair Hazel Ecklund Claude Kolb Ruth O'Rielly LeRoy Stocker SECOND PRECINCT: Regular Judges Bob Nieters Marcella Schmidt, Chair Ethel Schneider Susan Stolarcek THIRD PRECINCT: Regular Judges Maetta Jurewicz, Chair Jan Gerold JoAnne Dircks Martha Skalsky Darlene Meuwissen Kathryn Marschall FOURTH PRECINCT: Regular Judges Lillian Weinandt, Chair Sylvester Gerold Edna Wangerin Muriel Koskovich FIFTH PRECINCT: Regular Judges Virgilla Geske, Chair Carol Link Joan Hart Thea May 2 . The Election Judges shall be compensated for their work at the rate of $4. 25 per hour and the Chairperson of the Election Judges shall be compensated at the rate of $4.75 per hour. 3 . The proper officials be and hereby are authorized and directed to do and perform all acts necessary to carry out the terms, intents, and purposes of this Resolution. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 10th day of March, 1992 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney /11/C L/ �.✓ TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Reimbursement Bond Regulations DATE: February 24, 1992 Introduction The U.S. Treasury has issued final regulations regarding reimbursement bonds. The City has two options to comply with the new final regulations. Background Reimbursement bonds are bonds for which the proceeds are used to repay funds advanced by the city to cover project costs paid before receipt of bond proceeds. The city typically tries to package projects in fewer bond issues to reduce bonding costs and lower interest rates. This results in having the various projects involved being in different stages of construction and probably having paid construction costs on the earlier projects. On the other hand, the later the bonds are issued, the better is it for firming up costs and the bonding amount and avoiding some arbitrage considerations. Preliminary costs for administration and engineering are generally exempt from the reimbursement regulations. Alternatives 1. Pass a resolution for each project (or combined with the resolution ordering the project) addressing the necessary items under the regulations. 2. Pass a resolution authorizing the Finance Director (or other city official) to make a declaration addressing the necessary items under the regulations. 3. Change bonding practices to issue bonds more frequently and in smaller amounts. 4. Issue fewer bonds and do fewer projects - use CIF as far as it will go. Recommendation Alternative number 2. The attached resolution was drafted by bond counsel as was the declaration form which is attached for informational purposes. Action Offer Resolution No. 3554 A Resolution Establishing Procedures Relating To Compliance With Reimbursement Bond Regulations Under The Internal Revenue Code, and move its adoption. RESOLUTION NO. 3554 RESOLUTION ESTABLISHING PROCEDURES RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE Whereas, the Internal Revenue Service has issued Section 1.103-18 of the Income Tax Regulations (the "Regulations") dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the date of issuance; and Whereas, the Regulations generally require that the City make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued borrowing, that the borrowing occur and the reimbursement allocation be made from the proceeds of such borrowing within one year of the payment of the expenditure or, if longer, within one year of the date the project is placed in service, and that the expenditure be a capital expenditure. Whereas, the City desires to comply with requirements of the Regulations and to establish certain procedures relating thereto. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota, as follows: that the Regulations, in the situations in which they apply, require the City to have made an official declaration of its intent (the "Official Intent Declaration" or the "Declaration") to reimburse itself for previously paid project expenditures out of the proceeds of subsequently issued debt. The Council hereby authorizes the City Finance Director to make the City's Official Intent Declarations. The following procedures shall be observed in making Official Intent Declarations: (a) Each Declaration shall made substantially in the form of the Exhibit 1 attached hereto and made a part of this Resolution. (b) The City Clerk shall maintain a file in his or her office in which all Declarations shall be kept. Upon completing a Declaration, the City Finance Director shall promptly (and in any event within 30 days) deliver a copy to the City Clerk and the Clerk shall place it in the file maintained for such purpose. Said file and each Declaration (up until the date upon which the reimbursement borrowing is made) shall be a part of the publicly available official books and records of the City, and shall be available for inspection by the general public during normal business hours. (c) The City shall endeavor to not make Declarations in cases where the City will not ultimately be issuing reimbursement bonds to provide long term financing for project costs, and said official is hereby authorized and directed to consult with the City's financial advisor and bond counsel concerning the requirements of the Regulations in general and their application in particular circumstances. (d) The Council shall be advised from time to time as to the Declarations made and on the desirability and timing of the issuance of reimbursement bonds relating to project expenditures for which Declarations have been filed, including recommendations on the timing of the issuance of such bonds so that the "Reimbursement Period Requirement" described in the Regulations can be met. BE IT FURTHER RESOLVED, that the City shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the reimbursement bonds to reimburse the source of temporary financing used by the City to make payment of the prior costs of the projects. Each allocation shall be evidenced by an entry on the official books and records of the City maintained with respect to the bonds, shall specifically identify the actual prior expenditure being reimbursed or, in the case of reimbursement of a fund or account in accordance with Section 1.103-18, the fund or account from which the expenditure was paid, and shall be effective to relieve the proceeds of the bonds from any restriction under the bond resolution or other relevant legal documents for the bonds, and under any applicable state statute, which would apply to the unspent proceeds of the bonds. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1992. Mayor of the City of Shakopee ATTEST: Approved as to form: City Clerk City Attorney EXHIBIT 1 Declaration of Official Intent The undersigned, being the duly appointed and acting City Finance Director of the City of Shakopee, Minnesota (the "City") , pursuant to and for purposes of compliance with Treasury Regulations, Section 1.103-18 (the"Regulations") , under the Internal Revenue Code of 1986, as amended, hereby states and certifies as follows: 1. The undersigned has been and is on the date hereof duly authorized by the governing body of the City to make and execute this Declaration of Official Intent (the "Declaration") for and on behalf of the City. 2. The City proposes to undertake the projects described on Exhibit A attached hereto. 3. Other than (i) expenditures to be paid or reimbursed from sources other than a borrowing or (ii) expenditures permitted to be reimbursed pursuant to the transition provision of Section 1.103-18(1) (2) of the Regulations or (iii) expenditures constituting preliminary expenditures as defined in Section 1.103-18(1) (2) of the Regulations, no expenditures for the foregoing projects as identified on Exhibit A have heretofore been made by the City and no expenditures will be made by the City until after the date of this Declaration. 4. The City reasonably expects to reimburse the expenditures made for costs of the designated projects out of the proceeds of debt (the "Bonds") to be incurred by the City after the date of payment of all or a portion of the costs. All reimbursed expenditures shall be capital expenditures as defined in Section 1.150-1(h) of the Regulations. 5. This Declaration is a declaration of official intent issued and given pursuant to Section 1.103-18 of the Regulations. 6. As of the date hereof, there are no City funds reserved, allocated on a long term basis or otherwise set aside (or reasonably expected to be reserved, allocated on a long term basis or otherwise set aside) to provide permanent financing for the expenditures related to the projects, other than pursuant to the issuance of the Bonds. This Declaration, therefore, is determined to be consistent with the City's budgetary and financial circumstances as they exist or are reasonably foreseeable on the date hereof, all within the meaning of the Regulations. 7. This Declaration is and shall remain a part of the publicly available official books and records of the City, shall be filed with the City Clerk within 30 days of the date hereof, and shall be continuously available for inspection by the general public at the office of the City Clerk in the City Hall during regular business hours for a period ending not earlier than the date of issuance of the Bonds. IN WITNESS WHEREOF, the undersigned has executed this Declaration and placed it on file in the official City records this day of 199_. Finance Director City of Shakopee Q H oo a) .n o 0• a cr 0 . Q ,n aJ 11 t 'q I. .cu O oI. Rt • a. 00o 0 "a �° 0 a .i0 0 •c 3 .074 u 0 E 0 > it a - a- . U, O — u CO 1.. o u `no a) Ocn E .cuo 714to to 0 W w ¢ o w o O �:• - W 2 Q .. .G u O > "' t, O _ `a 40 y . •o w. au o ?� C6 c V z � y ca R u `a i 0. y o L.rQ 0 O Nl0 4- V it •— _ A .— 6. — G O Cr Lr .0 ¢ = cu 0 z 0 0"ca y O C u O a . • F.: • - a, 0 accaci5 . 6. ctS au p0ua - a c(11 0 T. a N CONSENT 7 MEMO TO: Dennis R. Kraft, City Admi 'strator FROM: Judith S. Cox, City Cler RE: License Period for Set-Up Li enses DATE: March 6, 1992 INTRODUCTION: The attached ordinance amends the city code by changing the license period for set-up licenses from July 1st - June 30th to April 1st - March 31st. BACKGROUND: The license period for a set-up license (consumption and display of liquor) has always been July 1st to June 30th as is the license period for beer, wine, and liquor licenses. In 1991, the state legislature changed the license period for set-ups to April 1st - March 31st. Staff recommends that the city code be amended to coincide with state law for set-up licenses. Beer, wine and liquor licenses will continue to be for the license period July 1st to June 30th. Staff does not recommend changing the license period for beer, wine, and liquor licenses. If the license period were changed, it would cause problems and possibly additional expense for these licensees. They would have to change their liquor liability insurance policies to cover the new license period. RECOMMENDED ACTION: Offer Ordinance No. 332 , An Ordinance of the City of Shakopee, Minnesota, Amending City Code Chapter 5, Liquor, Beer and Wine Licensing and Regulation, by Adopting A New Subd. 2 to Sec. 5. 45, Consumption and Display of Liquor, Specifying the Term of the License, and move its adoption. ORDINANCE NO. 332 , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 5, LIQUOR, BEER AND WINE LICENSING AND REGULATION, BY ADOPTING A NEW SUBD. 2 TO SEC. 5.45, CONSUMPTION AND DISPLAY OF LIQUOR, SPECIFYING THE TERM OF THE LICENSE. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 5, Liquor, Beer and Wine Licensing and Regulation, is hereby amended by adopting a new Subd. 2 to Sec. 5.45, Consumption and Display of Liquor, which shall read as follows: Subd. 2 . Term. Notwithstanding the provisions of Sec. 5. 02, the term of such license shall run from April 1 to March 31 of the following year. Section 2 - General Provisions. City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 5.99, 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, and shall apply to all licenses issued for a period beginning on or after July 1, 1992 . 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: 4c4,25:!77,7City Attorney Published in the Shakopee Valley News on the day of , 1992 . [5. 45] • Asa A Business Conference-Call, Inc. Now there's a better way to meet over the phone! 1 107 Hazeltine Blvd. (612)448-9410 Suite 307 1-800-448-9410 Chaska,Mn. 55318 March 9, 1992 Mayor Gary Laurent Shakopee City Hall 129 First Avenue East Shakopee, MN 55379 Dear Gary: My business partner and I are considering moving our business to Shakopee and may be interested in purchasing a piece of property owned by the City of Shakopee. Our business, A Business Conference-Call, Inc., currently employs 20 people and expects to expand to 22 employees at the end of this month. As our name implies, we provide conference call service to businesses throughout the United States. We are entering our fifth year of business and expect to continue to grow at the rate of 25-30 percent per year. We are interested in the property that is located east of and adjacent to the library. It is officially known as "Registered Land Survey 135, Tract A." We are considering building a one- or two-story office building of yet undetermined square footage to be occupied by our business. We would like to know as soon as possible if the City of Shakopee is interested in selling this property; if so, what the asking price would be; and what other assistance might be available from the City of Shakopee to make this purchase and new development possible. Thank you for your consideration; I look forward to your reply. My partner, Bob Kalla, or I can be reached at 448-9985 if there are any questions. n rely, Daniel L. Barber Vice President/Owner DLB:cg