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HomeMy WebLinkAbout12/04/1990 MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: November 30, 1990 1 . Attached is the Police Newsletter for City Council review. 2 . Attached are the November 10, 1990 minutes of the Shakopee Community Youth Building Committee Meeting. 3 . Attached are the October 17, 1990 minutes of the Energy and Transportation Committee Meeting. 4 . Attached are the October 17, 1990 minutes of the Community Development Commission. 5. Attached is the December calendar of Upcoming Meetings. 6 . Attached is the December Business Update from City Hall. 7 . Attached is the agenda for the December 6, 1990 Planning Commission meeting. 8 . Attached are the November 8 , 1990 minutes of the Planning Commission meeting. 9 . Attached is the agenda for the December 6, 1990 Board of Adjustment and Appeals meeting. 10. Attached are the November 8, 1990 minutes of the Board of Adjustment and Appeals meeting. 11 . Attached is a copy of the postcard which will be distributed with the utility bills on January 1 . The purpose of the postcard is two-fold. First, the postcard informs Shakopee residents of the special Christmas tree collection program and the accompanying cost. Second, the postcard thanks Shakopee residents for recycling and provides information on the recycling credit which equated to 1 month' s free collection service. 12 . Attached is a memorandum from the Assistant City Administrator regarding Dial-a-Ride Age Policy Amendment Request. SHAKOPEE COMMUNITY YOUTH BUILDING COMMITTEE MEETING MINUTES: NOVEMBER 10 , 1990 9 : 00 - 9: 45 A.M. MEMBERS PRESENT: Gwen Marie Solseth, Joyce Bassinger, Gary Lindstrom Minutes from the meeting of October 20 , 1990 were approved by the members present. Treasurer' s report was read and approved. OLD BUSINESS: Expenditure of $100 . 00 for stripping and waxing the floor was approved. We will suggest the floor be done on the weekend of Thanksgiving because there is no scheduled use at that time. LaVern reported that the insurance on the building has a $1 , 000 deductible so it does not cover the minor damages which have been occurring. Discussion was held regarding removing the pop and candy machines to remove temptation for break-ins. A letter has been sent to Mr. Barry Stock requesting street lights at the building for security. Cleaning schedules for the Cub Scouts and Girl Scouts have been arranged. NEW BUSINESS: We will ask Ed Dressen to attend the next meeting to give us an update on his activities and scheduling of the building. Fundraising was discussed. Joyce will check into sweatshirt sale fundraisers for the Youth Building. The meeting adjourned at 9 : 45 a.m. The next meeting of the Shakopee Youth Center Building Committee is scheduled for Saturday, December 8 , 1990 , at 9 : 00 a.m. MINUTES OF THE SHAKOPEE ENERGY AND TRANSPORTATION COMMITTEE REGULAR SESSION October 17, 1990 Chairperson Drees called the meeting to order at 7 : 05 p.m. with Commissioners Otto, Drees, Amundson, Reinke, and Roman present. Commissioners Case, Stolarcek and Ward were absent. Barry A. Stock, Assistant City Administrator and Dennis Ridley, Shakopee Dial-A-Ride manager were also present. Roman/Reinke moved to approve the minutes of the September 19 , 1990 meeting as kept. Motion carried unanimously. Mr. Stock noted that on October 9 , 1990 the Shakopee City Council concurred with the Energy and Transportation Committee ' s recommendation to issue a recycling credit to all refuse customers in Shakopee. In conjunction with the credit, at the direction of City Council staff has developed a postcard which can be inserted in the Shakopee Utility Bill to explain to Shakopee residents why the credit is being issued. Mr. Stock noted that he has prepared a draft of the postcard for the Committee ' s review and comments. He stated that the postcard will also contain information on the special Christmas Tree Collection Program which will be implemented again this year. Mr. Stock also noted that the credit will be issued during the month of December. It was the consensus of the Committee that the recycling credit postcard developed by staff was more than adequate. Mr. Stock stated that at the last meeting the Committee discussed alternative methods for encouraging recycling within apartment complexes located in Shakopee. One of the suggestions made by the Committee was to investigate the possibility of developing a recycling drop off center. Mr. Stock stated that he contacted Mr. Al Frechette, Scott County Environment Health Manager to discuss how we might proceed on this issue. Mr. Frechette informed staff that the County does not intend to offer any financial assistance to establish recycling drop off centers at this time. Mr. Frechette noted that a private hauler has established a recycling drop off center at the intersection of Hwy. 13 and Hwy 101. Mr. Frechette suggested that we contact our waste hauler to see if they would be willing to set up a recycling drop off facility. Mr. Stock stated that he then contacted Mr. Mike Berkopec from Waste Management to discuss the potential for establishing a recycling drop off facility. Mr. Berkopec stated that Waste Management would be very reluctant to assist us in this area due to the extreme difficulties they have experienced in other communities. Mr. Berkopec noted that generally it is very difficult to monitor recycling drop off sites and that they usually Minutes of the Page - 2 Energy and Transportation Committee October 17 , 1990 end up being dump sites for everything from household hazardous waste to used furniture. Mr. Berkopec stated that he would be willing to assist the City in establishing a drop off site but it would be imperative for the City to provide ongoing staffing of the site. Mr. Stock noted that in his conversation with Mr. Berkopec, he discovered that landfill rates will be increasing again on January 1, 1991. Mr. Berkopec suggested that perhaps this would be a good time to add plastics into our recycling program. Mr. Stock noted that to add plastics into our program would increase Shakopee ' s rates approximately 20¢ per household. This combined with the landfill increase might equate to around 50¢ per month. At least Shakopee residents would then be receiving additional service for a higher collection rate. Mr. Stock went on to state the Mr. Berkopec is attempting to determine the exact cost impact of the proposed landfill increase. Mr. Stock noted that the County is also considering increasing the perc payment from $16 to $32 per ton. The increase in the perc payment could be used to offset the cost of collecting plastics. Commissioner Amundson questioned whether or not all refuse haulers in Scott County would be eligible for the additional $16 increase in the perc payment. Mr. Stock stated that only those haulers that have established volume based refuse collection rates with 30 gallon rate differentials will be eligible for the additional $16 in perc payment. Additionally, the hauler must provide recycling services. Mr. Stock stated that this evening he invited Mr. Dennis Ridley, Shakopee Dial-A-Ride operation manager to our meeting to discuss upcoming issues as they relate to the provision of Dial-A-Ride service in Shakopee. Mr. Ridley shared with the Committee that they are currently in the process of working with the Workplace in Shakopee in an effort to mainstream persons with mental disabilities. This program is being pursued under the Regional Transit Board' s bus pass demonstration program. The Regional Transit Board has agreed to subsidize at a 100% level passenger trips for Workplace clients who may utilize our Dial-A-Ride service. Mr. Ridley noted that they intend to initiate service to the Workplace clients effective October 22 , 1990 . The program was intended to be effect through April 1st. Mr. Ridley also shared with the Committee information regarding the Americans with Disabilities Act. He noted that all new public transit buses ordered after August 26, 1990 must be accessible to individuals with disabilities. He also noted that all vehicle which are refurbished after this time also have to be handicapped accessible. Mr. Ridley stated that it would be quite some time before the actual implications of this act could be determined. Minutes of the Page - 3 Energy and Transportation Committee October 17 , 1990 Mr. Ridley went on to share with the Committee a problem that they have been having with persons who are utilizing the Dial-A-Ride service for trips outside of the Shakopee City limits. The majority of these trips are to the Southwest Metro Service area. Mr. Stock reminded the Committee on how this situation occurred. He noted that when Southwest Metro originally implemented their Dial-A-Ride program, they provided trips outside of their city limits. At the same time, we changed Dial-A-Ride providers. This resulted in some confusion between the dispatchers regarding the City' s policy to only provide service within our city limits. Mr. Stock noted that the ridership is around 12 persons. Mr. Ridley questioned whether or not the Committee wanted to continue to provide service for these persons since it was counter to the City' s policy regarding the service area. Chairperson Drees suggested that perhaps we could survey these users to determine if we could find a driver. If a driver could be found we could initiate a Vanpool . Mr. Ridley stated that it would be very easy to survey these riders in an attempt to identify a Vanpool driver. Commissioner Reinke stated that it would be much cheaper for the City of Shakopee to establish a Vanpool route for these persons. He went on to state that this would also free up the Dial-A-Ride vehicle to carry more passengers within the Shakopee City limits . Mr. Reinke stated that there would be no cost difference for the present users if a Vanpool program is implemented in this area. Commissioner Amundson questioned whether or not the dispatchers had a system in place so that no more riders would be added. Mr. Ridley responded in the affirmative. Commissioner Roman stated that she is aware of someone who just started using the Dial-A-Ride service to Eden Prairie High School . Mr. Ridley stated that he was not aware of any new riders that have been added to the out of town ridership list but that he would check into it. Mr. Ridley stated that he receives quite a few calls from persons who reside in the townships for Dial-A-Ride service. He questioned whether or not there was any way to expand service to these areas. Mr. Reinke stated that the Townships are outside of the Metropolitan Transit taxing district. He noted that they are in the exurban funding area. Mr. Reinke stated that he doubted whether or not the townships would want to increase taxes to provide transit service to their areas. Mr. Ridley stated that he could provide a list of ridership denials for the townships to show what the demand is. Mr. Stock stated that the City Council is meeting with the townships to discuss Community Recreation user fees. It might be possible to discuss both issues at the same time. Or at least mention the possibility of expanding service to the townships if they were willing to pay their fair share. Mr. Ridley stated that he would generate a list of denials for trips outside of the City limits. Minutes of the Page - 4 Energy and Transportation Committee October 17 , 1990 Mr. Reinke stated that he has heard comments from persons who have called the Dial-A-Ride office and received a busy signal . He questioned whether or not there were enough dispatchers for the Shakopee service. Mr. Ridley stated that at the present time the City of Shakopee has two lines dedicated to the Shakopee Dial-A- Ride service. He stated that he did not deny that on occasion both lines could be busy. He however stated that this generally only occurs during the morning rush hour. Mr. Ridley stated that he did not think that the problem was very severe at all . Mr. Ridley did state, however, that at the present time we are at capacity in terms of number of passengers we can carry, given the size of our vehicles. Mr. Ridley suggested that perhaps we could place into service a larger vehicle to replace the mini van during the winter months. Mr. Ridley stated that he does have an eighteen passenger vehicle parked outside which he would like the Committee to view to determine if it might be possible to utilize. Mr. Stock questioned whether or not the cost for the vehicle would be the same as the mini van. Mr. Ridley responded in the affirmative. It was the consensus of the Committee that since there was no cost difference that the eighteen passenger vehicle be placed into service as soon as possible and that the mini van be taken out of service during the winter months. Mr. Ridley then shared with the Committee a request from Morley Bus Company to add a fuel surcharge to the billing. Mr. Stock stated that the current contract does not provide for a fuel surcharge. He requested Mr. Ridley to have the Morley Bus Co. manager submit a formal request to amend the Dial-A-Ride contract to add a fuel surcharge provision. Mr. Stock stated that he will not respond until such time that the City receives a formal written request for an amendment with full justification. When the request is received, Mr. Stock stated that he would present it to the Committee for their review and consideration. Mr. Reinke questioned what the Dial-A-Ride policy was on carrying younger aged children. Mr. Ridley stated that they do not have a policy on a minimum age. He did however state that all children are required to wear a seat belt when they are in the Dial-A-Ride vehicle. Commissioner Amundson stated that she felt the Committee should establish a policy on a minimum age requirement for Dial-A-Ride users. Commissioner Amundson stated that she was concerned about the liability if the City does not have a formal policy regarding carrying younger aged children. It was the consensus of the Committee that staff should prepare a policy on this issue for the Committee ' s review and consideration. Mr. Reinke stated that he is on the Local Officials Advisory Task Force for the Regional Transit Board. He stated that if the Committee has any concerns that they would like him to bring up at Minutes of the Page - 5 Energy and Transportation Committee October 17 , 1990 their meetings, to please bring them to his attention. Mr. Stock stated that he felt the American Disabilities Act should be discussed by the Local Officials Advisory Board. Mr. Stock questioned what impact the Act would have on the provision of Vanpool service. Mr. Stock stated that it would not be cost effective at all for us to install a lift on all of our Vanpool vehicles. Mr. Stock stated that it would perhaps be possible for us to have one handicapped Dial-A-Ride vehicle but that he did not see the need for more than one. Mr. Stock stated that when we initially implemented the Dial-A-Ride program we did have a handicapped vehicle and we only carried two handicapped passenger trips during the entire 18 months in which we had the accessible vehicle. Mr. Stock then reviewed with the Committee the 1991 Transit Budget. Mr. Stock stated that the total 1991 Dial-A-Ride Budget is approximately $225, 000. Mr. Stock noted that this is approximately 60% of what is actually available to the City of Shakopee in terms of what is being levied. Commissioner Reinke stated that he would like to see us increase our marketing budget. Mr. Stock stated that in the past the Regional Transit Board has been very agreeable to amending our budget at any time during the calendar year. If we decide to implement new service or place additional vehicles into service that we could amend the budget. Mr. Stock noted that the Regional Transit Board generally requires a feasibility report and needs analysis prior to implementing any new service. Mr. Stock also noted that there are certain fair box recovery ratios which we must attain in order to receive Regional Transit Board funding. Therefore, it is important for us to continue to operate cost efficient and effective Dial-A-Ride and Vanpool service. Mr. Stock noted that the City Council approved the telephone book recycling resolution. Mr. Stock also noted that the refuse collection ordinance amendment, moving toward a closed refuse system would be placed on the second meeting of the City Council in November. Mr. Stock reminded the Committee that the next meeting of the Energy and Transportation Committee has been pushed back one week from the regularly scheduled date. Mr. Stock stated that our next meeting was originally scheduled for the day before Thanksgiving. He stated that since many people leave town for this holiday, that he is recommending that it be pushed back one week. The Committee concurred with Mr. Stock on rearranging the meeting date. Reinke/Amundson moved to adjourn the meeting at 8 : 15 p.m. Motion carried unanimously. 24. Minutes of the Community Development Commission City Council Chambers Wednesday, October 17, 1990 Vicechair Albinson called the meeting to order at 6: 05 p.m. with the following members present: Mike Pennington, Bill Mars, Jon Albinson, Charles Brandmire and Jane DuBois. Commissioners Beard and Miller were absent. Barry A. Stock, Assistant City Administrator was also present. Vicechair Albinson noted the following changes to the minutes: Canterbury Park 4th Addition should be Canterbury Park 10th Addition, the Auto Auction site is 50 acres, not 60 acres and the property owned by Toro is not platted. Brandmire/DuBois moved to approve the minutes of the September 19, 1990 meeting as amended. Motion carried unanimously. Mr. Stock noted that on October 16, 1990 the Shakopee City Council directed the City Attorney to prepare the appropriate amendment to the City Code in regard to Park Dedication Fees to rectify the problem of charging double fees in the case of replats. Commissioner Mars questioned why this issue came to a head? Mr. Albinson stated that the issue was precipitated by attorneys representing North American Life and Casualty (NALAC) . Mr. Albinson noted that NALAC was required to pay the higher park dedication fee on a recent replat. That was the primary motivating factor behind NALAC' s attorneys investigation of the matter. The fact that NALAC was attempting to sell some property to Toro and Toro was considering possible future expansion this became a motivating factor behind the pursuit of this issue. Commissioner Mars questioned whether or not Toro would have to pay the new park dedication fee when and if they expand? Mr. Albinson stated that if they do expand they will be subject to the new park dedication fees on the new area purchased. Mr. Albinson went on to state that any land that was not previously developed should have park dedication fees applied to it when it is platted. Commissioner DuBois questioned what happens in other cities in regard to park dedication fees on replats. Mr. Albinson stated that he did not know. He went on to state that replatting is not a very common practice. Commissioner Mars questioned whether or not Toro had a problem paying the new park dedication fees on the additional four acres that they may be acquiring. Mr. Albinson stated that, to the best of his knowledge, Toro did not have a problem with paying park dedication fees on the additional four acres when the property is platted. Minutes of the Page - 2 Community Development Commission October 17, 1990 Commissioner Mars questioned whether or not anything was happening with the Stans project. Mr. Stock responded in the negative. Mr. Stock stated that following the last meeting he contacted Mr. VanHout and informed him of the Community Development Commission ' s desire to meet with him to discuss mutual issues of concern as they relate to new development prospects. At the same time, Mr. Stock noted that he informed Mr. VanHout of the Community Development Commission' s recommendation to City Council regarding the issue of underground utility service along Valley Industrial Blvd. No. Mr. Stock stated that he invited Mr. VanHout to our meeting. Mr. Stock stated that he followed up the telephone conversation with written correspondence. Mr. Stock stated that he has not had any response from Mr. VanHout regarding a possible meeting. Additionally, Mr. Stock stated that on October 16, 1990 the City Council tabled action on the issue. City Council has requested the Community Development Commission to meet with the Public Utility Commission to discuss this matter and try to come up with a recommendation that would be mutually acceptable. Commissioner Brandmire suggested that we should pursue a joint meeting between the two bodies. Commissioner DuBois concurred. Commissioner Albinson suggested that perhaps two or three representatives from the Community Development Commission could attend the next Shakopee Public Utility Commission meeting to address the overhead line issue, as well as the other development issues in regard to providing technical assistance to new industrial prospects. Commissioner Brandmire suggested that we compile a list of the issues that we would like to discuss so that they can be submitted to the Commission prior to the joint meeting. Mr. Albinson suggested that perhaps the chair of the CDC could contact the chairperson of SPUC to be placed on the next agenda of the Shakopee Public Utility Commission. Commissioner Albinson stated that he would be unable to attend the meeting. Commissioner Brandmire stated that he would be willing to attend the meeting. Commissioner Pennington stated that he might also be able to attend the meeting but could not be sure at this time. Mr. Stock stated that he would contact Chairman Miller and would be in contact with the other commissioners who have stated a potential interest in attending the next SPUC meeting. Discussion ensued on the development of a City Map. Mr. Stock stated that at our last meeting we reviewed maps that have been produced for other communities. Mr. Stock stated that he contacted Mapco, the company that produced the Eden Prairie map to determine if they would do a map on Shakopee. Mapco officials stated that they do produce a map for northern Scott County. They were hesitant to go on record committing to a map explicitly on the City of Shakopee. They stated that the population density in the area did not justify the production of a map solely on Shakopee. 7 Minutes of the Page - 3 Community Development Commission October 17, 1990 Commissioner Brandmire suggested that perhaps the Chamber of Commerce would be interested in pursuing this issue. Commissioner Brandmire stated he saw this as a business promotion publication. He stated that perhaps a committee of the Chamber would want to take this on as a project and sell their own advertising to produce a map in cooperation with the Community Development Commission. Commissioner DuBois questioned what the cost was in producing a city map such as the one done in Eden Prairie. Commissioner Brandmire stated that generally the advertising included on the map covers the cost of production. Commissioner Pennington stated that several years ago a company approached the Jaycees about the possibility of producing a city map with the Jaycees selling advertising to offset cost and also to be a fund raiser. Mr. Pennington stated that he thought that the Jaycees might be interested in buying an ad spot and that other organizations might also be willing to buy an ad spot on a city map. Commissioner DuBois stated that schools should also not be overlooked on the map. Miller/Brandmire moved to contact the Chamber of Commerce to determine if they would be interested in co-sponsoring a city map with the Community Development Commission. Motion carried unanimously. Mr. Stock informed the Committee that the Downtown Committee was in the process of promoting the second funding cycle for the Rehab Grant Program. The application deadline is November 15, 1990. Mr. Stock noted that the Downtown Committee is also currently investigating the development of a retail business incubator. Mr. Stock also noted that the Committee is investigating a facade easement program. This type of program could be beneficial in encouraging the property owners to improve the fronts or rears of their businesses. Commissioner Albinson stated that the Transportation Coalition recently conducted the ground breaking for the southerly bypass. He noted that the construction on the project will begin yet this fall . Mr. Albinson also noted that construction on the downtown mini bypass would also begin within the next two weeks. Commissioner Mars stated that a Business Appreciation Breakfast has been scheduled for Thursday, October 25, 1990 at 7 : 30 a.m. at the Canterbury Inn. Mr. Mars noted that invitations were sent to all of the businesses in the Shakopee Town Square. Mr. Mars noted that the next Business Appreciation Breakfast will be focused on downtown business owners and the following breakfast will focus on businesses who are located along Marschall Rd. Minutes of the Page - 4 Community Development Commission October 17, 1990 Commissioner DuBois stated that the Housing Assistance Committee has not had the opportunity to meet. She stated that the subcommittee will be,working on identifying programs for first time home buyers. She noted that Savage has been very progressive in this area and questioned whether or not staff could attempt to determine which programs they utilized in providing first time home buyers assistance. Ms. DuBois also noted that housing affordability is a major issue and that the subcommittee will be addressing it. She also noted that Code Compliance, Truth in Housing and the licensing of rental units will also be discussed by the subcommittee. She hoped that the committee would have more time to meet with the winter season rapidly approaching. Mr. Stock informed the Committee that the new Park Advisory Board will be meeting on October 23 , 1990 for an informational meeting. Mr. Stock noted that the November meeting of the Community Development Commission has been pushed back one week to November 28 , 1990. Mars/Pennington moved to adjourn the meeting at 7 : 00 p.m. Motion carried unanimously. Barry A. Stock, Recording Secretary * 5 December 1990 Upcoming Meetings SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 7 8 4:30pm 7:00pm City 7:00pm City 7:30pm Public Council Council - Planning Utilities Meeting Budget Commission Hearing 9 10 11 12 13 14 15 7:45am Downtown Committee 7:00pm Budget Hearing Cont. 16 17 18 19 20 21 22 7:00pm 7:00pm City 5:00pm CDC Community Council 7:00pm Services Meeting Energy & 7:00pm Transport- Cable ation Commission 23 24 25 26 27 28 29 Christmas Christmas Eve - City -City Hall Hall Closed Closed 30 31 November 1990 January 1991 S M T W T F S SMTWTFS 1 2 3 1 2 3 4 5 4 5 6 7 8 9 10 6 7 8 9 10 11 12 11 12 13 14 15 16 17 13 14 15 16 17 18 19 18 19 20 21 22 23 24 20 21 22 23 24 25 26 25 26 27 28 29 30 27 28 29 30 31 11/20/1990 jklip BUSINESS UPDATE FROM CITY HALL Vol . 4 No. 11 Dear Chamber Member: December 1, 1990 CITY CLERK City Council meeting dates for January, 1991 have been changed from January 2nd and 15th to January 8th and 22nd. Applications for openings on Boards and Commissions MUST be received no later than January 8th; however, if they could be submitted earlier, it would be appreciated. Applications can be obtained at City Hall or by calling 445- 3650 . On Nov. 20th, City Council amended the City' s gambling regulations. 75% of gambling expenditures must be spent for lawful purposes conducted or located within the City ' s trade area. Shakopee' s trade area includes cities contiguous to Shakopee. COMMUNITY DEVELOPMENT Rehab Grant Program - The deadline date for submitting applications for the second funding of the Downtown Rehab Grant Program was Friday, November 16, 1990 . Five grant applications were submitted for funding. Estimated total building improvement costs exceed $50, 000 . The Shakopee HRA will be considering the grant application requests for 25% of the cost estimates at their first meeting in December. Recycling Program - Early next year the Shakopee Recycling Program will be expanded to include the curbside collection of plastics and corrugated cardboard. Economic Development Coalition - For the past three months, the Shakopee Community Development Commission has been investigating with the other communities in Scott County the possibility of creating an economic development coalition. The primary purpose of the coalition would be to serve as a marketing vehicle to promote development in Scott County. Secondarily, the coalition would provide direction to prospective developers and assist them in obtaining financial assistance through the Twin Cities Metro Development Company and the Small Business Administration. The Community Development Commission is hoping to make a final recommendation regarding the City' s participation in this endeavor to the City Council on this issue prior to year end. ENGINEERING/PUBLIC WORKS The construction season is over for 1990 with all of this summers construction work has been completed except for a few small items that the contractor' s will be taking care of in the spring. The Engineering Department is presently working on feasibility reports for construction/reconstruction of Shumwav St. (3rd to 6th) , Scott St. (6th to 7th) , 2nd Ave. (Sommerville to Naumkeaq) , Harrison & Jackson St. (11th to 12th) and Muhlenhardt Road. PLANNING The City Council has directed staff to schedule a joint meeting with the Planning Commission to discuss the Comprehensive Plan. The meeting is scheduled for January 15, 1991 . An amendment to the Subdivision Regulations has been adopted by the City Council . The new ordinance will allow for the reassembling of platted recorded lots in a similar fashion as the lot split process. Collectively the lot split and lot reassembly procedures will help improve the efficiency of the building permit review process. POLICE Before the holiday season is over, drivers who have been drinking will cause several traffic accidents in the Shakopee Area. Some of these people will be arrested. We hope none of them will be killed. The bar and tavern owners of Shakopee, the Chamber of Commerce and the Police Department are working together to promote traffic safety and to reduce the number of incidents of drunk driving that occur in our city by initiating a "Designated Driver" project starting November 21, 1990 . The pilot project which will run through New Year' s Day provides free soft drinks for Designated Drivers who agree not to consume alcoholic beverages for an evening and to provide transportation home for members of their group who do drink. Persons wishing to become designated drivers may do so by signing a pledge form available at participating establishments, the Chamber Office or the Police Department. Persons signing the pledge will receive an identification bracelet which will entitle them to free soft drinks at participating establishments which will display signs welcoming designated drivers. The following establishments have agreed to participate in the project: Arnie 's Bar, Cheer' s To Ya, Turtles Bar and Grill, Eagles Club, Pullman Club, Canterbury Lanes, Jerry' s Bar, Shakopee House, Winners at Canterbury Inn, Rock Spring, American Legion Club, VFW Club, KC Hall and Stonebrook. SHAKOPEE COMMUNITY RECREATION (S.C.R. ) This will be the final update under the Shakopee Community Recreation byline. In January we will be called Parks & Recreation. Winter outdoor recreation brings to mind ice skating and Shakopee administers neighborhood ice skating rinks in five locations: Stans Park, Jr. H.S. , Holmes Park, Lions Park, and Hiawatha Park. Shelter buildings will be open for general skating during Christmas Vacation starting December 22nd afternoons and evenings, excepting December 24 and 25 . Thereafter, they will be open Saturdays and Sundays through February 10 . Good skating, of course, awaits everyone at other hours. You just have to change your skates outdoors which is what a lot of us did anyway when we were young! 7 TENTATIVE AGENDA PLANNING COMMISSION Regular Session Shakopee, MN December 6, 1990 Chairperson Melanie Kahleck Presiding 1 . Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of November 8 , 1990 Meeting Minutes 4 . Recognition by Planning Commission of Interested Citizens. 5 . 8 : 00 P.M. PUBLIC HEARING: To consider a request to rezone lots 1 , 3 , 4 and 5 , Block 1 Eagle Creek Junction First Addition from an R-4 district to an R-3 district. Applicant: Inca Development Randy Laurent 6 . 8 : 10 P.M. PUBLIC HEARING: To consider a proposed interim ordinance for public facilities near the Senior High School. 7 . 8 : 30 P.M. PUBLIC HEARING: To consider amending the Shakopee City Code, Section 12 . 07 , Subd. 5, adjusting the park dedication required for subdivision plats. 8 . 1991 Meeting Schedule for the Board of Adjustments and Appeals and the Planning Commission. 9 . Other Business a. Comprehensive Plan - Planning Commission/City Council Joint Meeting - Tuesday, January 15, 1991. b. c. 10 . Non-agenda Informational Items 11. Adjourn Lindberg S . Ekola City Planner NOTE TO PLANNING MEMBERS: 1. If you have any questions or need additional information on any of the above items, please call Lindberg or Aggie on the Monday or Tuesday prior to the meeting at 445-3650 . 2 . If you are unable to attend the meeting, please call the Planning Department prior to the meeting. PLANNING COMMISSION MEETING MINUTES SHAKOPEE, MINNESOTA REGULAR SESSION November 8, 1990 MEMBERS PRESENT: Allen, Joos, Kahleck, Lynch, Rockne, Spurrier Christensen MEMBERS ABSENT: None OTHERS PRESENT: Lindberg Ekola, City Planner Karen Marty, City Attorney Aggie Unze, Recording Secretary 1. ROLL CALL Chairperson Kahleck called the meeting to order at 7 : 34 p.m. Roll call was taken as noted above. 2 . APPROVAL OF AGENDA Commissioner Spurrier requested that 9b, "Process for handling zoning complaints" be added to the agenda. Mr. Ekola also added 9c "Discussion on the Comprehensive Plan" . 3 . APPROVAL OF THE OCTOBER 4TH, 1990 MEETING MINUTES The minutes of the October 4th, 1990 meeting were approved as kept. 4 . RECOGNITION BY PLANNING COMMISSION OF INTERESTED CITIZENS Chairperson Kahleck explained that if anyone present would like to speak on an item not listed on the agenda, they should speak at this time. No one offered any additional agenda items. 5 . FINAL PLAT - VALLEY PARK 10TH ADDITION Mr. Ekola presented the informational highlights on the request for Final Plat approval of Valley Park 10th Addition. He pointed out the problem with 10th Ave. cul-de-sac dedication. This street segment is over-length by the Subdivision Regulations and therefore he suggests not to accept dedication at this time and suggests that the area be identified in an Outlot. * Commissioner Christensen joined the Planning Commission meeting at 7 : 36 p.m. The City Planner went on to explain that park dedication fees have been collected on the existing Toro and Valley Industrial Center 3 but that some new land area is being added for which Minutes of the Page -2 Shakopee Planning Commission November 8, 1990 no park dedication fee has been paid. He therefore suggests that the park dedication requirements should be paid on the new land area for these properties. In conclusion the City Planner recommended the approval of Valley Park 10th Addition with three conditions: 1. Approval of title opinion by the City Attorney. 2 . Execution of an agreement addressing: a) 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. b) No building permits will be issues on the Outlots until they are replatted. c) 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. 3 . Remove the 10th Avenue right-of-way dedication from the plat and identify the area as an outlot. Commissioner Spurrier questioned if the street, 10th Avenue, is already built? Mr. Ekola answered in the affirmative. Commissioner Spurrier questioned if there was access to the street from either direction. Mr. Ekola stated there was access to the south. Spurrier wondered why is it an Outlot instead of a street. Mr. Ekola explained that a developer has the right to build a street and give others permission to use it. Commissioner Spurrier questioned why the City doesn 't want it dedicated as long as it ' s already being used as a street. He felt we were only leaving the problem for the future. Dave Hutton, the City Engineer explained that the street is private. The City does no maintenance on it and it does not need to fill the City standards . Jon Albinson explained that the street was built for FMG to gain access to Valley Park Dr. and stated that he was willing to plat it as an Outlot, maintain and plow it. He preferred not to dedicate just a part of it in case there would be a need to change the street in the future. Mr. Albinson then went on to discuss the park dedication fees for the plat. He stated that park dedication fees were intended to be based on the community needs of the surrounding area and subdivisions. Mr. Albinson pointed out that Lot 2 does not promote development because of its odd shape, therefore he requested waiving of the park dedication fee until such time that it could be added to another property to I Minutes of the Page -3 Shakopee Planning Commission November 8, 1990 encourage additional development opportunities. At that point in time he then felt it would be appropriate to charge the park dedication fees. Karen Marty the City Attorney stated that it is not the policy of the city to collect on one, defer on another when it came to park dedication fees. This is the time to require fees. Commissioner Spurrier commented that the low areas usually become parks or are used for recreation or drainage. They have the potential for runoff. Commissioner Christensen question if the park dedication fee is a one time fee. Mr. Ekola answered that the park dedication fee is a one time only charge. Commissioner Rockne clarified that park dedication doesn't have anything to do with drainage and questioned whether there was a railroad spur on this plat. Jon Albinson confirmed that there was a railroad spur on the odd shaped lot. Commissioner Rockne viewed this as a definite advantage for future development and supported the idea of park dedication fees being paid now. Commissioner Allen asked Mr. Albinson what kind of a time slot he was working with on the Outlots. Mr. Albinson stated he and the landowners may be ready by next summer. Commissioner Allen suggested to Mr. Albinson that he wait with the platting until then. Mr. Albinson stated they needed it done now. Mr. Albinson also requested that the radius corners be deleted from the plat as it was discovered that the square corners had extremely large easements figured into them at Valley Park Dr. and 12th Ave. , but did not show on the plat map. Commissioner Spurrier stated that they already decided not to address corners tonight. Ms. Marty offered to give more consideration to the park dedication fees if Mr. Albinson wanted to delay the final plat. Mr. Albinson stated he could not delay the plat. Commissioner Rockne questioned whether the railroad spur was privately owned. Mr. Albinson stated that the plat owners also owned the railroad spur and that it is being used to service the K-Mart Warehouse. The owners of the spur can give permission for others to use it. Commissioner Rockne commented that he felt the spur enhanced the value of the property. Motion: Allen/Joos moved to approve the final plat of Valley Park 10th Addition with three conditions. Commissioner Spurrier asked if the easement satisfied the right-of-way issue. Ms. Marty stated that an easement was not a road. The cul-de-sac street is over the 500 ' requirement to Minutes of the Page -4 Shakopee Planning Commission November 8, 1990 be a cul-de-sac. There was no end or connection within the 500 ' . Commissioner Spurrier stated that the road serviced property unrelated to the plat and felt the City should take the dedication of this road. Chairperson Kahleck questioned whether he meant to accept the dedication and then give a variance for the length of the cul-de-sac. Commissioner Spurrier asked if there was an easement on RLS 134 and questioned whether they can continue to use it. If there is an easement couldn't the City accept the easement and dedicate the cul-de-sac. Mr. Albinson stated that he felt the City shouldn't force property owners to give easements so other properties can use the road. In this case, the other road user helped build the road but he disagreed that property owners should be forced to let others use their privately owned road. Commissioner Rockne clarified the rationale for the ordinance only allowing a 500 ' cul-de-sac. He stated it was mostly due to residential areas where longer cul-de-sac would make it difficult for safety vehicle responses, such as fire trucks and police. The original motion was withdrawn by Commissioner Allen and the second withdrawn by Commissioner Joos. Motion: Allen/Joos moved to approve the final plat of Valley Park 10th Addition with the three conditions and delete the original requirement of radius corners. Motion carried with Commissioner Spurrier opposed. 6 . PUBLIC HEARING - Proposed Amendment to City Code to allow for minor subdivisions. Mr. Ekola presented two case studies to demonstrate the need to amend the City Code. He pointed out the need to have a method to reassemble platted recorded lots and remove the interior lot lines. The disadvantage of permitting these lot lines to stay in place is that the owner then is subject to all the setback requirements to the internal lot lines. The property owner then either has to apply for multiple variances or replat the property through the subdivision platting process . The proposed ordinance amendment for lot reassembly would allow for only platted recorded lots, with a maximum of five lots to be reassembled. This process could not be used if the lots involved were in a planned unit development or required any new rights-of-ways, easements or extensions of streets or other municipal utilities or facilities. This reassembly amendment would be combined with the present lot split ordinance to collectively be termed the minor subdivision process. Minutes of the Page -5 Shakopee Planning Commission November 8, 1990 The review, Mr. Ekola continued, could be done administratively or by the Planning Commission and City Council . Presently the lot split process includes an administrative review and staff is recommending the same process for lot reassemblage. In conclusion, Mr. Ekola stated the Planning Commission has three alternatives. 1. To approve the lot reassembly concept with administrative review and approval . 2 . Approve the lot reassembly concept with Planning Commission review and approval . 3 . Maintain status quo. Require variances and/or replatting procedures. Commissioner Spurrier questioned whether there is anything in the amendment that would allow unplatted property to be split or reassembled. Mr. Ekola answered in the negative. Discussion ensued on the case study boundaries and owners of each. Mr. Ekola stated that the division should match future uses and the zoning ordinance requirements. Commissioner Joos questioned whether there was anyway to get property owners to reassemble properties that presently have a single use with multiple interior lot lines still existing. Mr. Ekola stated that the City cannot force them to reassemble their lots but that Building Permits could be a good tool to use to accomplish this when property owners which to build or remodel on the property. Commissioner Joos reassured Bud Beireis in the audience that the Commission did not have a problem with his request for a reassembly of property lots but that the Commission was using his situation as a case study to determine the best way to amend the ordinance for all types of possible future reassemblage requests. Commissioner Christensen questioned if there was anything negative to adopting the proposed amendment. Commissioner Rockne stated that they were looking at all details to avoid any situations in which the ordinance might put the City' s interests in jeopardy. Mr. Bill Hauer questioned whether there is any problem with the selling of his property to Bud Beireis. He has paid $17 , 000 in assessments and does not want the deal to fall through. Minutes of the Page -6 Shakopee Planning Commission November 8, 1990 Chairperson Kahleck closed the public hearing. Christensen/Lynch moved to approve the proposed subdivision regulation amendment on minor subdivisions. Commissioner Rockne requested the City Attorney to go through the legal ordinance. Commissioner Allen questioned whether the Commission would set a precedent by authorizing administrative review in this situation. Mr. Ekola stated that this would only be authorized in this matter and would not give authority in any other part of the ordinance. Commissioner Spurrier questioned whether the five lot maximum is too limiting for the reassemblage process. Ms. Marty stated that five is what is used in lot splits and that the number is kept relatively small to avoid developers using this process instead of the preliminary and final platting procedures. Motion carried unanimously. 7 . MINERAL EXTRACTION Mr. Ekola shared a concern that the City Council raised on mineral extraction activities in the Agricultural zoning district. The City Council directed the Planning Commission to review the concern. Staff is researching the topic and suggested that the public hearing be held off until the January Planning Commission Meeting as the December meeting already has several public hearings scheduled. Motion: Joos/Rockne made a motion to have a public hearing to review the City Ordinance on mineral extraction at their January 3 , 1991 meeting. Motion carried unanimously. 8 . PARK DEDICATION FEES The City Planner informed the Commission that at their October 16 meeting, the City Council passed a motion directing staff to amend the subdivision regulations regarding park dedication fees. Staff is researching alternative to park dedication requirements and will schedule a public hearing in an appropriate time frame. 9 . OTHER BUSINESS a. Mr. Ekola called the Commission' s attention to the change in meeting date for the Metropolitan Council meeting on Rural Service Area Policies. The meeting is rescheduled for Monday, November 19 , 1990 at 7 : 00 p.m. at the Scott Minutes of the Page -7 Shakopee Planning Commission November 8, 1990 County Courthouse. Chairperson Kahleck strongly recommended the Planning Commissions to attend. b. Commissioner Spurrier questioned how a zoning complaint is presently handled by the staff. Mr. Ekola explained that the complaints are presently being fielded by Planning staff. The City Council at their last meeting agreed that the Building Dept. will help in this area in their slow times. Commissioner Spurrier stated that he would be in favor of all complaints being written and tallied so that statistics could guide the Planning Commission to prioritized the issues they are required to handle. If the complaints are not recorded, the board has not way of knowing the needs of the City. Ms. Marty clarified that the Planning Commission is a policy making body and they could suggest log keeping. Mr. Ekola was instructed to carry these concerns back to administration staff. c. Mr. Ekola reminded the Planning Commission that the final draft of the Comprehensive Plan will be reviewed by the City Council at their November 20 , 1990 meeting. He encouraged the Commissioners to try to be present to answer any questions the City Council may have on the Comprehensive Plan. 10 . NON-AGENDA INFORMATIONAL ITEMS A short discussion ensued on non-agenda informational items. 11. ADJOURNMENT Chairperson Kahleck adjourned the meeting at 9 : 15 p.m. TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, MN December 6, 1990 Chairperson Melanie Kahleck Presiding 1. Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of November 8 , 1990 Meeting Minutes 4 . Recognition by Board of Adjustments and Appeals of Interested Citizens. 5. 7 :40 P.M. PUBLIC HEARING: To consider a 30 foot variance from the required accessory building setback. Applicant: Zefere Lusignan Action: Variance Resolution No. 600 6 . 7 : 50 P.M. PUBLIC HEARING: To consider a variance to expand a nonconforming structure in a side yard setback. Applicant: Esther A. Rademacher Action: Variance Resolution No. 601 7 . Other Business a. b. c. 8 . Adjourn Lindberg S. Ekola City Planner NOTE TO THE B.O.A.A. MEMBERS : 1. If you have any questions or need additional information on any of the above items, please call Lindberg or Aggie on the Monday or Tuesday prior to the meeting. 2 . If you are unable to attend the meeting, please call the Planning Department prior to the meeting. 3 BOARD OF ADJUSTMENTS AND APPEALS MEETING MINUTES SHAKOPEE, MINNESOTA REGULAR SESSION November 8, 1990 MEMBERS PRESENT: Allen, Joos, Kahleck, Lynch, Rockne, Spurrier MEMBERS ABSENT: Christensen OTHERS PRESENT: Lindberg Ekola, City Planner Karen Marty, City Attorney Aggie Unze, Recording Secretary 1. ROLL CALL Chairperson Kahleck called the meeting to order at 7 : 30 p.m. Roll call was taken as noted above. 2 . APPROVAL OF AGENDA Agenda was approved as submitted. 3 . APPROVAL OF MINUTES OF OCTOBER 4TH MEETING Minutes of the October 4th meeting were approved as submitted. 4 . RECOGNITION OF INTERESTED CITIZENS Chairperson Kahleck explained that if anyone present would like to speak on an item not listed on the agenda, they should speak at this time. No one offered any additional agenda items. 5 . OTHER BUSINESS None. 6 . ADJOURNMENT Meeting adjourned at 7 : 35 p.m. SHAKOPEE CHRISTMAS 4110 TREE PROGRAM Christmas tree collection days in Shakopee will be as follows: All residents east of Holmes St. -Tuesday collection,Jan. 8, 15 All residents west of Holmes St. - Friday collection,Jan. 11, 18 Please put all x-mas trees at the curbside. There will be no alley pickup of x-mas trees. Disposal cost - two (2) extra service coupons must be attached to the tree. Coupons are available at City Hall, 129 East First Avenue and the License Bureau, Scott County Courthouse. For more information call 890-1100. • Wreaths should be disposed of with your regular refuse. •• THANK YOU rl,T�'', FOR RECYCLING r r This months bill does not include a fee for refuse 1111 ! collection. On October 9, 1990 the Shakopee City Council elected to delete the refuse fee from the togDecember billing to compensate Shakopee resi- dents for the positive efforts they have made in recycling. The funding for the recycling credit was generated from the sale of the recycled materials collected in conjunction with the City's recycling pro- gram. Since the implementation of the curbside recycling program in March of 1990 over 1.8 million pounds of recyclable materials have been collected. This equates to over 12% of the total residential waste gener- ated in Shakopee. Congratulations and keep up the good work! *la- MEMO TO: Shakopee City Council FROM: Barry A. Stock, Assistant City Administrator RE: Dial-a-Ride Age Policy Amendment Request DATE: November 29 , 1990 INTRODUCTION AND BACKGROUND: Shown in attachment #1 is a correspondence received from Mr. and Mrs. Bruce Biermann requesting the Energy and Transportation Committee to consider amending the Dial-a-Ride Age Policy. I did present this request to the Shakopee Energy and Transportation Committee on Wednesday, November 28, 1990. Shown in attachment #2 is a letter that I drafted to Mr. & Mrs. Biermann informing them of the Energy and Transportation Committee' s position on this issue. Mcg #( RECEIVr." To: Energy and Transportation Committee NOV 2 6 1980 From: Bruce and Mary BiermannITA( OF SHAKOPEE Date: November 23, 1990 Subject: Dial-a-Ride Age Policy cc: Mary Blatzheim (S.C.L.C. ), Shirleyrde (Shirley's Day Care) This memo is written in support of the proposed Dial-A-Ride Age Policy. tie have used the services of Bial-A-Ride the past two years to transport our preschool son to & from Shakopee Child Learn;g Centea (This year there are 10 other S.C.L.C. students using the service.) In the past two years,, the Dial-A-nide services have been very valuable, as Jon would not be able to attend the school without them. We have also been pleased with the services provided by Dial-A-Ride, with the excep- tion of the one incident cited in Barry Stock's memo dated 11-16-90. We need to continue to use the services of Dial-A-Ride as we have found the preschool education he has received provides the necessary social and academic preparation needed for a good education. However, we, like every other consumer, expect that Dial-A-Ride will transport our child in a manner which provides unconditional safety. To us as a family, that means the child will be picked up at the address specified and dropped off at the address specified. +1e also feel that any respon- sible adult receiving payment for services to transport a preschool child does not leave the drop off point until the child is inside the facility- (be it our daycare provider or our home or S.C.L.C.) . We do not feel the need to remind the members of the committee, but will reitterate what we feel you surely already know, inasmuch that our youth are the community's most valuable resource---the future decision makers of not only our community, but our country. We might also share with you what we think the advantages of implementing the age policy are: • The child continues to enjoy safe and comfortable transportation services. • The consumer (or family) continues to receive services it pays for and has the security and peace of mind that the child is transported in a safe manner. • Dial-A-Ride continues to maintain or increase their customer base (& revenues) as more parents will continue to use the services as provided on an excellent basis. It also eliminates the possibility of injury to our youth and possible legal action against Dial-A-Ride. • The City of Shakopee continues to provide a safe, high quality transportation service to the members of the community, while protecting itself from possible injury and danger to it's youth, and/or again possible legal action brought against the City. 1e strongly urge the Committee to recommend to the City Council) approval )L of the Dial- -Ride Age policy as proposed. "LA , '�^� l �/4".(c4ve...,4_ 4/- z. 440rit 4Nssils. CITY OF SHAKOPEE ��? INCORPORATED 1870 Lia 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379-1376 (612)445-3650 ikK 1 • e-«--.. t a4 November 29, 1990 Bruce and Mary Biermann 302 East Mound Street Shakopee, Minnesota 55379 RE: Dial-A-Ride Age Policy Dear Mr. and Mrs. Biermann: On Wednesday, November 28, 1990 the Shakopee Energy and Transportation Committee met to consider adopting a Dial-A-Ride age policy. The policy proposed at that time would have made it mandatory for children age four years and under to be accompanied by an adult in order to board a Dial-A-Ride vehicle. Children between the ages of five and seven would have been provided with door through door service. After a lengthy discussion on the issue, the Committee formally moved to maintain the status quo in terms of our current policy (curb to curb service) . Additionally, the Committee made a motion to direct the appropriate City officials to develop a flyer which could be distributed to all Dial-A-Ride users, educating them of our current curb to curb service policy. Since the inception of the Dial-A-Ride program in 1984, it has been the policy of the City of Shakopee to provide curb to curb service. To date the Shakopee Dial-A-Ride program has carried in excess of 170, 000 passengers. During that time, we have experienced several isolated incidents similar to the one that you experienced. The Committee felt that changing our policy from a curb to curb to a door to door service would expose the City of Shakopee to greater liability than what presently exists. Additionally, the Committee heard from the Dial-A-Ride manager who stated that the Dial-A-Ride drivers are hesitant to accept the responsibility of insuring that a child is safely transported from the door at one location through the door at the final destination point. The Committee wanted me to share with you the fact that they are very concerned about providing safe transportation in Shakopee. However, at the same time, they recognize that it is impossible to guarantee unconditional safety at all times. In providing Dial-A- Ride service, there are a number of factors that come into play. Both the end user and the Dial-A-Ride provider must rely on each other to make the program work. Of course there are other factors The Heart Of Progress Valley AN EQUAL OPPORTUNITY EMPLOYER / that cannot be controlled by either party. The Committee appreciates your concern over the level of service being provided in our community and hopes that.you will continue to use the Dial-A-Ride program for your transportation needs. If you would like to discuss in greater detail the Committee' s decision and the rationale behind their decision, please feel free to call me at 445-3650. Sincerely, ;"(E")344rW- Barry A. Stock Assistant City Administrator aultrdar TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA DECEMBER 4 , 1990 Mayor Gary Laurent presiding 1] Roll Call at 7 : 00 P.M. 2 ] Approval of Agenda 3 ] Recess fcr H.R.A. Meeting 4 ] Re-convene 5] Liaison Reports from Councilmembers 6] Mayor ' s Report 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] Approval of Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *9] Approval of Minutes of November 20, 1990 10] Communications: a] Steve Hentges re: Lewis Street Project b] Bill Anderson re: Cable Commission Services 11] Public Hearings: None 12 ] Boards and Commissions: None 13 ] Reports from Staff: a] Shakopee Public Utilities Commission Members regarding service area acquisition - Res. No. 3322 b] Appointment To Fill Expired Term On SPUC c] Pheasants Preservation Inc. Premises Permit - Res. No. 3310 - tabled 11/20 d] Massage Parlors *e] Contingency Plan For Impounding of Animals *f] Towing Contract for 1991 & 1992 g] Dangerous Intersection h] Snow and Ice Control Plan - Res. No. 3321 i] Snow Plow Contract j ] Storm Drainage Utility Fees k] Approval of Bills in Amount of $653 , 445 . 51 TENTATIVE AGENDA December 4 , 1990 Page -2- 13] Reports from Staff continued: 1] 1991 Pay Plan for Non Union Employees - memo on table *m] Probation Termination *n] Vacation Carry-Over for Police Detective *o] Surplus Property Certification 14] Resolutions and Ordinances: None 15] Other Business: a] yOnoR a..Rtvm. Mon a /¢pp2o b] c] d] 16] Adjourn to Wednesday, December 5, 1990 at 7: 00 P.M. Dennis R. Kraft City Administrator TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNEOSTA Regular Meeting December 4 , 1990 1. Roll Call at 7 : 00 P.M. 2 . Approval of the November 6, 1990 Meeting Minutes 3 . Rehab Grant Program Application Approvals 4 . Lots 8 , 9 , 10 , Block 7 OSP 5 . Other Business a) b) 6 . Adjourn Dennis R. Kraft Executive Director OFFICIAL PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY REGULAR SESSION SHAKOPEE, MINNESOTA NOVEMBER 6, 1990 Chairwoman Vierling called the meeting to order at 8 : 05 p.m. with Comm. Zak, Sweeney, Wampach and Clay present. Also present were Mayor Laurent, Dennis Kraft, City Administrator; Barry Stock, Asst. City Administrator; and Karen Marty, City Attorney. Sweeney/Zak moved to approve the minutes of October 9 , 1990. Motion carried unanimously. Chairwoman Vierling asked if there was any other business. There was none. Sweeney/Wampach moved to adjourn. Motion carried unanimously. Meeting adjourned at 7 : 08 p.m. Dennis Kraft, City Administrator Carol Schultz Recording Secretary MEMO TO: Dennis R. Kraft, Executive Director, Shakopee HRA FROM: Barry A. Stock, Assistant City Administrator RE: Rehab Grant Program Application Approvals DATE: November 28, 1990 INTRODUCTION: The deadline for the submittal of grant applications for the second funding cycle of the Downtown Rehab Grant Program was November 16, 1990. Five grant application requests were submitted for funding approval. It would be appropriate at this time for the Shakopee HRA to take action on approving or denying the grant application requests as submitted. BACKGROUND: Five complete applications were submitted in conjunction with the second round of funding for the Downtown Rehab Grant Program. The following is a list of those persons who submitted grant application requests, proposed rehabilitation work and estimated project costs: Improvement Rehabilitation Estimated Applicant Site Elements Projected Cost 1. Chuck Mensing 177 S. Fuller Painting of Bldg $ 23 ,880 Awning, Window Repair, New Entry- way. 2. Betti Lu Prow 126 S. Lewis Signage & Awnings $ 4,700 3 . Steve Olson 116 S. Holmes Signage & Awnings $ 4, 000 4 . Bill Lepley 126 S. Holmes Resurface Exterior, $ 15, 000 Windows, Signage, Roof & Awnings 5. Bill 128 S. Lewis Windows $ 2 , 500 Wermerskirchen Last week the design review team met to review the applications and make a recommendation to the Shakopee Housing and Redevelopment Authority. In accordance with the Rehab Grant Program Guidelines each grant application was reviewed and scored. Earlier this year the HRA approved $50, 000 from the HRA reserve funds for the Rehab Grant Program. In the first funding cycle, $3, 550 in grant funds were reserved for three projects. In this funding cycle, the total amount of grant funds being requested by the five applicants equates to $12, 520. The Downtown Committee will be evaluating the programs effectiveness at their next meeting and making a recommendation to the CDC regarding the possibility of continuing the program. The CDC will then make a recommendation to the HRA for their consideration. The design review team, Community Development Commission and Downtown Committee are recommending that the HRA approve the grant applications as submitted. If the HRA concurs, it would be appropriate at this time to authorize the appropriate HRA officials to enter into and execute Rehab Grant Program Agreements with each of the approved applicants. ALTERNATIVES: 1. Authorize the appropriate HRA officials to execute Rehab Grant Program Agreements with each of the approved applicants. 2 . Table action on approving the grant applications as submitted pending further information from staff. 3 . Do not approve funding for the grant applications as submitted. ACTION REQUESTED: 1. Move to authorize the appropriate HRA officials to execute a Rehab Grant Program Agreement by and between the Shakopee HRA and Chuck Mensing for a grant amount not to exceed $5, 970. 00. 2 . Move to authorize the appropriate HRA officials to execute a Rehab Grant Program Agreement by and between the Shakopee HRA and Betti Lu Prow for a grant amount not to exceed $1, 175 . 00 . 3 . Move to authorize the appropriate HRA officials to execute a Rehab Grant Program Agreement by and between the Shakopee HRA and Steve Olson for a grant amount not to exceed $1, 000. 00 . 4 . Move to authorize the appropriate HRA officials to execute a Rehab Grant Program Agreement by and between the Shakopee HRA and Bill Lepley for a grant amount not to exceed $3 , 750 . 00 . 5. Move to authorize the appropriate HRA officials to execute a Rehab Grant Program Agreement by and between the Shakopee HRA and Bill Wermerskirchen for a grant amount not to exceed $625. 00. BAS/tiv GRANT.APP LE MEMO TO: Dennis R. Kraft, Executive Director, Shakopee HRA FROM: Barry A. Stock, Assistant City Administrator RE: Lots 8-10, Block 7 OSP - Bids DATE: November 28, 1990 INTRODUCTION: The bid deadline for the sale of property described as Lots 8 , 9 , 10, Block 7 OSP was November 20, 1990. The City did receive one bid in the amount of $2 , 000. 00 for the property in question. (See attachment #1) BACKGROUND: On August 7, 1990 the Shakopee HRA directed the appropriate City officials to advertise the aforementioned property for sale and receive closed bids with a minimum specified bid of $30, 000. 00 . The bid deadline for the sale of the property as described was September 14 , 1990. The City received no bids at that time. On October 2 , 1990, the Shakopee HRA again directed the appropriate City officials to advertise the aforementioned property for sale with no specified minimum bid. The HRA also directed the appropriate City officials to place the ad in the legal section of our local newspaper for four (4) consecutive weeks and also to publish a display ad in one edition. The City did receive one qualified bid for the property in question. The bid from Mr. Mark Kuchenmeister was in the amount of $2 , 000. 00. It should be noted that the City of Shakopee did receive an appraisal for the aforementioned property. The appraised value of the property came in at $29, 200. 00. The property in question is difficult to develop in terms of its size and the fact that the site does not have City water and sewer at this time. Additionally, the proximity of the limestone bed to the ground surface does present difficulty in terms of site development. Due to the wide discrepancy in the bid received and the actual appraised value, staff cannot recommend acceptance of the bid as submitted. The bid advertisement did contain a provision in which the Shakopee Housing and Redevelopment Authority reserved the right to reject any or all bids. Staff would like to recommend that the HRA exercise this authority and reject the bid as submitted. Based upon our efforts to sell the property and the interest expressed, staff is recommending that the HRA hold onto the property and attempt to sell it at a later date. ALTERNATIVES : 1. Move to reject the bid submitted by Mark Kuchenmeister for the property identified as Lots 8-10, Block 7 OSP. I 2 . Accept the bid submitted by Mark Kuchenmeister and authorize the appropriate HRA officials to enter into a purchase agreement for said property. 3 . Authorize the appropriate HRA officials to develop a set of proposal specifications and receive request for proposals on the subject property. STAFF RECOMMENDATION: Staff recommends Alternative #1. Move to reject the bid submitted by Mark Kuchenmeister for the property identified as Lots 8-10, Block 7 OSP. BAS/tiv ,4 ' - #( P1 a rks� e PRINTING, INC. 321 WEST FIRST AVENUE•SHAKOPEE, MINNESOTA 55379 TELEPHONE:(61 2) 445-7200 FAX:(61 2)445-0060 / - ' �d �t�,Q/ O � D as/A, 6 ,44 � A--,oe-. 1/Glo,AeT f}-vT4/6 /7V /9-17-A I,' c/UO5/ CoX IeP . Go .J r-/O/ 6'°c'e- 7/ C/ 7s/ L_5-z./.,2 _ a. .--1---- i / / i , 0/ lei-/-": //-)4 'a-4-er Z'- /VI" al-77--/A--e-_ ,,,x,..e.,,,,wt-e---e----/ le, _ zz_e_ee,„,_ jea-v1-- te-t ,01f-tie 1--e-;/, a) c} fi-t-e--4-LT-1-- -71--e-- ---r vW at-- 9-/1- 9a , 7,0" 7Ze ) c idee/(e-- / A /7t OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA NOVEMBER 20, 1990 Mayor Laurent called the meeting to order at 7:00 p.m. with Cncl. Zak, Vierling, Clay, Wampach and Sweeney present. Also present were Dennis Kraft, City Administrator; Barry Stock, Asst. City Administrator; Dave Hutton, City Engineer; Lindberg Ekola, City Planner; Karen Marty, City Attorney and Judith S. Cox, City Clerk. Mayor Laurent requested that item llb (Pheasants Preservation Inc. Premises Permit) be deleted from the agenda. The following items were added to the agenda: 13a - Resolution not endorsing candidates to Metropolitan Committees. 13b - Vacancy on Shakopee Public Utilities Commission to appear on December 4 agenda. Sweeney/Wampach moved to approve the agenda as amended. Motion carried unanimously. 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. Item 8c (disposition of Nelson vs Shakopee) was added to the consent business. Sweeney/Clay moved to approve consent business as amended. Motion carried unanimously. Zak/Sweeney moved to place llb (Pheasants Preservation Inc. ) back on the agenda for discussion. Motion carried unanimously. Sweeney/Clay moved to approve the minutes of November 6, 1990. Motion approved under consent business) . Fred Corrigan was present to give a brief update on the Minnesota Transportation Alliance concerning transportation issues facing local government in Minnesota. The Study Board is concluding a two-year study to determine the needs of the State of Minnesota through the year 2010 and will be making recommendations before January 1991. Cncl. Wampach asked if MnDOT would be building any light rail corridors on the highways for future use. He said the corridors have not yet been finalized. Sweeney/Wampach moved to waive all liquidated damages associated with the Lewis Street Project No. 1990-5 and its contractor. , S. M. Hentges & Sons, Inc. Proceedings of the November 20, 1990 Shakopee City Council Page -2- Cncl . Sweeney said he has a concern with projects not being done on time as specified in the contract. He believes that the City should enforce the completion date on the contract and set penalties for the days that are over without an acceptable reason. Cncl . Clay said he has a concern on putting too many restrictions on contractors which may affect the number of bids coming forth for these projects . Motion fails with Cncl . Clay approving. Sweeney/Clay moved to receive and file the District Court First Judicial District ' s Findings of the Fact, Conclusions of Law and Order and Judgment regarding John Nelson Vs. City of Shakopee, dated November 7 , 1990 . (Motion approved under consent business) . Sweeney/Clay moved to receive and file the letter from Today ' s Concept requesting waiving fees for massage parlors. Motion carried unanimously. Lindberg Ekola reviewed the Shakopee 20-year Comprehensive Plan for 1990-2010. He showed slides outlining the organization of the Comprehensive Plan. He suggested that the City submit this to the Metro Council as soon as possible to get it moving. Cncl. Vierling said she would like to see the City go ahead and keep the process going and submit it to Metro Council . Melanie Kahleck, Chairman of the Planning Commission was present and said there has not been an amendment made to the Comprehensive Plan since 1981. Jon Albinson addressed the Council saying there were a number of concerns that he had regarding changes to the Comprehensive Plan which he feels should be included. Consensus was to have the Planning Commission get together with the Council as a Committee of the Whole and go over the issues presented by Jon Albinson. A time frame was set for reviewing through the month of December and hold a final meeting in middle of January for submittal by the end of January to Met Council. Wampach/Zak moved to approve the draft Shakopee Comprehensive Plan: 1990-2010 . Sweeney/Clay moved to table the motion to approve the Comprehensive Plan. Motion carried with Mayor Laurent opposed. Sweeney/Vierling moved to direct staff to set a Committee of the Whole meeting and invite the Planning Commission to be present for the purpose of discussion the Comp. Plan. Motion carried unanimously. Mayor Laurent called a 10 minute recess at 8 : 50 p.m. Mayor Laurent called the meeting back to order at 9 : 00 p.m. Proceedings of the November 20, 1990 Shakopee City Council Page -3- Sweeney/Vierling moved to offer Ordinance No. 299 , An Ordinance of the City of Shakopee, Minnesota, Amending City Code Chapter 12 , Subdivision Regulations (Platting) , by Repealing Section 12 . 08 , Small Subdivisions - Lot Splits, and Enacting One New Section in Lieu Thereof Relating to the Same Subject, and moved for its adoption. Motion carried unanimously. The City Planner reviewed the Final Plat of Valley Park 10th Addition. He said staff is recommending that no dedication for 10th Avenue be made at this time and that the area be identified as an outlot, the applicant is in agreement with the recommendation. He said staff is recommending that park dedication fees be required on the portions of land that have not yet been required to pay a park dedication fee. Clay/Vierling moved to amend Resolution No. 3317 , A Resolution Approving the Final Plat of Valley Park 10th Addition, with the following amendments: Paragraph 3A - to read "unless this requirement already exists in another recorded agreement and adding property description of "Lot 1, Block 1" in place of Toro property on the last line of the Resolution. Motion carried unanimously. Wampach/Clay moved to approve Resolution 3317 , as amended. Motion carried unanimously. Judy Cox reviewed the drafted gambling regulations that will require licensees who sell pull tabs to spend 90% of lawful purpose expenditures within the City' s trade area. She said a number of establishments have reviewed and commented on the draft. Mr. Al Schmidt, Gambling Manager from the American Legion, explained that they have a number of commitments both nationally and statewide and that 90% would place a great restriction on these commitments. Sweeney/Wampach moved to amend the drafted gambling ordinance to read 75% of the lawful purpose expenditures be spent within the City' s trade area instead of the originally proposed 90% . Motion carried unanimously. Sweeney/Clay offered Ordinance No. 297 , An Ordinance Repealing Section 10 . 61 of the Shakopee City Code, Gambling and Enacting One New Section in Lieu Thereof, Relating to the Same Subject, as amended, and moved its adoption. Motion carried unanimously. Cncl . Zak addressed the issue of Pheasants Preservation Inc. , he said he had a concern on the number of organizations that want to come in and if we have any rights to say who can and cannot come Proceedings of the November 20, 1990 Shakopee City Council Page -4- in. Judy Cox replied that she is not aware of any other organizations looking to obtain a pull tab license in Shakopee. Sweeney/Clay moved to table Resolution No. 3310 , approving a Premises Permit for Pheasant ' s Preservation, Inc. . Motion carried unanimously. Sweeney/Clay moved to offer Resolution No. 3318 , A Resolution of the City of Shakopee, Minnesota, Approving a Premises Permit for Shakopee Jaycees, Inc. , and moved for its adoption. (Motion approved under consent business) . Sweeney/Clay moved to approve the purchase of the Drum and repair kits from the Lab Safety Inc. in the amount of $1138 . 00 and the strap/air type bag plugs from the Metropolitan Fire Equipment in the amount of $4040 . 00 . (Motion approved under consent business) . Discussion ensued on the purchase of a new Fire Department Aerial Truck. Consensus was to get additional information from other Cities and some outside help to take an objective look into our needs relating to this issue. The Fire Chief said a ladder truck is needed to respond to any fire in order to keep the points low for insurance purposes. The Chief reviewed the point structure of the Fire Department. The issues of insurance rates, cost impact, equity and joint power agreement were concerns of the Council . Sweeney/Wampach moved table the Fire Department Aerial Truck and have staff look at all the issues brought up and come back at a later date with recommendations. Motion carried unanimously. Sweeney/Clay moved to authorize the purchase of a toro Groundsmaster 220, 62" lawnmower with attachments for a total price of $10, 012 . 00 out of the Capital Equipment Budget. (Motion approved under consent business) . Sweeney/Clay moved to approve the applications and grant an On-Sale Wine License and an On-Sale Non-Intoxicating Malt Liquor License to Minnesota Surgical Specialties, Inc. , 483 South Marschall Road. (Motion approved under consent business) . Sweeney/Clay moved to terminate the probationary status of Lindberg Ekola, City Planner, effective October 16, 1990 . (Motion approved under consent business) . Sweeney/Clay moved to approve Resolution No. 3312 , A Resolution Amending Resolution No. 3171, Adopting the 1990 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee, to Include the Secretary-Intermediate Classification. (Motion approved under consent business) . 9 Proceedings of the November 20, 1990 Shakopee City Council Page -5- Sweeney/Clay moved to hire Beverly Mitchell as Legal Secretary at the salary of $21, 559/yr. (Step Three, Secretary-Intermediate) effective December 3 , 1990 and upon successful completion of the six-month probationary period Ms. Mitchell will move to Step-Four, Secretary-Intermediate. (Motion approved under consent business) . Vierling/Clay moved to approve the bills in the amount of $577 , 712 . 40 . Motion carried unanimously. Vierling/Clay moved to offer Resolution No. 3311, A Resolution Ordering the Preparation of a Report on an Improvement to Tahpah Park by Installation of Underground Sprinkler Systems, and moved for its adoption. Motion carried unanimously. Sweeney/Clay moved to authorize the appropriate City officials to execute a Highway Maintenance Agreement with Scott County regarding the reimbursement to the City for providing snow and ice maintenance on various County Roads. (Motion approved under consent business) . Discussion ensued on the format for the upcoming budget hearing. Consensus was that the Mayor not have to answer all questions, and that he could direct them to other Councilmembers. Sweeney/Vierling moved that during the public hearings on the 1991 budget that the Mayor direct questions to other Councilmembers, unless he feels comfortable answering them himself. Motion carried unanimously. Sweeney/Clay moved to notify James Karkanen in writing that the Public Works Supervisor position and also his employment will be terminated effective December 31, 1990 at 12 : 00 midnight. Motion carried unanimously. Vierling/Sweeney moved to authorize the temporary filling of all Recreation Department positions from January 1, 1991 through April 30, 1991. Motion carried unanimously. Vierling/Sweeney moved to direct the City Administrator to evaluate all staff positions in the Recreation Department and to recommend a Recreation Department Organization by January 22 , 1991. Motion carried unanimously. Sweeney/Clay moved to authorize the proper City officials to enter into the MINCIS/NCIC Hot Files Agreement with Scott County. (Motion approved under consent business) . Sweeney/Clay moved to approve Resolution No. 3315, A Resolution Adopting a Cafeteria Plan for the City of Shakopee. (Motion approved under consent business) . Proceedings of the November 20, 1990 Shakopee City Council Page -6- Sweeney/Clay moved to approve Resolution No. 3316, A Resolution Approving Defeasance Program for General Obligation Tax Increment Bonds, Series 1986A, and moved for its adoption. (Motion approved under consent business) . Sweeney/Clay offered Resolution No. 3303 , A Resolution of the City of Shakopee, Minnesota, Changing the Regular Time of Meeting for the Month of January 1991 , and moved for its adoption. (Motion approved under consent business) . Sweeney/Clay offered Resolution No. 3319 , A Resolution Amending Resolution No. 3159 Adopting the 1991 Budget, and moved for its adoption. (Motion approved under consent business) . Sweeney/Clay offered Resolution No. 3307 , A Resolution Authorizing the Delivery of Deeds to Extinguish Easements in Heritage Place, and moved for its adoption. (Motion approved under consent business) . Sweeney/Clay offered Resolution No. 3313 , A Resolution Accepting work on 11th Avenue Street and Storm Construction, Project No. 1998-5, and moved for its adoption. (Motion approved under consent business) . Sweeney/Clay offered Resolution No. 3314 , A Resolution Accepting Work on the 1990 Pavement Preservation Program - Sealcoat, Project No. 1990-10A, and moved for its adoption. (Motion approved under consent business) . Sweeney/Clay moved to direct staff to draft a resolution rescinding Resolution No. 2370 regarding endorsing candidates to Metropolitan Committees. Motion carried unanimously. Cncl . Sweeney said he feels we have a need to support candidates for Metropolitan Committee memberships as other cities do also. Sweeney/Vierling moved to direct staff to prepare a letter endorsing the appointment of Marcy Waritz for another term on the Metropolitan Council . Motion carried unanimously. Cncl . Sweeney said he would like the SPUC vacancy to be put on the next agenda in December. Mayor Laurent called a recess for Executive Session at 10 : 55 p.m. to discuss labor negotiations and pending litigation. The meeting was re-convened at 11: 08 p.m. The Mayor announced that no action was taken on the discussion in executive session on labor negotiations and pending litigation. Proceedings of the November 20, 1990 Shakopee City Council Page -7- The Mayor adjourned the meeting to Tuesday, November 27, 1990 at 7 : 00 p.m. at the Jackson Town Hall. Meeting adjourned at 11: 10 p.m. g06:10/4 (- ) Juith S . Cox (;) y Clerk Carol Schultz Recording Secretary lob CAA1116-)S.M.Hentges s P. 0. BOX 212 SHAKOPEE, MN. 55379 N (612) 445-7004 T November 29 , 1990 Mayor & Council Members C/O Dennis Kraft, City Administrator City Hall 129 East First Avenue Shakopee, MN 55379 Honorable Mayor and Council Members, Enclosed herein is a letter from our attorney, Mr. Richard Kavaney, explaining the confusion on our part regarding the liquidated damages for the Lewis Street Project. Because of these circumstances, we request that this matter be placed on the City Council Agenda for the meeting to be held on December 4, 1990, for further discussion . Thank you in advance for your corporation and consideration . Respectfully Submitted, Steve . Hentges President f RECEIVE UN tel. `Cm OF SHAKOPEE I GENERAL CONTRACTOR SEWER & WATER, EXCAVATING, SITE DEVELOPING, TRUCKING & HEAVY EQUIPMENT MOVING ,6 November 29 , 1990 Mayor City Offices 129 - 1st Avenue East Shakopee, MN 55379 Re: Lewis Street Project Project No. 1990-5 Dear Sir: I attended the meeting Tuesday, November 20, to speak to the issue of the assessment of liquidated damages on the Lewis Street Project. When the topic came up, the motion was immediately made to waive the liquidated damages. It appeared to me that the motion was likely to pass. Obviously, in light of the council's discussion amongst themselves, pending passing of the motion that I sought to have passed, I did not speak to it. However, in light of the failure of the motion, I did not have an opportunity to speak to the issue of liquidated damages. We would like to have the issue heard. There are a number of things that should be pointed out regarding that matter. 1 . While we do not take issue with the City's right to assess liquidated damages we do think it would be more appropriate to assess against liquidated damages on a project that is in fact late and late because of some fault of the contractor. That was not the case on the Lewis Street Project. The target date for this project was to have the street work done in front of Central Grade School by September 1st. That date was achieved. Only final items were open was the final course of paving and two pieces of curb. In fact, the curb was complete and in place but the city engineer prohibited paving for a period of seven days. It was not uncommon to pave it over the second day. This accounted for almost half of the liquidated damages period. 2 . There were some sixteen rain days during the time of this project. At the council hearing, I heard several comments about the Minnesota Department of Transportation and how they handle their projects. Firstly, MnDOT uses the contract day procedure and does not count against the schedule rain days. If this had been a MNDOT project, there would have been no liquidated damages assessed. foci Secondly, it would seem unreasonable to try to assess this against a local contractor. S. M. Hentges actually sought this job to have a hometown job and left some $50, 000 on the table. Had he not sought to do the work for his home city, the City's expenses on this project could easily have been $50, 000 more. 3 . Additionally, there was much conversation about the paper trail of the engineer. I submit, that in your specifications, Article 11, it requires that for any reasonable grounds the project completion be extended. Inherent in that is a decision by the engineer using his professional judgment as to the grounds for each extension claimed. As you review the correspondence, you will note there has been no such decision made by the engineer. I submit that had he taken the impartial professional position his is obligated by his profession to assume, and evaluated the merits of the delay claim, he would have had to grant extensions exceeding 20 days. 4 . Finally, further grounds for extension was the gas company requirement that, after the project was let (and, incidentally, this was not a condition of the project) that they redo some work in the street. This cost almost two weeks of time. There are more than adequate grounds for an extension of time. Accordingly, we ask that a change order be issued granting an extension of time of 20 or more days. Thus the project was completed within the allowed time. Or, in the alternative, that the liquidated damages be waived. Lastly, we would ask that if the above is not possible without a formal hearing of the matter, that the matter be set on for hearing, and put back on the agenda so the matter could be formally addressed. Respectfully yours, 4' o b, d _,gyp, CITY OF SHAKOPEE1111 ih ,= INCORPORATED 1870 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379-1376 (612)445-3650 eat*, November 26, 1990 Mayor Laurent and City Council 129 East First Avenue Shakopee, Minnesota 55379 Dear Mayor Laurent and City Council: It is the understanding of the Cable Commission that the City of Shakopee is in the process of negotiating acquisition of the Marquette Bank building in Shakopee for a new City Hall. With this issue in mind, at our last meeting, the Cable Commission discussed the importance of equipping the new City Council Chambers in the new facility with an adequate Cable television and sound system. Both the City Council meetings and the Planning Commission meetings are widely viewed on the Shakopee Public Access Channel. We believe that there are great possibilities for improved reception with fairly minimal upgrades in equipment. The Cable Commission presently consists of several persons who have significant experience in the Cable television equipment and sound industry. We would like to respectfully request that City Council utilize our services as a Cable Commission in equipping the new Council Chambers with the appropriate equipment to insure quality live broadcasts. The members of the Cable Commission are confident that we can provide several alternatives to City Council that are effective, in terms of both quality and cost. We look forward to the opportunity of working with City Council on this matter. Sincerely, fid,,,4,4„- __ Bill Anderson Shakopee Cable Commission - Chair The Heart Of Progress Valley AN EQUAL OPPORTUNITY EMPLOYER MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Shakopee Public Utilities Commission (SPUC) Extension of Service Territory DATE: November 30, 1990 INTRODUCTION: Last year SPUC again initiated a process to extend it ' s service territory. Resolution has apparently been reached between SPUC and the Minnesota Valley Electric Cooperative (MVEC) and other interested parties. BACKGROUND: Minnesota Statutes allow municipal public utility commissions to acquire service territory within the corporate boundaries of cities that they serve. The only question needing to be answered is the amount of compensation to be paid for the service territory acquisition. After protracted discussion, negotiation and litigation it appears as though an agreement has been reached. (Last year the City Council met with SPUC and endorsed SPUC' s concept of acquiring additional service territory. ) The attached stipulation between the City of Shakopee (SPUC) , MVEC, the Minnesota Department of Public Service, the Attorney General ' s office, and Cooperative Power outlines what will occur as a result of this service territory extension. The salient points of the stipulation are as follows: 1. The service territory addition will add approximately 500 residential dwelling units to the SPUC territory within the City of Shakopee along with service to some other properties (a map will be provided at next Tuesday' s Council meeting to provide greater detail on this) . 2 . SPUC shall pay MVEC $787, 000 for electric distribution facilities and reintegration costs on the effective date of this agreement. 3 . For the next ten years SPUC shall make quarterly payments to MVEC in a total amount of approximately $1 . 6 million as additional compensation. 4 . MVEC shall have an option for a six month time frame to acquire a certain existing SPUC service territory outside the Shakopee city limits for an amount of $211, 000. 5. SPUC shall purchase wholesale power from Cooperative Power (MVEC' s electric wholesaler) for a 12 year period. / 3O 6. The City of Shakopee shall forego contributions from SPUC in the amount of $153 , 000 (or $174, 000 if MVEC does not exercise the option to acquire the additional service territory from SPUC described in paragraph #4 above) as partial subsidy to pay for this acquisition. The stipulation between the entities and other information was received as the December 4 City Council agenda was being assembled and therefore does not represent a thorough analysis of the agreement. SPUC Commissions and the Utilities Manager will be present at the December 4th City Council meeting to provide additional information on this subject. The City Council will be requested to pass a resolution endorsing this service territory takeover. (See attached resolution. ) RECOMMENDATION: It is recommended that the City Council review the provisions of this stipulation, evaluate the overall funding concept (particularly the contribution the City would forego over the next four years) and then pass the resolution on the service territory takeover. ACTION REQUESTED: Offer Resolution No. 3322 , a Resolution of the City Council of the City of Shakopee Implementing its Approval of the Acquisition of That Portion of the Electric Service Area of Minnesota Valley Electric Cooperative Located Within the City of Shakopee, and move its adoption. 3OL, RESOLUTION NO. 3322 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAKOPEE IMPLEMENTING ITS APPROVAL OF THE ACQUISITION OF THAT PORTION OF THE ELECTRIC SERVICE AREA OF MINNESOTA VALLEY ELECTRIC COOPERATIVE LOCATED WITHIN THE CITY OF SHAKOPEE WHEREAS, in its Resolution No. 3099 adopted on August 1, 1989, the City Council did authorize the Shakopee Public Utilities Commission to effectuate and finalize the acquisition of the electric service area currently operated by the Minnesota Valley Electric Cooperative as located within the municipal boundaries of the City of Shakopee; and WHEREAS, the Shakopee Public Utilities Commission has reported to the City Council that it has accomplished its charge and is now prepared to execute and deliver appropriate agreements to implement the acquisition; and WHEREAS, the aforesaid agreements contemplate, in part, granting to Minnesota Valley Electric Cooperative an option to acquire a portion of the electric service area of the City of Shakopee and its facilities therein, all located outside of the corporate limits of the City of Shakopee and Minnesota Statutes Section 412 . 321, subd. 4 requires the approval of the City Council of the City of Shakopee for such action, NOW, THEREFORE, be it resolved by the City Council of the City of Shakopee as follows : 1 . That the acquisition of the service area currently operated by the Minnesota Valley Electric Cooperative and located within the municipal boundaries of the City of Shakopee, as negotiated and accomplished by the Shakopee Public Utilities ! 34 Commission, is hereby in all respects ratified and approved. 2 . That the Shakopee Public Utilities Commission is hereby authorized to execute such agreements as they deem necessary and appropriate to effectuate such transfer including, but not by way of limitation, granting to Minnesota Valley Electric Cooperative an option to acquire a portion of the service territory of the City of Shakopee and facilities therein located outside the corporate boundaries of the City of Shakopee and to convey, sell and transfer such area and facilities in the event that Minnesota Valley Electric Cooperative exercises said option. ADOPTED at the regular session of the City Council of the City of Shakopee on the day of , 1990 . CITY OF S! AKOPEE By: Its Mayor Attested to by: City Clerk Approved as to form: City Attorney 2 ! , rl., )r.,:, FRAiNZEN Ci-i.NI 1Y n �: ;•;'i+_ \ ~.1 vLAMB, Hr-i.3 RED AF i STATE OF MINNESOTA � �� OFFICE OF ADMINISTRATIVE HEARbNGSrt- //+ 9- 0 FOR THE MINNESOTA PUBLIC UTILITIES tOMMISSIODT In the Matter of the Application STIPULATION of the City of Shakopee to Extend OF THE CITY OF SHAKOPEE its Assigned Service Area into the MINNESOTA VALLEY ELECTRIC Area Presently Served by the COOPERATIVE, INTERVENORS AND Minnesota Valley Electric Cooperative MINNESOTA DEPARTMENT OF PUBLIC SERVICE PUC Docket No. E-309 , 124/SA-89-778 OAH Docket No. 60-2500-4275-2 THIS STIPULATION is eltered into by and among all of the parties to this proceeding, as identified herein, on this 15th day of September, 1990 . WHEREAS, pursuant to the Order of the Commission dated December 6, 1989, the above-entitled matter was referred to the Office of Administrative Hearings before the Honorable John W. Harrigan, Administrative Law Judge; WHEREAS, by Order of the Administrative Law Judge dated May 22, 1990, leave to intervene in these proceedings was granted to sixteen electric cooperatives as identified in their Petition for Leave to Intervene dated April 2, 1990 ( "Intervenors" ) ; • WHEREAS, the issues to be decided in this proceeding pursuant to the Commission' s Order are the amount of compensation to be paid by the City of Shakopee ( "City" ) to Minnesota Valley Electric Cooperative ( "Cooperative" ) for City's acquisition of the Subject Service Territory (as hereinafter defined) and the amount of compensation, if any, due to Intervenors as a result thereof; f3dLe WHEREAS, following commencement of hearings before the Administrative Law Judge, the City, the Cooperative and the Intervenors have negotiated and agreed upon a settlement of their disputes to avoid further costs of administrative and judicial proceedings and to avoid the inherent risks of such proceedings and litigation. NOW, THEREFORE, the City, the Cooperative and the Intervenors, by and through their undersigned attorneys, stipulate and agree as follows : ARTICLE I . Transfer of Subject Service Territory Customers and Facilities For purposes of this Stipulation, "Subject Service Territory" shall mean the entire area located within the existing corporate boundaries of City (a) in which Cooperative is presently providing retail electric service to existing customers and (b) in which Cooperative has the right or claim to provide retail electric service to future customers as depicted in the electric service area map of the Commission, bearing date of March 5, 1980 . From and after the effective date of this Stipulation (the "Effective Date" , as defined in Article XII hereof) , the City shall provide electric service to all customers, present and future, who require electric service in the Subject Service Territory. On the Effective Date, the Cooperative shall deliver to City a bill of sale conveying to City title to all of the electric distribution facilities of the Cooperative located in the Subject Service 2 ► 3 °V Territory, free and clear of all encumbrances, in form and substance reasonably satisfactory to counsel for City. ARTICLE II . Compensation to Cooperative As and for compensation, the City shall pay to the Cooperative the following: 2 . 1 On the Effective Date, 121 the sum of Seven Hundred Eighty Six Thousand Six Hundred Fifty One ( $786 , 651) Dollars, plus b a sum e•ual to the orisinal cost de.reciated of oo.e electric distribution facilities inst&U.ed__by roup-rarivP in the_ Subject Service Territory in the period from January 1, 1990 to December 31, 1990 for the purpose of serving customers who located in the Subject Service Territory during said period (which cost shall be reasonably documented by Cooperative) ; 2 .2 On March 31, June 30, September 30 and December 31 of the ten ( 10) calendar years stated below, one fourth of the annual amount stated below: Year Annual Amount 1991 $145,564 1992 $149,361 1993 $153,312 1994 $157 ,423 1995 $161,700 1996 $166, 150 1997 $170,781 1998 $175,600 1999 $180, 613 2000 $185, 830; and 2 . 3 Within ten ( 10) business days of March 31, June 30, September 30 and December 31 of each of the ten ( 10 ) calendar years commencing on January 1, 1991 and concluding on December 31, 2000, 3 / 34_- the sum of 7 . 5 mills multiplied by the number of kilowatt hours sold by City during the preceding three (3) months to each customer which after January 1, 1991 shall locate in the Subject Service Territory and constitute both (a) a new point of service and (b) a new electric distribution customer of City ( "City' s New Customer KwH" ) . Accompanying each payment shall be a list of these customers and the electric consumption for each in the preceding three ( 3) months . 2 . 4 Payment in full of the sum due under Section 2 . 1 on the Effective Date shall be a condition precedent of this Stipulation. If payments due under Sections 2 .2 and 2 . 3 are not made within thirty (30) days of the date due, interest thereon shall accrue and be payable by the City to Cooperative at the rate of eight ( 8%) percent per annum from the date due. Cooperative, at its expense, may examine City' s books and records, upon reasonable notice and during normal business hours, once in each calendar year, to the extent necessary and for the sole purpose of confirming data provided by City with respect to City's New Customer KwH. 2.5 Cooperative represents and warrants to City that its distribution facilities in the Subject Service Territory lie within and are maintained pursuant to legally enforceable easements, permits and licenses . Conveyance and assignment thereof to City shall be made on the Effective Date. Cooperative will indemnify and hold harmless the City from any and all claims and costs thereof ( including reasonable attorney' s fees and costs) that may 4 j30 be made against City arising from any failure of the representa- tions or covenants in this Section 2 .5 . ARTICLE III . Cooperative Option 3 . 1 For a period of six ( 6 ) months from the date of the execution of this Stipulation, Cooperative shall have the option to acquire certain service territory of City and facilities located therein, located outside of the existing corporate boundaries of City, as delineated on the map attached hereto as Exhibit A, incorporated herein by reference (the "Option Area" ) . 3 .2 Exercise of the option shall be made, if at all, by written notice to the undersigned counsel for City, personally served or mailed (certified, return receipt requested) so that it is received not later than the last day of the six ( 6) month option period. Time is of the essence with respect to performance of this Section 3 .2 . 3 .3 . Three (3) calendar months after effecting its notice of exercise of the option (but in any event not prior to January 1, 1991) , Cooperative shall pay to City a sum equal to (a) the original cost depreciated of all of City' s electric distribution facilities located within the Option Area on the Effective Date and (b) the City' s costs of integrating its remaining electric distribution system. In the event City' s books and records do not specifically identify the original cost depreciated of the specific City distribution facilities located within the Option Area, ( i) the date of installation shall be deemed to be the date identified 5 / 3 � on the facility (or if there is none, the date identified by City' s certified statement of in service dates based on an actual field survey) , ( ii) original cost shall be determined by using current unit costs adjusted to in service date by using the Handy-Whitman Index and ( iii) depreciation shall be calculated at the rate reflected for electric distribution facilities of City in the 1989 audited financial statements of City. City' s costs of integration are $19 , 400, the cost of constructing one-half mile of underground line from the Cooperative facilities along Muhlenhardt Road being purchased by the City pursuant to this Stipulation to a point south of County Road 42 as required to serve City customers south of County Road 42 in the Sand Point area. 3 .4 From and after the first day of the first calendar month following the date of delivery of the payment in full of its obligations under Section 3 .3 ( "Transfer Date" ) , Cooperative shall provide electric service to all customers, present and future, who require electric service in the Option Area. On the Transfer Date, City shall deliver to Cooperative a bill of sale conveying to Cooperative all of the electric distribution facilities of City located within the Option Area, in the same form and substance as that bill of sale provided for in Article I hereof. 3 .5 As additional compensation for the exercise of its option, Cooperative shall pay to City the following: 3 .5 . 1 . On the last day of the third, sixth, ninth and twelfth calendar month of the ten ( 10) year period commencing 6 / 3C4°. on the Transfer Date, one fourth ( 1/4) of the annual amount stated below: YEAR AMOUNT 1st $15,080 2nd $15,474 3rd $15,883 4th $16 ,309 5th $16,752 6th $17,213 7th $17 , 693 8th $18, 192 9th $18, 712 10th $19,252 ; and 3 . 5 . 2 . Within ten ( 10) business days of the last day of the calendar months described in Section 3 .5 . 1 for each year of the ten ( 10) year period commencing on the Transfer Date and concluding on the last day of the tenth ( 10th) full year, the sum of 7 .5 mills multiplied by the kilowatt hours sold by Cooperative during the preceding three (3) months to each customer which after the Transfer Date shall locate in the Option Area and constitute both (a) a new point of service and (b) a new electric distribution customer of Cooperative ( "Cooperative' s New Customer KwH") . Accompanying each payment shall be a list of these customers and the electric consump- tion of each in the preceding three (3) months . 3 . 6 . Timely payment in full of the amount due City under Section 3 . 3 shall be a condition precedent for the Cooperative' s exercise of its option. If payments due under Section 3 .5 are not made within thirty ( 30) days of the date due, interest thereon shall accrue and be payable by the Cooperative to City at the rate of eight (8%) percent per annum from the date due. City, at its 7 expense, may examine Cooperative ' s books and records , upon reasonable notice and during normal business , once in each calendar year, to the extent necessary and for the purpose of confirming data provided by City with respect to Cooperative ' s New Customer KwH and total consumption in the Option Area. 3 . 7 . If City and Cooperative mutually agree, the payments due under Article II and Article III may be offset, so that the net amount only would be due and payable. 3 . 8 City represents and warrants to Cooperative that its distribution facilities in the Option Area lie within and are maintained pursuant to legally enforceable easements , permits and licenses . Conveyance and assignment thereof to Cooperative shall be made on the Transfer Date . City will indemnify and hold harmless the Cooperative from any and all claims and costs thereof ( including reasonable attorneys ' fees and costs) that may be made against Cooperative arising from any failure of the representations or covenants in this Section 3 . 8 . 3 . 9 For purposes of implementing the Wholesale Agreement (as defined in Article VII ) , Cooperative shall deliver to City and CP, during the term of the Wholesale Agreement, (a) on the tenth day of each month, a list of all Cooperative customers in the Option Area and their electric consumption for the prior month and (b) on January 15 of each year, data identifying the Cooperative ' s average system losses for the prior calendar year. 8 /3 44:- ARTICLE IV. Future City Acquisitions The parties acknowledge that on the transfer of the Subject Service Territory, Cooperative shall have no further right to provide retail electric service within the City' s corporate boundaries as in effect on the date thereof. In the event that City annexes additional area thereafter, City agrees that it will forbear from initiating any administrative or judicial proceeding for the acquisition of Cooperative' s electric service territory within such additional, annexed areas of City for the following areas and periods : 4 . 1 If the annexed area is all or any part of the Option Area and if Cooperative exercises its option, the forbearance as to the Option Area shall be for a term of fifteen ( 15 ) years from the date of this Stipulation; and 4 .2 If the annexed area is all or any part of Jackson Township or Louisville Township, the forbearance as to these Township areas shall be for a term of five (5) years from the date of this Stipulation. ARTICLE V. Clarification of Service Area Maps To avoid potential, future disputes with respect to service territories of Cooperative and City, a revised map of their adjacent boundaries outside of City' s corporate boundaries has been prepared by the parties and is incorporated herein as Exhibit B. Cooperative and City agree that this map, upon approval of this 9 / 3 Stipulation by the Commission, shall govern their respective service territories outside of City as depicted therein. ARTICLE VI . Rescission of Prior Stipulation The Cityond the Cooperative4agree that the Stipulation of the parties approved by Order of the Commission on March 27, 1990 is superseded by this Stipulation and shall no longer govern the rights of the parties with respect to the Subject Service Territo- ry, subject to the approval of the Commission as provided in Article XI hereof. ARTICLE VII . Extinguishment of Intervenors ' Claims In consideration of Intervenors ' release of claims as provided herein, City and Cooperative Power Association ( "CPA" ) , for itself and on behalf of its members, shall simultaneously with the execution of this Stipulation execute that certain Wholesale Power Purchase Agreement, of even date, obligating City to purchase and CP to sell and deliver wholesale power and energy requirements for the Subject Service Territory (the "Wholesale Agreement" ) . A ARTICLE VIII . Cooperation and Exchange of Data Existing engineering drawings, customer billing data, data on facilities transferred and like information and documents shall be provided by Cooperative to City with respect to the Subject Service Territory and by City to Cooperative with respect to the Option 10 /34:t..'.' Area if Cooperative exercises its option as provided herein. To the extent available, the foregoing data shall be provided in printed form and as computer files or data in Lotus , Symphony, ASCII or other mutually acceptable format on computer disk medium with appropriate documentation. Promptly following the execution of the Stipulation, Cooperative and City shall commence construc- tion plans , applications , negotiations and proceedings for required permits and easements and construction required to permit the timely performance of this Agreement; but, if City or Cooperative, after exercise of reasonable diligence, have not been able to complete required construction, then the other party shall permit the utilization of existing distribution facilities and facilitate the delivery of wholesale power and energy, without charge, so that City' s service to the Subject Service Territory and Cooperative' s service to the Option Area may commence on the dates provided herein. Cooperative and City shall consider, adapt and utilize such methods as may be reasonable and appropriate to meter and calculate the demand and energy of the Subject Service Territory and the Option Area in order to effect the purposes of this Stipulation, City' s agreement with CP and each party' s contract with their primary wholesale supplier. Cooperative and City shall also provide additional reasonable cooperation to each other to permit an orderly transition and transfer of facilities and customers as contemplated by this Stipulation. 11 r34"' ARTICLE IX. Mutual Release Except for the obligations of the City, Cooperative and Intervenors to perform the terms of this Stipulation and the Wholesale Agreement, the Cooperative, Intervenors and City do hereby mutually waive and release any and all claims they may presently have or may have in the future, fixed or contingent, known or unknown, against each other related to or arising from the subject matter of this proceeding, including matters in any way related to City' s acquisition of the Subject Service Territory or Cooperative ' s purchase of the Option Area. ARTICLE X. Limited Scope of Stipulation The City, the Cooperative and the Intervenors do hereby acknowledge that this Stipulation and its terms have been the result of negotiation, taking into consideration the costs of litigation and the risks of litigation and do not reflect the position of the City, the Cooperative or the Intervenors as to the appropriate application of the law determining rights and obliga- tions of the parties or compensation in such matters . Therefore, City, the Cooperative and the Intervenors agree that the terms of this settlement are not and shall not be offered or construed as precedent in support or opposition for any other claims of right, including compensation in service territory matters and shall not be offered by any of the parties as evidence in any other proceed- ing related to service territory matters . 12 ARTICLE XI . Petition for Approval In view of this Stipulation, the City, Intervenors and the Cooperative do hereby request the Administrative Law Judge to recommend to the Commission the adoption and approval of the settlement of the claims of the parties and the issuance of an Order by the Commission based on the terms of this Stipulation. Further, the City, the Cooperative and the Intervenors request that the Commission approve this Stipulation and issue its Order incorporating the terms herein. If for any reason the Commission shall not accept this Stipulation, or any part thereof, the parties agree that each and every term of this Stipulation shall be void unless the parties shall all agree to the contrary and, upon the written request of any party, the subject matter of this proceeding shall be referred again to the presiding Administrative Law Judge for an expedited evidentiary hearing, determination and recommenda- tion to the Commission. ARTICLE XII . Effective Date This Stipulation shall be effective January 1, 1991, with respect to the transfer of Cooperative facilities , the Subject Service Territory and the initial payments due from City (the "Effective Date" ) . In all other respects , this Stipulation is effective on the date hereof . 13 / 3 41" The City, the Cooperative and the Intervenors, through their undersigned counsel, do hereby adopt the foregoing Stipulation. Dated: October 15, 1990. Attorneys for the City of Shakopee McGRANN SHEA FRANZEN CARNIVAL STRAUGHN & LAMB, CHARTERED By Andrew J. Shea, #99909 1700 Lincoln Centre 333 South Seventh Street Minneapolis, MN 55402 Phone: ( 612) 338-2525 Attorneys for Minnesota Valley Electric Cooperative MAUN & SIMON By Harold LeVander, Jr. #62509 2300 World Trade Center 30 East Seventh Street St. Paul, MN 55101-4904 Phone: (612) 229-2900 Attorneys for Intervenors MESSERLI & KRAMER By Glenn E. Purdue, #88663 1500 Northland Plaza Building 3800 W. 80th St. Minneapolis, MN 55431-4409 Phone: (612) 893-6650 14 4L•- Acknowledgement Acknowledgement by the Department of Public Service The Minnesota Department of Public Service (the "Department" ) is a party to these proceedings but is not a party to this Stipulation. However, the Department, by its undersigned counsel , agrees to be bound by the terms and conditions of Articles X and XI of this Stipulation as if the Department were named therein. Attorneys for the Minnesota Department of Public Service By Mary Jo Murray, #172224 By Eric Swanson, Attorney Generals Office 1100 Bremer Tower Seventh Place and Minnesota St. St. Paul, MN 55101 Phone: ( 612 ) 296-8115 15 J3a- Memo To : Honorable Mayor and Council Members From: Shakopee Public Utilities Commission Subject : Service Territory Acquisition Date : December 4 , 1990 After many years of trying to acquire the electrical utility service to all the residents within the City of Shakopee , we are happy to report that this dream has finally been achieved. Effective the end of November 1990 , Shakopee Public Utilities , along with Minnesota Valley Electric , Cooperative Power, and NSP, have all reached an agreement . As previously mentioned, this effort has been going on for many years , and without the effort of past City Councils , past Utility Commissions , and without the support of the present City Council , this acquisition would not have been a reality. At our joint meeting held on July 18, 1989 , and the subsequent Resolution No . 3099 , the following goals where several that where listed concerning this Service Territory Acquisition; To provide electric utility service to all of the residents of Shakopee Lower the electric rates of those residents presently served by Minnesota Valley Electric Cooperative, and ultimately provide uniform electric throughout the City of Shakopee Attract new residents to the City to those areas presently served by Minnesota Valley, by reason of lower rates Following are the acquisition cost for the service territory; original proposal actual Minnesota Valley Electric $4 , 578 , 000 $1 ,879 ,000* Cooperative Power 6 , 200 , 000 Shakopee Public Utilities 952 ,000 Legal/administrative costs 204,000 Less option area <209 ,000> Net Acquisition Costs $1 ,874 ,000 * Actual cost $2 , 600 , 000 less purchased energy savings over twelve years equals $1 ,874 , 000 13cv The proposed funding for the service territory acquisition will be as follows; 1 . SPUC originally pledged $1 ,150 , 000 form our reserves 2 . Because the acquisition did not happen until recently, SPDC has earned additional interest amounting to $100 , 000 3 . The total amount of SPUC pledged funds total $1 , 250 , 000 SPUC pledged amount $1 , 250 ,000 Differential rates ( for 4 years ) 471 , 000 Full dedication of margins ( for 4 years ) . . 153 , 000 Total $1 ,874 , 000 Following are several assumptions concerning this service territory acquisition; a ) The annual amount contributed from SPUC to the City General Fund will reflect the increased sales of the new area starting in 1995 . The amount contributed from SPUC to the General fund under the standard formula will not be reduced because of the acquisition even if MVEC takes the option area. It is anticipated that the additional contribution to the City of Shakopee from the Shakopee Public Utilities, starting in 1995 , will be approximately $46 , 000 . b) Standard SPUC rates are expected to pay SPUC standard costs for system operations , system improvement/reserves , and contribution to the City of Shakopee. All special arrangements/expenses/revenues connected with the service area acquisition are treated as being exceptional . Rates to present SPUC customers are not planned to be raised to finance the acquisition. There will be rate increases for other reasons , of course . As an example, our costs to purchase power from NSP was raised in October 1990 . Although we are negotiating with NSP to reduce the amount of that increase, some increases are unavoidable. SPUC rates compare favorably with others in the region, and we expect them to stay that way. Rates in the new area will be set at a level which will reduce costs to typical customers approximately $12 . 00 per month, and at the same time help pay part of the acquisition cost . The payments made to MVEC (either up front or over the next ten years ) are exceptional expenses for example, as is the arrangement to purchase wholesale power from Cooperative Power for the new area ( for 12 years ) instead of from our standard supplier , NSP . r3 a' Under standard conditions , NSP would have supplied us with power to be sold in the new area. The amount we would have paid for purchased power from NSP is treated in the financing plan as our standard cost of purchased power. Differences in purchased power cost from Cooperative Power (whether higher or lower) , are treated as exceptional costs/revenues related to the acquisition. The exceptional costs resulting from the purchase of power from CP instead of NSP, and other special arrangements made for service area acquisition, will need special recognition in the standard formula for determining SPUC contribution to the City. c ) SPUC had pledged to contribute an amount from its reserve funds without intending to replenish that amount . That amount will be drawn down, then further funds needed will be from SPUC general reserves with the intent to replenish from future revenues from the new area . d) We do not plan to sell bonds to finance the acquisition . The cash flow to pay annual cost is planned to come from earnings in the new area and SPUC reserves . The funds used to meet cash flow needs over and above the pledged amount, are to be recovered with interest , to return the SPUC reserve funds to the level at which they would have been, had funds not been used to meet cash flow needs . tk13 )0D MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Shakopee Public Utilities Commission (SPUC) Appointment DATE: November 29 , 1990 INTRODUCTION: There is a current vacancy on the Shakopee Public Utilities Commission which is being filled at this time by the previous incumbent in the position Mr. James Kephart. At the November 21st meeting, the City Council directed that this item be placed on the agenda for discussion. BACKGROUND: A question was raised early this year relative to whether a conflict of interest would exist if the City Council would appoint Mr. James Kephart to the Shakopee Public Utilities Commission. Mr. Kephart works as a estimator and project manager for the S.M. Hentges construction firm. This firm frequently bids on City projects and is frequently the successful bidder. Examples of projects successfully bid by the Hentges Co. this year include the Lewis Street project and the Valley Park Drive North project. Earlier the City Council raised the question as to whether there is a legal conflict of interest with the appointment of Mr. Kephart to SPUC. This question was referred to the Minnesota Attorney General ' s office in April. As of this time no decision has been rendered by the Attorney General ' s office. A bill has been received indicating that some initial research has been conducted however the bill was not accompanied by a legal opinion. The Shakopee City Attorney subsequently contacted the Assistant Attorney General working on this opinion and was informed that the legal opinion would not be completed by the end of this week. Therefore, at this time it is not possible to say whether a legal conflict of interest exists if Mr. Kephart is appointed to SPUC. The second questions the City Council needs to answer is whether there is an appearance of impropriety if Mr. Kephart is appointed to SPUC. This is a political question that City Council must answer not a legal one. The City Council has the authority to appoint any qualified elector in the City to membership on the Shakopee Public Utilities Commission. The City Council may also appoint one, but no more than one, of it' s own members to the Shakopee Public Utilities Commission. ALTERNATIVES: 1 . Appoint a Shakopee resident to the Shakopee Public Utilities Commission. / 3 - 2 . More specifically, appoint a member of the Shakopee City Council to the Shakopee Public Utilities Commission. 3 . Appoint, more specifically Mr. James Kephart to the Shakopee Public Utilities Commission. RECOMMENDATION: It is recommended that the City Council discuss this matter and make an appointment to the Shakopee Public Utilities Commission. ACTION REQUESTED: Move to appoint to a three year term to the Shakopee Public Utilities Commission ending on March 31, 1993 . 13 C, MEMO TO: Dennis R. Kraft, City Administrator Of---- FROM: Judith S. Cox, City Clerk RE: Pheasants Preservation Inc. DATE: November 29 , 1990 INTRODUCTION AND BACKGROUND: At their regular meeting on November 20th, City Council tabled Resolution No. 3310, Approving A Premises Permit for Pheasant' s Preservation, Inc. The City has received an application for a premises permit from Pheasant' s Preservation, Inc. to sell pull-tabs at the Rock Spring Supper Club. Pheasant' s Preservation, Inc. is not a local organization and action could not be taken by Council until the adoption and publication of the new city regulations regarding gambling. The new regulations were adopted by Council on November 20th and published in the Shakopee Valley News on November 28th. Consideration of this application would now be in order. Because the new regulations require more information to accompany the application, the applicant was asked to provide this information when advised of the new regulations. I have not received this information at this time. When I spoke with Mr. Fallenstein on November 20th about the proposed regulations and advised him that Council could not consider his application on November 20th, he indicated to me that he would like to attend the Council meeting on December 4th. He may bring this information with him at this time. If he does, it would be appropriate for Council to adopt Resolution No. 3310. RECOMMENDED ACTION: Offer Resolution No. 3310, A Resolution of the City of Shakopee, Minnesota, Approving A Premises Permit for Pheasants Preservation, Inc. , and move its adoption. PPI-PULL.TAB • / 3 FOR BOARD LSE ONLY FEE CHECK LG214 Minnesota Lawful Gambling ' DATE 19/5/901 Premise Permit Application - Part 1 Organization Information Legal Name of Organlzauon Pheasants Preservation Inc. Business Actress of Organlzaoon -Street or P 0 Box (Do not use actress of gambling manager) 108 Walnut Street City State Zip Cooe County Business Mankato MN Pnor+e number 56001 Blue Earth (507) 345-3771 Name of cruet executive officer(cannot be gambling manager) Titte Business pnone number John Fallenstein Executive Director (507) 345-3771 Aooress of chief executive officer - Street or P 0 Box 30 S. Pilot Ct. City State Zip Cooe County Mankato MM 56001 Blue Earth Type of Application Class of Premise Permit ❑ Class A— Bingo, Raffles, Paddlewheels, Tipboards, Pull-tabs ® Class B— Raffles, Paddlewheels, Tipboards, Pull-tabs The class of premise permit ❑ Class C— Bingo only must be reflected by class of ❑ Class D— Rattles only the organization license. Bingo Occasions If class A or C, fill in days and beginning and ending hours of bingo occasions: No more than seven bingo occasions may be conducted by an organization per week. Day Beginning/Ending Hours Day Beginning/Ending Hours Day Beginning/Ending Hours f° to to 1O to to to If Bingo will not be conducted, check here D Status of Premise Permit - check one: . ❑ New premise—Fill in base organization premise permit number ® Renewal of existing premise permit—Fill in romolet.e premise permit number B-02999– 04 0 Previously expired premise permit—Fill in gomoletq premise permit number / 3C.-- Lc214 Minnesota Lawful Gambling • Premise Permit Application - Part 2 Gambling Premises Information Name of establishment where gambling will be conducted Street Address (do not use a post office box number) Rock Spring Supper Club 1561 1st Ave. E. Shakopee, MN 55379 Is the premises located widen aty yes U no City and County where gambling premises is located OR Township and County where gambling premises is located rf outside of ary limits City of Shakopee Scott 'County Name and Address of Legal Owner of Premises City Stan Zip Code X X Corporation 1561 1st Ave E. Shakopee MN 55379 Does the organization own the budding where the gambling will be conducted? EYES Q NO NOTE:Organizations may not pay themselves rent if they own the building or have a holding company. A letter must be sub- mitted showing rent payments as zero from gambling funds if the organization's holding company owns the premises. The letter must be signed by the chief executive officer.) If NO, attach the following: • a copy of the lease with terms for one year. • a copy of a sketch of the floor plan with dimensions, showing what portion is being leased. A lease and sketch are not required for Class D applicantions. Rent: For gambling with bingo $ Total square footage leased For gambling without bingo $ 600.00 Total square footage leased 44 sq. ft. Address of storage space of gambling equipment Address City State Zip code 1561 1st Ave. E. Shakopee MN 55379 Bank Information teach permitted gambling premises must have a separate checking account) Bank Name Bank Account Number Marquette Bank 02 478 2 1074 Bank Address City State Zip Code 129 South Holmes Shakopee MN 55379 Name, address, and title of parsons aurnoraed to sign checks and make deposits and withdrawals. Name Address Title Dave Reigaer 1369 1st Ave E Shakopee Site Manager Lon Whitehead 114 S. Skyline Dr. Mankato Gambling Manager Denise Winter 231 N. 6th St. Mankato Assistant / 3G LG214 Minnesota Lawful Gambling Premise Permit Application - Part 3 Acknowledgement Gambling Site Authorization I heartiy consent that local law enforcement officers, the board or agents of the board, or the commissioner of revenue or pubic safety, or agents of the commissioners, may enter the premises to enforce the law. Bank Records Information The board is authorized to inspect the bank records of the gambling account whenever necessary to fulfill requirements of current gambling ruies and law. I declare that: I have read this application and all information submitted to the board; All information is true, accurate and complete; All other required information has been fully disclosed; I am the chief executive officer of the organization; I assume full responsibility for the fair and lawful gambling and rules of the board and agree, if licensed, to abide by those laws and rules, including amendments to them; A membership list of the organization will be available within seven days after it is requested by the board; Any changes in application information will be submitted to the board and local government within 10 days d the change; and A termination plan will be submitted to the board within 15 days of the termination of all premise permits. Failure to provide required information or providing false information may result in the denial or revocation of the license. Signature of aloof executive officer Oar Local Government"Acknowledgement 1. The city *must sign if the gambling premises is located within city limits. 2. The county**AND township--must sign if the gambling premises is located within a township. 3. The local government (city or county) must pass a resolution specifically approving or denying the application. 4. A copy of the resolution approving the application must be attached to the application. 5. Applications which are denied by the local governing body should not be submitted to the Gambling Control Division. Township: By signature below, the township acknowledges that the organization is applying for a premises permit within township limits. City*or County** Township" City or County Name Township Name Signature of person receiving appiicabon Signature of person receiving application Title Date Received ;Title . Date Received arson dehvenng ap• canon to loca governing body •ate • !Is township: ❑Organized ❑Unorganized ❑Unincorporated Refer to the Instructions for the required attachments Mail to: Department of Gaming Gambling Control Division Rosewood Plaza South, 3rd Floor 1711 W. County Road B Roseville, MN 55113 v(;) IIP - P,'eO1\1SENT --xtt, EXPLANATION TO RESOLUTION NO. 3310, A RESOLUTION APPROVING A PREMISES PERMIT FOR PHEASANT' S PRESERVATION, INC. ORIGINATING DEPARTMENT: City Clerk PURPOSE: To approve the conducting of lawful gambling for Pheasant ' s Preservation, Inc. at the Rock Spring Supper Club, 1561 East 1st Avenue, Shakopee, Minnesota. REMARKS : During the last Legislative session, the Minnesota Legislature adopted a new law, Minn. Stat. Sec. 349 . 213 , Subd. 2 , which requires the City Council to adopt a resolution approving a premises permit cr a bingo hall license before the Gambling Board may issue or renew a premises permit or a bingo hall license for an organization. The City has received an application from Pheasant ' s Preservation, Inc. for a premise permit at Rock Spring Supper Club, 1561 East 1st Avenue, Shakopee, Minnesota. The current license of Pheasant ' s Preservation, Inc. from the State Gambling Board expires October 31, 1991. It is my understanding that the State Gambling Board is implementing a new policy. They are now requiring that all of the premises permits for an organization cover the same licensing period. Prior to this time an organization could have licenses in a number of jurisdictions all expiring at different times. One of the licenses for Pheasant ' s Preservation, Inc. will be expiring at the end of this year. The State Gambling Board is, therefore, requiring that all of their licenses be extended through December 31, 1991. It is my understanding that the premises permit beginning applied for at the Rock Spring Supper Club, will extend their existing license from the October 31, 1991 to December 31, 1991. The Shakopee Police Department has not received any complaints emanating from the Rock Spring Supper Club, nor Pheasant ' s Preservation, Inc. property taxes are current. Pheasant ' s Preservation, Inc. does meet the current conditions of the Shakopee City Code. Should the Shakopee City Code be amended, they will have to adhere to any amendments, ie: spending 90% of their gambling proceeds within the City' s trade area. Submitted By: 1 I Approved by: (7 444 _di . / /;./ 6,14.44-44 ^,. - // Czt Clerk City Administratd'r RECOMMENDED ACTION: Offer Resolution No. 3310 , A Resolution Approving A Premises Permit For Pheasant' s Preservation, Inc. , and move its adoption. /3 RESOLUTION NO. 3310 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING A PREMISES PERMIT FOR PHEASANTS PRESERVATION, INC. WHEREAS, the 1990 legislature adopted a law which requires municipal approval in order for the gambling control board to issue or renew a premises permit; and WHEREAS, Pheasant' s Preservation, Inc. is seeking renewal of their permit through December- 31, - 1990,. )-1;_- • 7I,, /972_ NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the premises permit for Pheasant' s Preservation, Inc. , at the Rock Spring Supper Club, 1561 East 1st Avenue, Shakopee, Minnesota, be approved. Passed in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this day of , 1990. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: Q/I�. City Attorney 4- 13A MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Massage Parlors DATE: November 29 , 1990 INTRODUCTION AND BACKGROUND: At their regular meeting on November 20th, City Council received a letter from Fran Vohnoutka, on behalf of Today' s Concept Salon, requesting the City to waive its massage parlor fees so that they could add a massage service to their salon. Mr. Vohnoutka stated that he thought that the City' s fees were too much for a small business to absorb. Some Councilmembers thought that this request should be considered when the City considers all its fees, rather than considering it as an isolated item. (I would like to point out that there is no provision in the city code allowing for the waiving of fees. ) At the December 18th City Council meeting, Council will be considering the 1991 Fee Resolution. Staff is currently reviewing the resolution and recommended changes will be presented to Council at that time. Rather than waiting to discuss this item in conjunction with the fee resolution on the last council meeting date of the year, this is being brought before the Council at this time. Staff would like some indication of what kind of fee Council would like to be included in the 1991 Fee Resolution. Attached is a table indicating the fees charged by other communities in 1985. This is from the Association of Metropolitan Municipalities Fee Survey conducted in July, 1985. We are requesting an updated fee schedule and will provide Council with updated information at the meeting. Please note that Shakopee has not changed its fee for this license since the codification of the city code in 1978 . By way of background, the Shakopee city code defines any establishment providing massages as a massage parlor. It requires the licensing of the massage parlor and the payment of a $2 , 000 annual fee, plus a one time investigation fee in the amount of $500. 00. It also requires that each masseur and masseuse be registered with the City annually and pay a $100 . 00 annual fee. If Council desires to amend the fees for massage parlors and masseur/masseuse registration for 1991, it is recommended that staff also be directed to make recommendations on amending the whole massage parlor section of the city code. During recent years neighboring cities have been amending their city code, recognizing therapeutic massage. This may be the time for Shakopee to do the same - especially since we now have some more modern examples of codes to use as a guide. This could be done the early part of 1991 and be independent of the establishment of the fees. /3 4 Massage Parlors November 29 , 1990 Page -2- It is my understanding that Today' s Concept Salon is interested in adding massage as a service to their salon sometime early this spring. This is why I believe that it would be appropriate for the massage parlor section of the city code to be reviewed and any desired changes to be made in early 1991. ALTERNATIVES: 1. Status quo 2 . Amend the fees for massage parlors 3 . Amend the massage parlor section of the city code RECOMMENDATION: 1] Advise staff of any desired fee changes so that they can be included in the 1991 fee schedule. 2] Direct staff to review the current massage parlor and masseur/masseuse registration sections of the city code and to recommend appropriate changes to council by March 19th, 1991. MASSCODE TODAY'S CONCEPT /3X 491 Marschall Road ft.Ft-•*tc- Shakopee, Minn. 55379 NOV 1 51990 November 14, 1990 CITY OF SHAKOPEE Mayor Laurent Shakopee City Council 129 E. 1st Avenue Shakopee, Minnesota 55379 To Mayor and City Council: I am writing this letter in behalf of my daughter and son-in-law, Tracy and Tim Hohenstein, as it applies to their business, Today's Concept Salon. They have had this business three years. It has moved to it's present location three months ago, becominga full service salon (toning, exercise equipment, tanning, hair and nails). They are presently considering adding massage as a service, but the annual license fee of $2,000.00 and the $500.00 investigation fee are simply to much for a small business to absorb. Tim and Tracy lived in this city most of there lives, so the $500.00 investigation fee along with the $2,000.00 annual fee seems exhorbant. There are presently other massages being done in local Chiropractic offices. Tim and Tracy and I are asking you, Mayor Laurent, and the City Council to waive the annual $2,000.00 license fee and the $500.00 investigation fee as it presently applies to massage parlors. Thank you. _ - .4,4,,,, ,e.0.4,._ , ,,,,-,,,,, ,6,,,,.. ,,,,.,„,,,- , Oc-laCk.A V---\CANLAQ:t_k. ran Vohnoutka Tim & Tracy Hohenstein Enclosure STAFF RECOMMENDED ACTION: Refer the letter dated 11/14/90, from Fran Vohnoutka , Today' s Concept , to staff to make recommendations on amending the city code and/or fees for massage parlors . "11/20/90 - Sweeney/Clay moved to receive and file the letter from Today' s Concept requesting waiving fees for massage parlors. Motion carried unanimously. " SAUNA/MESSAGE PARLOR/ESCORT SERVICE FEES FROM THE JULY, 1985 AMM MUNICIPAL FEE SURVEY ANOKA $500. 00 APPLE VALLEY Business $500. 00 Personal Service $25. 00 BLOOMINGTON Sauna $1, 000 Massage & Escort Business License $750. 00 BROOKLYN PARK $10, 000. 00 CHASKA $2 , 500. 00 COON RAPIDS $300. 00 + $100. 00 COTTAGE GROVE $100. 00 Investigation Fee + $25. 00/yr License Fee CRYSTAL $1, 100. 00 1st Year $35. 00/yr after that EDINA $300. 00 est. $50. 00 individual FALCON HEIGHTS $500. 00 FRIDLEY $1, 500. 00 HASTINGS $2 , 500. 00 INVER GROVE HTS $750 . 00 Business $250. 00 Personal MINNETONKA Depends on type of operation NEW BRIGHTON Established by res. NORTH ST. PAUL $2 , 000 . 00 PLYMOUTH $5, 000. 00 for 5 employees $1, 000 each additional RICHFIELD $2 , 205 Investigation Fee Minimum Fee $176. 00 ROBBINSDALE $1, 000 . 00 Business $25. 00/employee - personal $1, 000. 00 Invest. Fee ROSEMOUNT $2 , 500. 00 ROSEVILLE $10, 000. 00 ST. LOUIS PARK Depend on type of Buisness ST. PAUL $222 . 50 SAVAGE $500. 00 SHAKOPEE $2 , 000 License $500. 00 Investigation Fee WAYZATA $1, 000. 00 1311' SAUNA/MESSAGE PARLOR/ESCORT SERVICE FEES 1985 AMM December 1990 ANOKA $500.00 APPLE VALLEY Business $500.00 Personal Service $25.00 BLOOMINGTON Sauna $1, 000 Business $1000. 00 Massage & Escort Business If Add'tl to other license $200. 00 Invest. Fee $500. 00 Personal Service Fee of $50. 00 1991 Fees will be increased 5% License $750.00 BROOKLYN PARK $10, 000.00 CHASKA $2,500.00 COON RAPIDS $300.00 + $100.00 COTTAGE GROVE $100.00 Investigation Fee + $25.00/yr License Fee CRYSTAL $1, 100.00 1st Year $35. 00/yr after that EDINA $300. 00 est. $50.00 individual EAGAN Business $300. 00 inc. one therapist Investigation $300.00 Each Add' l Therapist License $50.00 Invest. Fee $200. 00 FALCON HEIGHTS $500. 00 FRIDLEY $1,500.00 HASTINGS $2, 500.00 INVER GROVE HTS $750.00 Business New Ordinance for $250. 00 Personal Theraputic - No fees Set yet MINNETONKA Depends on type of operation NEW BRIGHTON Established by res. NORTH ST. PAUL $2, 000.00 PLYMOUTH $5, 000.00 for 5 employees $6, 000 to 5 employees $1, 000 each additional $1,200 each additional $100. 00 individual $50. 00 Investigation MUST be certified (Need both business & individual) PRIOR LAKE License Fee $100. 00 Invest. Fee $500. 00 RICHFIELD $2,205 Investigation Fee Minimum Fee $176.00 ROBBINSDALE $1,000. 00 Business $25. 00/employee - personal $1, 000.00 Invest. Fee j3 ROSEMOUNT $2 , 500. 00 ROSEVILLE $10, 000. 00 ST. LOUIS PARK Depend on type of Buisness ST. PAUL $222 . 50 SAVAGE $500. 00 Business $300 . 00 renewal $100. 00 Personal Service Fee $100 . 00 - renewal $50. 00 (MUST be certified) SHAKOPEE $2 , 000 License $500. 00 Investigation Fee + $100 . 00/yr/individual WAYZATA $1, 000. 00 CONSENT TO: Mayor Laurent Councilmembers FROM: Dennis R. Kraft, City Administrator Tom Steininger, Chief of Police SUBJECT: Contingency Plan For Impounding of Animals. DATE: 11 21 90 INTRODUCTION: It may become necessary to alter the way we deal with impounding animals. BACKGROUND: From time to time, it is necessary for the City of Shakopee to capture and impound animals. This task is usually contracted for. A potential problem exists in that the animal warden who performs this service for us is currently under investigation and could lose his license. If the animal warden loses his license, he could still be called upon to capture animals but he would no longer be able to house them for us. In many instances, this can be dealt with by declining to capture animals running at large for a short period of time while other arrangements are made. There are, however, cases in which we have no choice but to pick up animals. An example of this would be a case in which someone has been bitten. The City of Bloomington has an animal holding facility that they will make available to us. The cost would be $8 . 00 per day for housing and $15. 00 for each animal they dispose of. A sample of the agreement they use is attached. We believe it would be in the best interest of the City to have a contingency plan in place in case the animal warden loses his license. We do not believe it would be in our best interests to terminate our relationship with the animal warden because of the resources he has available for transporting animals and because of the high level of proficiency he has continuously demonstratr.din dealing with animal problems here in Shakopee. This is being brought to your attention in this manner because it will not be possible to wait for a Council Meeting to occur to deal with the problem if the animal warden loses his license. ALTERNATIVES : 1. Enter a contract with Bloomington. 2 . Authorize the City Administrator and Police Chief to enter into such an agreement should it become necessary. RECOMMENDATION: Authorize the appropriate City officials to enter into an agreement witn the city of Bloomington for the boarding of impounded animals , if the City' s poundmaster becomes unable to do so. 341-' AGREEMENT • This Agreement executed on the 23rd day of January , 1989, by and between the City of Bloomington, a municipal corporation, Hennepin County, Minnesota (hereinafter called "Bloomington"), and the City of Eden Prairie, a Minnesota municipal corporation (hereinafter called Eden Prairie); WITNESSETH: WHEREAS, Bloomington has facilities for the impoundment of animals available for the use of Eden Prairie; and WHEREAS, Eden Prairie is desirous of using Bloomington's facilities for the impoundment and storage of animals which are impounded pursuant to the ordinances of Eden Prairie; and WHEREAS, the parties have agreed on the type of use and manner of use by Eden Prairie of Bloomington's impoundment facilities; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. That Eden Prairie may deliver animals to Bloomington's impoundment facilities, and Bloomington will board said animals for the sum of Eight Dollars ($8.00) per day, per animal, to be paid by Eden Prairie. 2. That Bloomington shall assume the responsibility for releasing animals, delivered to Bloomington by Bloomington Animal Control personnel, to those owners wishing to redeem said animals. 3. That in the event that an impounded animal must be disposed of pursuant to Minnesota Statutes or City Ordinances, Bloomington will do so at a charge of Fifteen Dollars ($15.00) per animal, to be paid by Eden Prairie. 4. That each party agrees to indemnify and hold the other harmless for claims, suits, actions, damages, and costs (excluding attorney's fees) resulting 3 ,ri from the negligence of the indemnifying party with respect to the transfer, impoundment, medical treatment, or destruction of animals pursuant to this Agreement. S. That Eden Prairie shall comply with all Kennel operating procedures established by Bloomington. It is understood and agreed that Bloomington shall, if necessary, have the authority to arrange for veterinary care of sick or injured animals impounded at the Bloomington kennel by Eden Prairie and that the costs of such veterinary services will be the responsibility of Eden Prairie. 6. This Agreement shall be for a period of one year, beginning January 1, 1989, and shall be automatically renewed from year-to-year on the last day of December unless either party has given thirty days' prior written notice that it intends to terminate the Agreement. 7. In addition to termination pursuant to paragraph 6 (above) either party may terminate without cause at any time upon thirty days written notice or immediately for breach of the agreement. 8. The boarding and disposal fees referred to in paragraphs 1 and 3 (above) may be administratively adjusted from time to time without a formal amendment of this Agreement. Such adjustment shall be made in accordance with the following procedure: a) Fee adjustments may be made when Bloomington has, by Council action, adjusted its boarding or disposal fees for its own residents. b) The adjusted fees shall not exceed the amounts set by Bloomington for its own residents. c) Initiation of a fee adjustment shall be made by 30 days written notice thereof to Eden Prairie. / 3 d) The adjusted fees shall become effective unless, within 30 days of the receipt of the notice of adjustment, Eden Prairie termin- ates this Agreement. 9) This present Agreement shall be effective January 1, 1989. CITY OF BLOO INGT•N Reviewed and Approv-d by the By: _ I s /L City.-AV;orne / / psi. ; or ,/ j s , By: //,/ \_::,/ � tj✓Attorney I s Mana:- ,44Y1,4r 471...,0;g: CITY OF EDEN PRAIRIE �7 By�.� �� e C "'" , ; >4 % 6�1� t yor ...." .0 ,___.- By: � 4.- _.,... I`ts :ger _.7. 01\1SEilv ; V TO: Mayor Laurent Councilmembers FROM: Tom Steininger, Chief of Police SUBJECT: City Towing Contract DATE: 11 29 90 INTRODUCTION: The Police Department requires the services of a towing company. BACKGROUND: Historically, the City has entered into agreements with private towing companies . The current agreement with Shakopee Towing Company expires on 12 31 90 . The existing agreement was reviewed by the City Attorney and modified in accordance with her recommendations. The only change of any substance was deletion of language requiring the contractor to open locked cars. The City Attorney felt this requirement exposed the City to unnecessary liability. The Council authorized staff to advertise for bids. This was accomplished in accordance with existing procedures. Shakopee Towing Company was the only bidder. Past experience with Shakopee Towing Company has been good. Their response to City calls reflects favorably upon the City and they have been very cooperative in fashioning incident specific responses when necessary. ALTERNATIVES : None RECOMMENDATION: Contract with Shakopee Towing to tow and store vehicles for a two year period commencing 01 01 91. ACTION REQUESTED: Authorize the proper City officials to enter into a contract with Shakopee Towing to tow and store vehicles for a two year period commencing January 1, 1991 . `.. j3 TOWING , IMPOUNDING , AND STORAGE OF MOTORIZED VEHICLES BID OPENING : November 27 , 1S90 2:00 P.M. ' City Hall , 129 East 1st Shakopee , Minnesota 1 . Towing Charges : Type I 2.-/‘C iC� Type II 70 Type III 61 TH ^ c^ r 2 . Towing of Large Vehicles : 9-, (y //0 /04i4 3. Storage Charges : a . First 24 hours or fraction thereof 1 Inside storage / �yr'" 2 Outside storage /G b . Each additional 24 hours or fraction thereof 1 Inside storage l ,SLS 2 Outside storage '- -(:) 4 . Unlocking Vehicles : J 0--' Ji ,,,,26,\ rC "?\ Signature Company SHAKOPEE TOWING 1803 Eagle Creek Boulevard SHAKOPEE. M►►vuE£Bou 55379 Address Phone 445.0030 AGREEMENT THIS AGREEMENT, made and entered into this day of 1990, by and between the City of Shakopee, hereinafter referred to as the "Contractor" . WITNESSETH: WHEREAS, the City of Shakopee desires to enter into a contract for the towing, impounding, and storage of motor vehicles ; and WHEREAS, the Contractor is the operator of a towing and storing facility located in the City of Shakopee and is desirous and willing to enter into such a contract with the City. NOW, THEREFORE, the parties heretofor and in consideration of the covenants hereinafter set forth, agree as follows: 1. The Contractor hereby agrees to tow, impound, and store all motor vehicles which are ordered removed under the direction of the Police Chief of the City of Shakopee or persons so authorized by him. 2 . The Contractor shall have satisfactory equipment and personnel to provide immediate service on all vehicles ordered impounded by authorized City Officials at all times, twenty-four (24) hours a day, seven (7) days a week, holidays included. 3 . The Contractor shall own or have available to the City of Shakopee, Minnesota, the following equipment: A. A minimum of two (2) tow trucks having a gross weight vehicle weight of eight thousand (8 , 000) pounds or more, equipped with a crane and winch, and further equipped to control the movement of the towed vehicle; and B. Equipment sufficient to move a completely demolished vehicle cn dollies or low-bed trailer. The Contractor agrees to maintain said equipment in good condition and repair. The City reserves the right to inspect the Contractor' s equipment from time to time for the purpose of determining whether the equipment is in good condition and repair and in conformance with the terms and conditions of this Agreement. 4 . All storage and parking lot facilities and equipment of the Contractor must be located within the City limits of Shakopee, Minnesota. The storage and parking lot facilities of the Contractor shall meet all applicable state building code standards and municipal licenses and zoning requirements, including those relating to screening and landscaping. 5 . The Contractor shall control and operate facilities capable of storing a minimum of two (2) vehicles inside and facilities cable of storing a minimum of ten (10) vehicles outside. It is further agreed that vehicles will be stored inside only when so directed by an authorized City Official . 6 . The Contractor assumes full responsibility for the conduct of its employees and guarantees that its employees will respond promptly to calls, use safe and adequate equipment, be clean in appearance, use decent language, and treat the public courteously at all times. 7 . The Contractor shall be solely responsible for the loss or damage to any motor vehicle, including its equipment and contents, from the time the vehicle is turned over to the Contractor or his agent by an authorized City Official until such time as the vehicle is released to the registered or actual owner or agent thereof. 8 . The Contractor agrees to maintain proper records of all vehicles received. These records shall be approved by the Police Chief of the City and are available at all times for inspection by authorized City Officials. The records shall include a copy of the police impounding report. The Contractor must submit to the Police Chief of the City of Shakopee monthly reports of vehicles stored and released. The contents of these reports shall be determined by the Police Chief of the City. 9 . All vehicles towed or impounded for the Police Department of the City are to be released by the Contractor only upon the showing of a release form issued by the Police Department of the City. Either the Contractor or his employee (s) must be present at the Contractor' s parking facility or on call at least between the hours of 7 : 00 a.m. and 6: 00 p.m. , Monday through Friday, and on Saturday from 8 : 00 a.m. to 12 : 00 p.m. , and Sunday from 12 : 00 p.m. to 5 : 00 p.m. , for the purpose of releasing vehicles to authorized claimants. 10. It is agreed that motor vehicles will not be driven during the towing procedure. Where a motor vehicle is without tires or has flat tires, the Contractor agrees to tow the vehicle without damaging the wheels further and further agrees not to tow a vehicle on its rims, on wheels without tires, or on flat tires. 11. When the Contractor arrives at the scene of a tow where a motor vehicle accident has occurred, the Contractor assumes responsibility for removing, without charge, any vehicular parts or other debris resulting from the accident. 12 . The Contractor shall be entitled to a charge for its towing and storage services pursuant to those fees specified in the following schedule. These fees shall apply only when the car is towed to the Contractor' s storage area at the direction of the City of Shakopee. Towing requested by vehicle owners shall be subject to fees agreed on between the Contractor and the owner including charges for towing vehicles outside the City of Shakopee. A. Towing Charges Type I, all tows which involve a vehicle which is on or immediately adjacent to a public street or alley and which can be secured for towing 3 with the usual type of winching. $ Type II, all tows which involve a vehicle which is not on or immediately adjacent to a public street or alley and which requires an unusual amount of winching to secure it for towing by one tow truck or the use of a dolly to tow the vehicle. $ Type III, all tows which involve a vehicle that requires, and for which a specific request has been made, two or more tow trucks. NOTE: The designation as to the type of tow performed will be by the duly authorized agent of the City. Any disagreement with this designation shall be made in writing to the City Administrator within 24 hours. B. Towing of Large Vehicles Towing of vehicles of more than five (5) ton factory rated capacity. $ C. Reclaimed Vehicles at Scene If an operator of the Contractor is called to tow a vehicle and after arriving at the scene of the tow, the owner appears to claim said vehicle, the vehicle may be turned over to the owner provided the police authorize the release of the vehicle and the towing operator is paid a service fee in the amount of one-half (1/2) of the Type I towing charge. D. Storage Charges 1. First 24 hours or fraction thereof A. Inside storage $ B. Outside storage $ 2 . Each additional 24 hours or fraction thereof A. Inside storage $ B. Outside storage $ E. Unlocking Vehicles: $ The City shall not be responsible to the Contractor for the payment of any charge for towing and/or storage, and/or unlocking vehicles. 13 . Should the Contractor fail to appear at the designated point of tow within twenty (20) minutes after a call, the City reserves the right to call another tow service to perform the work. If the Contractor is called for a tow and is unable to respond, it must immediately so inform the City Official or department requesting the tow, and the City hereby reserves the right to call another tow service to perform the work. In any case, only the towing service which performs the work will be paid. 14 . This Agreement will not be executed nor shall the Contractor commence work under this Agreement until the Contractor has established that it has obtained the insurance coverage set forth below and that said insurance is in full force and effect with respect to all operations of the Contractor. The Contractor agrees to furnish to the City a copy of the policy or policies issued thereto which shall be in force on the date of the execution of the Agreement and shall continue for a period equal to the duration of the Agreement. The following coverage is required: A. Public Liability insurance including general liability automobile liability as follows: 1. Bodily Injury Liability in the amount of at least $250, 000 for injury or death of any one person in one occurrence. 2 . Bodily Injury Liability in the amount of at least $500, 000 for injuries or deaths arising out of any one occurrence. 3 . Property Damage Liability in the amount of at least $50, 000 without aggregate limit for any one occurrence. Such property damage insurance shall include coverage for property in the care, custody, and control of the Insured. 4 . Garage Keepers ' Legal Liability policy in the amount of at least $30 , 000 . Each of these policies shall carry an endorsement which reads: It is understood and agreed that the insurance provided under the undermentioned policy and endorsement attached thereto, is hereby extended to apply to the liability imposed by law on the City of Shakopee for bodily injury and for damage to property, which liability is assumed by the Insured under the towing Agreement between the City of Shakopee and the Insured. B. Worker' s Compensation Insurance covering all employees of the Contractor working in the job in accordance with the Minnesota Worker' s Compensation Law. C. Cancellation Notice the policy shall provide for 10 days notice to the City before any changes or cancellation of each policy becomes effective. 15 . The Contractor shall defend, indemnify, and hold harmless the City, /3/ its employees and agents, from any and all claims, causes of action, lawsuits, damages, losses and expenses on account of bodily injury, sickness, disease, death, or property damage as a result, directly or indirectly, of the operations of the Contractor in connection with the work performed under this Agreement. In the event the Contractor shall fail to assume full responsibility for the defense of any claim after proper notice, the City shall have the right to defend such action and to charge all costs thereof to the Contractor. 16 . The Contractor shall operate its parking facility in compliance with the terms of this Agreement and all applicable laws, ordinances, rules, and regulations which are now in effect or which may hereafter be adopted. 17 . It is mutually understood and agreed that no alteration or violation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. 18 . In the event of a breach by Contractor of any terms or condition of this Agreement, the City shall have, in addition to any other legal recourse, the right to terminate this Agreement forthwith. 19 . This Agreement shall be for a period from January 1, 1991 to December 31, 1992 , provided that either party may terminate the same without cause by giving ninety (90) days ' written notice to the other. 20 . A copy of this Agreement and a schedule of the fees authorized shall be posted in a conspicuous place in the Contractor' s garage. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their appropriate officers and their seals affixed as of the day and year first above written. CITY OF SHAKOPEE: Its Mayor Its Clerk Its Administrator CONTRACTOR: By Its Approved as to form: City Attorney TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Dangerous Intersection DATE: 11 26 90 INTRODUCTION: An unreasonably dangerous traffic condition exists at the intersection of US 169 and MN 300 near Shakopee Town Square Mall. This intersection is just outside the city limits. BACKGROUND: Since July, there has been one property damage accident, three personal injury accidents and two fatal accidents at this intersection. In 1990, there have been a total of 6 accidents at this intersection. In 1989 , there were 5 property damage accidents at this intersection. In 1988 , there were 6 property damage accidents and 1 personal injury accident at this intersection. These figures are for the intersection of 169 and 300 only and do not take into consideration accidents occurring more than 100 feet from that intersection. There are three conditions present at this location which are not conducive to traffic safety. 1. Traffic moves too fast at this location. The speed limit there is 55 MPH. During random speed checks conducted over the past ten days, speeds varied between 35 and 70 MPH with the majority of traffic moving between 50 and 65 MPH. 2 . For some reason, traffic moving from south to north on 169 looks like it is moving slower than it is when viewed from MN 300. 3 . Traffic moving south on 169 comes up out of a dip in the roadway and attracts the attention of motorists about to cross 169 from 300, distracting them from the northbound traffic which presents the greater danger when entering the highway. To correctly enter 169 southbound, motorists attention should be directed to northbound traffic which presents the greater hazard to their safety. [3/ 4 . MN 300 enters US 169 at an oblique angle which has a certain disorienting effect on motorists and can cause them to take more time to cross northbound 169 if they do not do so at a right angle. Although this intersection is outside of the city limits, it is used by our citizens and will no doubt be part of the city before long. Also, the acquisition and renovation of the Shakopee Town Square Shopping Center by the Carlson Companies will result in higher traffic levels at the subject intersection in the future. ALTERNATIVES: There are several ways to address this problem. 1. Reduce the speed limit. A 40 MPH speed zone is low cost item that will would not only reduce the number of collisions but should also reduce the damage and potential for injury when accidents do occur. 2 . Change the flashing yellow signal by the trailer park to full function red-yellow-green. This action would slow northbound traffic and would provide a logical starting point for a reduced speed zone. Making use of existing poles and wires at this location rather than setting up a signal further north would keep costs down. 3 . Move the intersection of 169 and 300 further to the south. This would be by far the most expensive plan to implement. A new intersection would eliminate the problem of the dip, could be designed to eliminate the oblique angle and would serve as a more logical place for a signal light. RECOMMENDATION: Any action involving this stretch of highway will necessitate the participation of several units of government. Reducing the speed limit, for example, would probably involve the City of Shakopee, Scott County and the State of Minnesota. Therefore, it is recommended that the City Council direct the City Administrator to take appropriate actions to remedy this traffic hazard. REQUESTED ACTION: Move to direct the City Administrator to contact the appropriate local and state officials to remedy the traffic safety hazard at the intersection of U.S. 169 and MN 300 near Shakopee Town Square Mall . /-3 t TO: Tom Steininger, Chief of Police FROM: Ray Erlandsen, Patrol Officer SUBJECT: Traffic Oservation - US #169 & Mn #300 DATE: November 30, 1990 A random traffic speed observation was conducted between the dates of Novemnber 16 and November 26, 1990 at time periods varying from 1000 hours to 1630 hours. A total of 614 vehicles were recorded utilizing stationary radar. The results of this survey are recorded below. SPEED RANGE (MPH) NUMBER OF VEHICLES 10 - 20 0 20 - 30 1 30 - 40 29 40 - 50 80 50 - 55 238 55 - 60 208 60 - 65 54 65 - 70 3 70 + 1 TOTAL 614 X13 k, • MEMO TO: DENNIS KRAFT, CITY ADMINISTRATOR FROM: DAVE HUTTON, PUBLIC WORKS DIRECTOR DATE: NOVEMBER 27, 1990 (Dal/L-1 SUBJECT: SNOW AND ICE CONTROL PLAN INTRODUCTION Attached is Resolution No. 3321 adopting a Snow and Ice Control Plan for City Council consideration. BACKGROUND The Public Works Department has basically had an informal Snow and Ice Control Plan for many years. Due to the litigious society we now live in, the League of Minnesota Cities strongly recommends that cities prepare and adopt a formal snowplowing plan in order to reduce any exposure to liability and make our actions more defensible. The League also recommends that the City Council formally endorse this plan. The Public Works Department has prepared the attached SNOW AND ICE CONTROL PLAN for City Council review and approval. This plan basically outlines the procedures that the department has followed for many years, albeit informal. The plan as presented formally states our procedures and is a realistic representation of what actually goes on during a storm. The plan is quite lengthy and staff does not expect the City Council to fully understand each and every detail in the plan. But the plan will be reviewed and revised annually and staff would request that the City Council monitor our efforts during this winter and note any possible upgrades to our operations for inclusion in next year's revision of the plan. There are several key points to this plan which were not part of the Public Works Department operations in past winter, as follows: 1. There is an increased emphasis in documentation, as noted by the numerous reporting forms found in the Appendix of the plan. 2. A formal procedure for documenting and responding to complaints has been developed. 3. A formal procedure for handling minor damage and accidents has been developed. 4. After each storm, the plan will be reviewed to make sure it was followed and any deviations will be noted. 5. All employees assisted in the preparation of this plan and were briefed on the final document at some length. 6. The plan will be reviewed and updated on an annual basis. Attached is Resolution No. 3321 which formally adopts the SNOW AND ICE CONTROL PLAN. Staff is requesting that this Resolution be adopted on December 4, 1990 by the City Council, since the Public Works Department would like the plan to be in effect prior to winter storms hitting. ALTERNATIVES 1. Adopt Resolution No. 3321. 2. Deny Resolution No. 3321. 3. Table Resolution No. 3321. RECOMMENDATION Staff realizes that the Council will probably not have adequate time to assimilate all the information in this plan prior to the December 4, 1990 meeting, but due to the urgency in getting the plan in place staff recommends adoption of Resolution No. 3321. It does not establish any new procedures for plowing the streets and in actuality, the department has been following these procedures for many years. If the City Council feels that any major revisions are needed to the plan, they can be reviewed and incorporated in next year's plan. ACTION REQUESTED Offer Resolution No. 3321, A Resolution Adopting a Snow and Ice Control Plan for the City of Shakopee and move its adoption. 1.6.; It/ RESOLUTION NO. 3321 A Resolution Adopting A Snow And Ice Control Plan For The City Of Shakopee WHEREAS, the City Council of Shakopee believes that it is in the best interest of the residents for the City to assume basic responsibility for control of snow and ice on City streets; and WHEREAS, the City will provide such control in a safe and cost effective manner, keeping in mind safety, budget, personnel and environmental concerns ; and WHEREAS, the Public Works Department is given the responsibility for ensuring adequate snow and ice control on City streets ; and WHEREAS, the Public Works Department has prepared the attached SNOW AND ICE CONTROL PLAN NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: That the attached Snow and Ice Control Plan is hereby adopted as policy for the City of Shakopee. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1990. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney 13 I NOTE : Complete text is attached to original Resolution No . 3321 . City of Shakopee Snow and Ice Control Plan Public Works Department 1990 - 1991 I Mayor Gary Laurent I Council Members Jerry Wampach Joe Zak Gloria Vierling 11 Steve Clay Bob Sweeney I Prepared By: ' David Hutton, Public Works Director Barb Potthier, Public Works Secretary Jim Karkanen, Public Works Superintendent Harry Pass, Street Foreman Equipment Operators: Bill Doege Jerry Dircks Joe Honermann Todd Brinkhaus ' Dick Cheever Park Leadman: Howie Heller Parkkeepers: Wally Lureen Glenn Heyda Mike "Pinky" Hullander City Mechanic: Gene Jeurissen MEMO TO: DENNIS KRAFT , CITY ADMINISTRATOR FROM: DAVE HUTTON. PUSLIC WORKS DIRECTOR DATE : NOVEMBER 30, 1.90 SUBJECT : SNOWPLOWING CONTRACTS INTRODUCTION Attached is the 1990-91 snowplowing contract for City Council consideration. BACKGROUND The Public Works Department annually retains a contractor to assist in the City 's snowplowing efforts. The contractor is only utilized during extremely heavy snowfalls and basically protides assistance in the rural , county roads in Shakopee. Last winter I believe the contractor was only called out 3-4 times all winter. Staff has contacted three local contractors and requested quotes on providing the City. of Shakopee with the supplemental snowplowing . Two of the contractors have declined to show any interest in providing this service to Shakopee. Attached is the contract as submitted by S. M. Hentges for consideration by Council . S. M . Hentges was also the contractor for last winter and did an acceptable job when called on . The contract from last year expired on December 1 , 1990. Staff is seeking Council authorization to execute t_ is contract. t ALTERNATIVES 1 . Execute the contract 2. Deny the request RECOMMENDATION Staff recommends Alternative No . 1 . The hours/ f^iricas f - the equipment are comparable to industry rates and are only slightly higher than last years rates . No other contractors are apparently interested in providing this service and S. M. Hentaes has preformed well in past years. Again, the contractor is only needed during extremely heavy snowfalls for the rural roads and if an outside contractor did not provide this assistance it would severely slow down the snow removal efforts in the urban part of Shakopee. ACTION REQUESTED Move to authorize the appropriate City officials to execute the attached 1990-91 snow plowing contract with S. M. Hentges and Sons of Shakopee, MN. • 13 .E CITY OF SHAKOPEE PUBLIC WORKS DEPARTMENT 500 GORMAN STREET SHAKOPEE, MINNESOTA THIS AGREEMENT, entered into this day of 1990, by and between the City of Shakopee, Minnesota, hereinafter referred to as the "City" , and , hereinafter referred to as the "Contractor" . WHEREAS, the City is authorized to enter into contracts for the maintenance of its property, and WHEREAS, the Contractor desires to provide those services to the City as more fully set forth below. NOW THEREFORE, for the considerations hereinafter expressed, the City and the Contractor hereby agree as follows: 1. SERVICES PROVIDED. The Contractor agrees with the City to provide all supervision, labor, tools, equipment, materials, and supplies necessary to perform, and to perform snow plowing and removal services for the winter season of 1990-1991. These services shall include providing the following equipment and services, at the following specified rates per hour: DESCRIBE EQUIPMENT or service provided RATE/HOUR CR-1- ivc & )�9c k,� G'40•y/�efi' 9c. C ,zf L>G ettn4 acs- `- /5 S.5 �f lL (c L7 t/,ry ]'.C%' S 6c c_!' iv a The Contractor shall furnish an operator for each item of equipment, all fuel, and shall assume repair costs. Rates listed shall to be at straight time; overtime will not be paid. 2 . SERVICES PROVIDED UPON REQUEST. The above services shall be provided upon request of the Director of Public Works or his designated representative. He shall notify the contractor of the starting time, and the type of equipment that is needed. The type of equipment will depend upon weather conditions and circumstances. 3 . LENGTH OF CONTRACT. This contract shall be effective on the date it is approved by the City Council of the City, and shall remain in effect until , or until all obligations set forth in this contract have been satisfactorily fulfilled or unless earlier terminated as provided, whichever occurs first. 4 . CONSIDERATION AND TERMS OF PAYMENT. The City shall pay for services and materials as set forth in paragraph 1 above, which shall constitute complete compensation for all services to be ren- dered under this contract. 5. TERMS OF PAYMENT. The Contractor shall submit duplicate invoices on a monthly basis to the authorized agent of the City for payment of work completed. The authorized agent shall review the invoices, and, if appropriate, approve the payment. No payment shall be made without the approval of the authorized agent. 6. CONDITION OF PAYMENT. All services provided by the Contractor pursuant to this contract shall be performed to the satisfaction of the City, and in accordance with all applicable federal, state and local laws, ordinances, rules and regulations. Payment may be withheld for work found by the City to be unsatisfactory, or performed in violation of federal, state and local laws, ordinances, rules or regulations. 7 . AUTHORIZED AGENT OF CITY OF SHAKOPEE. The authorized agent of the City for the purpose of administration of this contract is identified as: NAME S-727 1.7 7`l" c'� -CO•,1 // L TITLE PHONE L/y5-- 7E'e74,/ 2 y%- - ;- 8 . PERSONNEL. The Contractor repreresents that the Contractor will provide at the Contractor's own expense, all personnel required to perform the services called for under this contract. Such personnel shall not be employees of or have any contractual relationship with the City except as employees of the Contractor. All of the services required hereunder will be performed by the Contractor or under the Contractor's direct supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services. 9. SUBCONTRACTS . The Contractor shall not subcontract any portion of the work to be performed under this contract nor assign this contract without the prior written approval of the authorized agent of the City. The Contractor shall ensure and require that any subcontractor agrees to and complies with all of the terms of this contract. Any subcontractor of the Contractor used to perform any portion of this contract shall bill the Contractor directly. The Contractor shall be solely responsible for the breach, performance or non-performance of any subcontractor. The Contractor shall defend, indemnify, and hold the City harmless from and against all claims, losses, costs (including attorneys' fees) , 3 4. and liabilities arising out of personal injuries, including death, and damage to property which are caused by any subcontractor aris- ing out of or in any way connected with this contract. 10. INSURANCE. The Contractor shall throughout the term of this contract maintain insurance for the duration of this contract, and shall provide the City with a suitable certificate of insurance for documentation. Such insurance shall be in accordance with the insurance required under Section 35. 00 of the 1989 Standard Specifications For Public Works Construction for the City of Shakopee, Minnesota. 11. TERMINATION. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner Contractor's obligations under this contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this contract, the City shall have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof. The Contractor shall be liable to the City for damages sustained by the City by virtue of any such breach of the contract by the Contractor. 12 . WAIVER. One or more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same or any other provision. 13 . TERMINATION. This contract may be terminated by either party, with or without cause, upon 30 days' prior written notice to the other party. 14 . INDEPENDENT CONTRACTOR. It is agreed that nothing contained in this contract is intended or should be construed as creating the relationship of co-partner, joint venturers, or an association with the City and the Contractor. The Contractor is an independent contractor and neither it, his employees, agents, subcontractors nor representatives shall be considered employees, agents or representatives of the City. Except as otherwise provided herein, the Contractor shall maintain, in all respects, control over the means and personnel by which this contract is performed. From any amounts due the Contractor, there shall be no deduction for federal income tax, FICA payments, state income tax, unemployment compensation taxes, or other payroll deductions or taxes. All such taxes and obligations are the sole responsibility of the Contractor. 15. EQUAL EMPLOYMENT AND NONDISCRIMINATION. In connection with the provision of services under this contract, the Contractor agrees to comply with the applicable provisions of federal and state equal employment opportunity and nondiscrimination statutes and regulations. 16. INDEMNITY. The Contractor shall defend, indemnify, and hold the City harmless from and against all claims, losses, costs (including attorneys' fees) , and liabilities arising out of personal injuries, including death, and damage to property which are caused by the Contractor arising out of or in any way connected with this contract. The Contractor further agrees to defend, in- demnify, and hold the City harmless from and against any claims, losses and liabilities arising out of the award of this contract to the Contractor. 17 . CHANGES. The parties agree that no change or modification to this contract, or any attachments hereto, shall have any force or effect of this contract. The execution of the change shall be authorized and signed in the same manner as for this contract. 18 . NOTICES . All notices required or permitted hereinunder and required to be in writing may be^ given by first class mail addressed to the City and the Contractor at the address shown above. The date of delivery of any notice shall be the date fall- ing on the second full day after the day of its mailing. 19 . SUCCESSORS AND ASSIGNS. The City and the Contractor, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the other party to this contract and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of this contract. Neither the City nor the Contractor shall assign, sublet, or transfer any interest in this contract without the prior written consent of the other party. 20. SEVERABILITY. In the event any provision of this contract shall be held invalid and unenforceable, the remaining provisions shall be valid any binding upon the parties unless such invalidity or non-enforceability would cause the contract to be impossible to fulfill. 21. ENTIRE AGREEMENT. It is understood and agreed that the entire agreement of the parties is contained herein and that this contract supercedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the City and Contractor relating to the subject matter hereof. 22 . VENUE. This contract shall be governed by the laws of the State of Minnesota. IN WITNESS THEREOF, the parties have caused this contract to be duly executed on the date first above written, intending to be bound hereby. • �-- / 3 4 CITY OF SHAKOPEE CON ,=CTO;' byby � Mayor title / ATTEST: City Clerk Approved as to form: City Attorney ! 3r TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Storm Drainage Utility Fees DATE: November 29, 1990 Introduction The issue of increasing storm drainage fees and project funding has been raised at recent Council meetings. It is an appropriate time to review the fee issue and if a change is to be made for 1991, it should be decided now. Background Council established a storm drainage utility in 1985 and the first utility bills went out in 1986. See attached for background information on the rational for having a utility. There are basically four interrelated issues for current review. They are the use of tax increment financing, cash flow, charging for the upper valley project and over sizing. Tax Increment Funding The original project list proposed using $4.2 million in TIF. (Note: some of the dollar amounts in the reports have changed due to changes in estimates and changes over time.) So far the City has issued $4.7 million of TIF debt for the Holmes Basin and the Upper Valley projects. The decision was to use the TIF share of all the projects first while TIF funding was available. In other words, the City shifted the pieces of the funding pie in the attached charts to put all TIF in the pies of the first two projects and all utility revenue in the pies for the rest of the projects. The rest of the Upper Valley project is planned for 1992 with a new estimated City cost of $2.4 million. We can not issue additional TIF bonds against existing districts. If Council wants to use additional TIF to pay for more Upper Valley project costs, the dollars would have to come out of the TIF trust fund. This would then leave less funds for debt retirement and may necessitate keeping TIF districts open longer (KMart District) . Note: There is also the issue of how to pay for the last phase of the Downtown project. TIF was a significant portion of the funding for the first two parts. Cash Flow Attached is an estimated cash flow for the storm drainage utility. Although the CIP shows several projects over the next 5 years, this projection is based on only doing the West Side Laterals after the completion of the Upper Valley project in the next 5 years. An increase in special benefit user fees for the Upper Valley project is included as explained below. No additional TIF support is included and no bond ► S ( 1 proceeds are shown. Upper Valley The special benefit fee is shown on the attached cash flow statement at 25% of the project cost spread over 10 years and starting in 1993 after the project is completed. Using the original formula for storm drainage (SD) user fees - city wide, the fee would be doubled due to the Upper Valley Project. The current citywide fee is generating $257,100. Fifty percent of the Upper Valley project (including 1991 phase) recaptured over 10 years equals $261,500 or a doubling of the current citywide fee. Because of past timing and projected timing of construction for the remaining projects, it appears that the city wide fee would not need to be increased at this time. Over sizing for the Upper Valley project. The costs for the Upper Valley project include building the line bigger to have capacity to serve future areas to the south and west of the properties currently benefitted. If some adjustment would be made in the special benefit charges to reflect this situation, the citywide portion would have to make up the difference. This issue should be addressed before 1993, the projected completion date and implementation of the special benefit fee. Alternatives 1. Use additional TIF funding for SD projects. 2. Increase citywide fee now. 3. Increase citywide fee in a year or two. 4. Keep city wide fee the same. Recommendation Keep the city wide fee the same and discuss the pros and cons of oversizing credits for implementation of the special benefit charges for the Upper Valley project in 1993. 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HH < C/) + P r Z P CO a CDD P Crlq •• 0 0 CO CD 0 H- CD 0 CO 'Cl 'Cl CD 'Cl CCed C D OD CD CZ CD P• 0 K C) X ON HH S N (.w) W O O 31 LA) H VI c+ 1 O O '.D 1 O N vi N ON H -P- ON T W 0 0 --4 w N vt H \n . - -] 4 H O\ N O\ -- NHOHH \O �n T N O O\ vi Co w 0 O\ w 1 O Co O VD O O O -4 CO O \n O co N '.O co 4 \ 0 vi J=- 0 4 0 \O 0 - \n 0 cw 0 0 ON CT 4 \D 125 . _Sc. MEMO TO: Shakopee City Council FROM: Dennis R. Kraft, City Administrator RE: 1991 Pay Plan for Nonunion Employees DATE: December 4 , 1990 INTRODUCTION: This past week, City staff has been attempting to prepare a 1991 pay plan for nonunion employees and fire fighters for City Council ' s consideration. The City of Shakopee' s pay plan is based on a rather complex formula that includes many variables. The City' s existing pay plan is also out of compliance in terms of the State Pay Equity legislation. In order for us to develop a pay plan that brings us into conformance with Pay Equity legislation, staff would like City Council to affirm a cost of living adjustment for purposes of calculating the 1991 pay plan. This will give staff the opportunity to analyze the cost impact of other adjustments that need to be made to several other variables within the pay plan. BACKGROUND: In 1984 the Minnesota legislature passed a bill requiring pay equity for employees of local governments. The law has been amended several times since 1984 , but the overall concept remains unchanged. The purpose of pay equity has always been to eliminate sex-based wage disparities. The law as amended requires the Department of Employee Relations to determine the compliance after the implementation deadline of December 31, 1991 and advise the local governments of any changes needed to achieve compliance if they are out of compliance. By January 31, 1992 each political subdivision must submit to the Commissioner a Employee Relations and Implementation Report as of December 31, 1991. If the Commissioner finds that the subdivision is not in compliance based on the information contained in the Implementation Report and required by state statute, the Commissioner shall notify the subdivision of the basis for the finding. If the subdivision does not make the changes to achieve compliance within a reasonable time set by the Commissioner, the Commissioner shall notify the subdivision and Commissioner of Revenue that the subdivision is subject to a 5% reduction in the aid that would otherwise be payable to the governmental subdivision or to a fine of $100. 00 a day, whichever is greatest. The guiding principal in determining whether a community is in compliance with the Pay Equity Act will always be whether or not the community has eliminated sex-based wage disparities. Any pay disparities which are not gender-based will not be relevant to the compliance decision. The Department of Employee Relations will be reviewing scattergrams to determine compliance. A scattergram is a graph showing the relationship of pay to job value for all jobs in the jurisdiction. The scattergram plots points and maximum salaries for each male and female class. Shown in attachment #1 is a scattergram of our 1990 Pay Plan. Please note that the 1 /3 scattergram has been developed by placing the Public Works union employees at their 1989 rate. Note that several female positions are well below the line in comparison to male classifications of comparable point values. In other words, our 1990 Pay Plan would not have met the compliance standards set by the Department of Employee Relations. In an effort to bring our pay plan into compliance, staff will be considering several major changes to our pay plan. However, before staff can begin to develop a pay plan that achieves pay equity, it would be helpful to nail down as many variables as possible. Staff would like City Council to consider affirming the use of a 4% cost of living adjustment for purposes of the pay plan formula. This will give staff the ability to analyze cost impact on the City when other variables are being factored. The 1991 proposed budget does include funding for a 4% wage adjustment. Inflation figures in the metropolitan area are estimated to be between five and six percent. Cy Smythe, representing Labor Relations Associates Inc. has stated that the average wage rate increase for cities without comparable worth problems has been 4% . Cities with comparable worth problems have been budgeting around 5%. For the sake of comparison, Prior Lake and Savage are both proposing 4% cost of living adjustments for their 1991 budget. Some of the changes that staff is considering to the pay plan include adjustments to the corridor (presently 10% - plus or minus 5%) , the addition of steps for nonexempt employees (presently 4) , adjustment to the Comparable Worth - Stanton Market ratio split (presently 51/49) and changing the wage rate used for market comparison purposes from the median to the Stanton average max. If Council concurs with staff and approves the utilization of a 4% cost of living adjustment, staff would like to point out that this may not automatically incur a 4% wage adjustment on January 1 for all position classifications. Changes to the pay plan may reflect little or no increases for some positions and increases in excess of 4% for other positions. Staff may be considering a phase-in of rate adjustments. ALTERNATIVES: 1. For purposes of the 1991 Pay Plan, direct staff to utilize a 4% cost of living adjustment. 2 . For purposes of preparing the 1991 Pay Plan for City Council ' s consideration, direct staff to utilize some other cost of living adjustment figure. 3 . Table pending further information from staff. 2 /32 STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: For purposes of the 1991 Pay Plan, move to direct staff to utilize a 4% cost of living adjustment. 3 PAY ) 3 I (Thousands) 1 _L m T a I I 1 4' 1 7111 \ -:, \I-- Fri 3.7 CO "Ii:E.. \ I ' I N CA - 0 'ONSENT ) 3M Memo TO; Dennis R. Kraft, City Administrator From: Marilyn Remer, Personnel Coordinator Re: Probation Termination Date: November 29, 1990 Introduction Charles Fuller, Custodian, has successfully completed the required six- month probationary period. Background Charlie was hired as Custodian on 5/29/90. All appointments are subject to a probationary period of six months. LeRoy Houser, Building Official, has completed the six-month evaluation and recommends that the probationary status be terminated effective November 29, 1990. Action Requested Move to terminate the probationary status of Charles Fuller effective November 29, 1990. 13N Memo to: Dennis R. Kraft, City Administrator From: Marilyn Remer, Personnel Coordinator Re: Vacation Carry-over for Gary Nosbusch, Police Detective Date: November 29, 1990 Introduction Personnel Policy provides that no more than the amount of vacation leave earned in a payroll year can be carried into a new payroll year, unless specifically authorized by the City Administrator with the approval of the City Council, which approval shall be granted only for unusual circumstances. Background Police Detective, Gary Nosbusch is requesting approval to carry-over 128 vacation leave hours to 1991 for a period not to exceed 90 days. Due to the nature of Detective Nosbusch' s duties and assignments, summer and fall are extremely busy times for him making it difficult to schedule time off. Detective Nosbusch is planning a winter vacation and plans to use the excess vacation leave hours within the 90 days requested. Alternatives 1. Approve Detective Nosbusch' s request for vacation carry- over. 2 . Do not approve the request for vacation carry-over. Recommendation Alternative #1. Action Requested Move to approve 128 hours of vacation carry-over to 1991 not to exceed 90 days for Detective Gary Nosbusch. - - � L12 TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Surplus Property Certification DATE: 11 26 90 INTRODUCTION: Law Enforcement equipment of a tactical nature is available at extremely good prices through the State of Minnesota, Division of Federal Surplus Property. BACKGROUND: Items such as uniforms for our drug entry team which is also being trained to deal with a wide variety of critical incidents and other material which the Federal Government has declared surplus but which is very usable to us is available to eligible agencies for prices as low as ten cents on the dollar. To become eligible, it is necessary to fill out an eligibility certification form and a certification of nondiscrimination assurance. Copies of both form are attached. Filing these forms probably amounts to entering a contract. ALTERNATIVES: 1. Authorize participation in the program. 2 . Decline to participate in the program. RECOMMENDATION: Participate in the program. ACTION REQUESTED: Authorize appropriate City officials to execute the Eligible Certification and the Certification of Nondiscrimination _ Assurance in order that the City can make purchases trrough the State of Minnesota, Division of Federal Surplus Property. Complete and return 2 c tes of this form - one will be turned after approval. APPLICATION FOR ELIGIBILITY MINNESOTA FEDERAL SURPLUS PROPERTY ACTIVITY I. A. Legal Name of Applicant Organization B. Address Telephone ( )- II. PUBLIC AGENCY (only) Complete the ^Following: A. Check type of agency: ( ) State Government ( ) County Government ( ) City Government ( ) Education ( ) Health III. NONPROFIT TAX-EXEMPT HEALTH OR EDUCATIONAL INSTITUTIONS (only) Complete the following: A. Check type of institution: ( ) College ( ) Training center ( ) Health center ( ) Secondary school ( ) Radio/TV station ( ) Health clinic ( ) Elementary school ( ) Library ( ) Child Care Center ( ) School for handicapped ( ) Museum ( ) Nursing home (skilled) ( ) Sheltered workshop ( ) Hospital ( ) Research center ( ) School for the Mentally ( ) Pre-Kindergarten ( ) Other Retarded ( ) Older Americans Activity B. Narrative description of program or services offered (attach a short statement) C. How is the institution funded! (show percentages:: 1. Tax supported (other than by grant) 2. By grant and/or contributions 3. Other (Specify) D. Has the institution been determined nonprofit and tax-exempt under Section 501(0) (3) of the U.S. Internal Revenue Code? (attach IRS ruling letter) E. Has the institution been approved, accredited or licensed? If yes, by what authority? (attach evidence) NOTE: If applicant lacks evidence of formal approval, contact the State Agency Director for qualifying procedure. DATE Signature of CerL:ifying Official Title FOR STATE AGENCY USE DATE approved ( ) Signature disapproved( ) Federal Surplus Property Official Rev. 2/85 1 -CONTRACT BETWEEN 'I'IIF 'ATE OF MININESOTA, DEPARTMENT C \DPiIliISTRATION: 1 I4 THE UNITED STATIS ( E)+R!RAT, SERVICES AD1IIilIS'1.'RATION; ANSI' THE TRANSFEREE• I _ • I Certifications and Agreements (Including Terms, Conditions, . Reservations and Restrictions) . (s) THE DONE);CERTIFIESTIIA7' Agency.the doncc,at the option of GSA or the Stale Agency shall pay to GSA or the (I) It is a public agency:or it ntinprolil educational or public heath institution State Agency.us the ease may he.the proceeds of the disposal or the fair market or organization.exempt from taxation under Section Mt! iii the Internal Revenue - value or the fair rental value of the progeny in the time of such disposal,as deter- Cale of 1954:within the meaning of Section?t/.t(j)of the I'cite,al['illicit),and Ad- ruined by GSA or the Slate Agency. ministrative Services Act of 1949.as amended.and the regulations of the Adminis• Ironton of General Services. (3).If at any time,from the date it receives the property through the period(s)of - time the conditions ithposetl by(h)and(c)remain in effect, ally of the property (2) Ira public agency,the property is needed and%cill le used by the recipient listed hereon is no longer suitable,usable,or Hurdler needed by the donee for the for carrying out or pronntang liin the residents of:r given pl'Ii;ie:d atea one or mune , purpose(s)liir which acquired.the donee shall promptly notify the Slate Agency. public purposes.or.if a nonp,util lac"esotto institution or organiintion.the peip• and shall.as directed by the State Agency,return the property to the State Agency. crty is needed for and will be used by the recipient lit educ:tion:d lir public health release the prtiperty to another donee or number State Agency, n department or purposes,and including research lin such purpose. The Impel ty is inn being ac• agency of the United St:tes,sell or titherwise dispose of the property.The proceeds quirt()for any tither use or purpose.or for sale III other dist'Outflow lir lin perma• I tiny sale shall be remitted p ply by the donee to the State Agency. hent use outside the Shute,except with prior approval of to State Agency. (t) The donee shrill make reports to the Shoe Agency on the rase,condition,and (3) Funds are available to pay all tests and chat Iles incident to donation. Itit•ation of the property listed hereon,and on other pertinent nutters as may he re- (4) This transaction shall be subject to the nondiscrimination regulations guv• quirrtl from time h+time by the State Agency. " erning the donation of surplus personal properly issued under title VI til the Civil (5) At the option(tithe State Agency,the donee may abrogate the conditions set Rights Act of 1964,Title VI Section(,1)6'I the keit::d Propel iyand Ad ' '.tiative Birth in(c)and the terms,reservations and restrictions pertinent thereto in(d)by Services Act of 1949, as amended,and Set t" SIl l til the Rehabilitation Act of payment tit;tits ttttt min as dew ' •d by the State Agency. 197.3,as amended.1 itle IX of the Education Amendments til I972.as amended, and Section 303 of the Age Discrimination Act of 1975. (c) '1'IIF.Dorm?.AGREES TO THE FOLLOWING CONDITIONS,A1'_I'I.1- CAIII.E to A1,1.ITEMS OF PROPERTY LISTED HEREON: (h) THE DONEE AGREES TO TIIE FOLLOWING FEDEItAI. CONDI- TIONS: (I) The property umpired by the donee is on tin"us is.--where is"basis.with- mit warranty litany kind. (I) All items of property shall he plated in use lir the pinpose(s)for which acquired within one year of receipt and sliall ht continued in use lir such par- (2) Where a donee carries insurance opium dunnage to or loss of property due pose(s).In the event the property is not so placed in use,or continued in use,the to tire or other hazards and where loss of or damage to donated property with ones- dance shall inanediately notify the State Agency.and cit the donee's expense.return piled terms,conditions,reservations or restrictions•occurs.the Sante Agency will such property to the State Agcney,or otherwise ;take the property available Mr he entitled to reimbursement f the dome of of the insurase proceeds,of nn transfer or other disposal by due State Agency provided the in ngoverly is still usable amount equal to the un:unorlized portion of the fair value of the chomped or de- us determined by the State Agency, stroyed donated items. . (2) Such special handling lir use limitations:Is:re imposed by General Services (f) TERMS ANI) CONDI PIONS APPLICABLE'U)TUE DONATION OF Adminixlrnliun(GSA)on any hem(s)of prryet ty listed hereon. Ault(:RAVI'AND VESSELS(SO 1•'10•1'OR MORE IN LENGTH) IIAVIN(: (3) In the event the property is not so used sir handled as required by(b)(I)and AN ACQUISITION COST OF$1,11011 OR MORE,REGARDLESS OF THE (2),title and right to the possession of such propel ty skill be at the option of(iSA I'(Iltl'OSE FOR 1VIIICII ACQUIRED: revert to the United States of America and upon do:oaarl the donee shall release such i t) The donation shall be subject In the terns,conditions,resery:u inns and re- property to such person as GSA or its designee.hall iliotet' Wirtitins set forth in the Conditional Transfer Document executed by the authorized CO TILE DONEE. AGREES.` To '1111 FOLLOWING CONDITIONS loner nepursrntative. IM- POSED Irl"Top:S't'ATr. A(:I•:N(;1', AI'1•t,l('AitLE'1() 11 EMS 11'1.111 A boat 1'Itl'. I)()N1;1: AGREES 'I'C) Tot: (:1?It'1'll'It'A'1'1()NS AND A(:Itldl:- UNIT ACQUISITION COST OF 53,00110R 1110111•:AND PASSENGER 6111 Allirfl.S REQUIRED lel"1'111;5IA'l'E AGENCY: TOR VEIIICI.E?S, REGARDLESS 0E A('Q(IISITION ('OST, EXCEPT VESSEI S SO FEET Olt MORE IN LENG'I'II AND Alit('ItAi I': II) '1'1w Authorized Represenmtive hereby certifies that the person whose name appears is legally authorized to act lir the Ihmee named in tequlrhig federal (I) The pntpetty shale be used only for the pwpnur(s)fur which uctptiatd and surplus property and entering into the terms.ctauhitions,and ceitihieatiuns of this for no other purpose(s). document. (2) There shall he a period orrestrictitin tehich will expire alter such t'upetty The Donee!herebyAgrees That: has been used for the purpose(s)for which actl;iced fort u hod a pof 22"1 months limit the date the property is placed iii use.except tin silt It items of muajor equipment, (a) The property requested on this docunenl will be checked by its mitre- listed hereon.on which the State Agency designates a further petits'of restriction, sentaive as it is received at the Suite Agency and that all adjustments will he made at (3) In the event the property is uul so Used as requited by left I)and(2)and this time. : Federal restrictions(M C 1)111151(2)have expired then title and right to the possession (hi Any item of property listed hereon which becomes excess to 11w needs of such property shall at the ultium orate Shoe Agency lever!In the Stale of/shims• of the Donee will be reported to the State Agency for relrtmsier to;mother eligible solo and the donee shall release such'novelty to such person as the State Agency institution. shall direct. (c) Payment of service i•harges or fees will be made in the limn of n war- rant lir check drawn on the eligible donee within Thirty days of receipt of invoice. (d) TUE DONEE AGREES TO'1'ile: F(11.1.OWING 'l'EIMS, RESER VA- Stale of Minnesota departments or agencies operating pursuant to a legislative tip- TIONS AND RFS TRIC 1'IUNS; pitipriation shall have cast of service charges or fees trmasferrcd,by the state li• (I) From the date it receives the property listed hereon and Ihnnigh the pet i• mince commissioner, from the:gtprtipriainn of the state department or tigeney Ip od(s)of time the conditions imposed by Ott aitil te)ala is e remain Meth:et.the it cc the State Agency's revolving fund, shrill not sell,bade.lease,lend.hail t:ttmoibuliie,encumber.in otherwise dispose of property being trursIerred by this document will not be such property. • Id) Any items of ropo p perty.or reilloVe it permanently.lir use'mishit.Ilio Shut•,without the p int Med in violation tin Stale ha. approval of GSA under 9b)or the State Agency under fel.floe mtxa•ils from any a nee of other disposal iii the pt'leIty. fel No clothing in this issue shall he used for'Terminal use and all cloth• sale,track,(ease.yuan,bailment,eta with! when such action Is authorized by GSA lir by the Slate Agtucy. shall he'emitted ing ileitis shall he properly identified whit the name of the institution. p pity by the donee to GSA or the State Agency,as dor cast mac be. • 11') All bedding materials transferred by this instnmtml will hr sterilized its (2) In the event any of the property listed hereon is sold.traded.leased,lu:uu•d, required by State law before Icing used as bedding. hulled,cunnihmlized,encumbered.or otherwise disposed of by the()once horn the (g) Icy acceptance aims property.the Donee shall save the Slate tura)Fed- dote it receives the property through the peri:xl(st of time the conditions imposed by ural(hive:nnents harmless from any mid till claims from personal injuries or dis- (h)and (e) remain in effect, without the prior approval til GSA lir the State abilities to die donee or the donee:s employees,or many other person mitring front. or incident to the donation of this material or its use lir disposition by the donee. r • NOttDISCRLtIIUATIOtI ASSURAn • Assurance to be executed by authorized representative of donee activity prior to receiving donations of surplus personal property from the Minnesota Federal Surplus Property Actiirit on and after October 17, 1977. S Assurance of Compliance with GSA Regulations under Title VI of the Civil Rights Act of 1964, Section 605 of Title VI of the Federal Property and Administrative Services Act of 1949, as amended, Section 504 of the Rehabilitation Act of 1973, as amended, Title IX of the Education Amendments of 1972, as amended, and Section 303 of the Age Discrimination Act of 1975. , hereinafter called the "donee" hereby agrees that the program (name of donee) for or in connection with which any property is donated to the donee will be conducted in compliance with, and the donee will comply with and will require any other person (any legal entity) who through contractual or other arrangements with the donee is authorized to provide services or benefits under said program to comply with, all requirements imposed by or pursuant to the regulations of the General Services Administration (41 CFR 101-6.2, or 101-8) issued under the provisions of Title VI of the Civil Rights Act of 1964, Section 606 of Title VI of the Federal Property and Administrative Services Act of 1949, as amended, Section 504 of the Rehabilitation Act of 1973, as amended, Title IX of the Education Amendments of 1972, as amended, and Section 303 of the Age Discrimin- ation Act of 1975, to the end that no person in the United States shall on the ground of race, color, national origin, sex or age, or that no otherwise qualified handicapped ' person shall solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity for which the donee received Federal assistance from the General Services Administration; and Hereby Gives Assurance that it will immediately take any measures necessary to effectuate this agreement. • The donee further agrees that this agreement shall be subject in all respects to the provisions of said regulations; that this agreement shall obligate the donee for the period during which it retains ownership or possession of any such property; that the United States shall have the right to seek judicial enforcement of this agreement; and, this agreement shall be binding upon any successor in interest of the donee and the word "donee" as used herein includes any such successor in interest. Dated Donee BY • (President/Chairman of the Board ' or comparable_ authorized official) Donee mailing address ' • Rev. 3/85 150" OTSE1\1T Aor To: Mayor, Councilmembers From: Tom Steininger, Chief of Police Subject: Honorarium Money Approval Date: December 2, 1990 Introduction The Police Civil Service Commission requested that the Police Department recruit two Metropolitan police administrators to assist them with the police sergeant oral interviews on Saturday, December 8, 1990. Background Two highly qualified police professionals have agreed to participate. Customary practice is a honorarium be given a to these individuals. Recommendation I recommend, in recognition of their voluntary services, a honorarium of $150 be paid to each individual. Council Action Requested Authorize the Finance Director to issue a check in the amount of $150 to each individual, for a total of $300.00 for honorarium for police sergeant interviews.