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TENTATIVE AGENDA

ShakopeeCityCouncil

RegularSession

7:00p.m.

November15,2016

LOCATIONCouncilChambersCityHall129HolmesStreetSouth

Shakopee Mission Statement


The Mission of the City of Shakopee is to provide the opportunity to live, work and play in a community with a proud
past, promising future, and small town atmosphere within a metropolitan setting.

Agendaitemsaretiedtothefollowinglong-termgoalsthatsupporttheCity'sstrategicvisionasnotedaftereachagendaitem:
A.KeepShakopeeasafeandhealthycommunitywhereresidentscanpursueactiveandqualitylifestyles.
B.Positivelymanagethechallengesandopportunitiespresentedbygrowthdevelopmentandchange.
C.MaintaintheCity'sstrongfinancialhealth.
D.Maintainimproveandcreatestrongpartnershipswithotherpublicandprivatesectorentities.
E.Delivereffectiveandefficientpublicservicesbyastaffofwell-trained,caring,andprofessionalemployees.
F.Housekeepingitem.

MayorBillMarspresiding

RollCall

1.

PledgeofAllegiance

2.

ApprovalofAgenda

3.

ConsentBusiness-(Allitemslistedinthissectionareanticipatedtoberoutine.Aftera
discussionbytheMayortherewillbeanopportunityformembersoftheCouncilto
removeanyitemsfromtheconsentagendaforindividualdiscussion.Thoseitems
removedwillbeconsideredfollowingthePublichearingportionoftheagenda.Items
remainingontheConsentAgendawillnotbediscussedandwillbeapprovedinone
motion.)

4.

PublicWorksandEngineering

A.

1.

*OrderaPreliminaryEngineeringReportforthe2017ReconstructionProject
2017-1,Res.No.7784(E)

ParksandRecreation

B.

1.

*AcceptanceofTOROGivingProgramProductDonation,Res.No.7799(D)

2.

*ApprovetheConstructionofBattingCagesbytheShakopeeYouthBaseball
AssociationatWestminsterPark(D)

3.

*Minnesota/WisconsinPlaygroundGrantAcceptance,Res.No.7796-Revised(A)

4.

*AcceptanceofMultipleDonationsof$1000orMorefortheShakopeeFunForAll

4.

*AcceptanceofMultipleDonationsof$1000orMorefortheShakopeeFunForAll
Playground,Res.No.7800(A,B,D)

5.

*AcceptanceofaScoreboardDonationfromShakopeeYouthHockeyAssociation,
Res.No.7801(D)

6.

*AuthorizationtoDisposeofSurplusPropertyfromtheCommunityCenter(F)

GeneralAdministration

C.

1.

*CityBillList(F)

2.

*DeclareAmounts,OrderthePreparationofProposedAssessmentsandSetaPublic
HearingforDelinquentRefuseBills-Res.No.7797(E)

3.

*ClosingoftheD.A.R.E.FinesSpecialRevenueFund(C)

RECOGNITIONOFINVOLVEDCITIZENSBYCITYCOUNCIL-Providesan
opportunityforthepublictoaddresstheCouncilonitemswhicharenotontheagenda.
Commentsshouldnotbemorethanfiveminutesinlength.TheMayormayadjust
thattimelimitbaseduponthenumberofpersonsseekingtocomment.Thiscomment
periodmaynotbeusedtomakepersonalattacks,toairpersonalitygrievances,to
makepoliticalendorsementsorforpoliticalcampaignpurposes.CouncilMembers
willnotenterintoadialoguewithcitizens,andquestionsfromCouncilwillbefor
clarificationonly.Thisperiodwillnotbeusedtoproblemsolveissuesortoreactto
thecommentsmade,butratherforinformationalpurposesonly.

5.

BusinessremovedfromtheConsentAgendawillbediscussedatthistime

6.

RecessforEconomicDevelopmentAuthorityMeeting:

7.

Reconvene

8.

GeneralBusiness:

9.

PlanningandDevelopment

A.

1.

TextAmendmentSetbacksfromStreetsandMinimumLotWidths,Ord.No.950
(A)

2.

AnOrdinanceoftheCityofShakopeeamendingTitleXVoftheCityCodeRelating
toCommonProceduresandCreatingaNewSection151.001(E)thatwillApplyto
ZoningandSubdivisions,Ord.No.951(B,E)

B.

ParksandRecreation

1.

AuthorizationtoContractwithWSB&AssociatesfortheDesign,Specificationsand
ConstructionServicesfortheTahpahWestFieldImprovements(A,B)

GeneralAdministration

C.

1.

SanitarySewerRateIncrease,Ord.No.952(C)

10.

Liaison&AdministratorReports

11.

OtherBusiness

12.

AdjourntoDecember6,2016at7:00p.m.

Consent Business
TO:

Mayor and City Council

FROM:

Ryan Halverson, Senior Engineering Technician

DATE:

11/15/2016

4. A. 1.

SUBJECT: *Order a Preliminary Engineering Report for the 2017 Reconstruction Project
2017-1, Res. No. 7784 (E)
Action Sought
Adopt Resolution 7784, which orders a Preliminary Engineering Report for the 2017 Street
Reconstruction Project; authorize the appropriate City officials to execute Agreements with
WSB & Associates, Inc. to perform engineering services and soil borings.
Background
Staff has completed the review of the proposed 2017-2021 Capital Improvement Program
which includes street reconstruction projects on the streets listed below. Due to the size of the
project, staff is requesting an early start on the project.
Attached is a map showing the proposed study area for the 2017 Street Reconstruction Project.
In the preliminary engineering report, staff will investigate street reconstruction along with
utility replacement.
In order to reconstruct these streets during the summer months of the 2017 construction season,
soil borings, a topographical survey and the preliminary engineering report should be
authorized at this time.
It is staffs intent to prepare the preliminary engineering report in accordance with the current
assessment policy of assessing 30% of the street improvements to the benefiting properties.
This will require 70% of the street improvements to be city funded.
Attached is Resolution No. 7784, which orders a preliminary engineering report to be prepared
for the following streets:

Shakopee Avenue from Marschall Road to 11th Avenue


Dakota Street from 1st Avenue to 2nd Avenue
Also, attached are proposals from WSB & Associates, Inc. to perform surveying services and
to perform soil borings.
Recommendation
1. Offer Resolution No. 7784, A Resolution Ordering a Preliminary Engineering Report for
the 2017 Street Reconstruction Project and move its adoption.
2. Authorize the appropriate City officials to execute agreements with WSB & Associates,

Inc. to perform surveying services and soil borings.


Budget Impact
If the project is approved, it will be funded by the Sanitary Sewer Fund, Storm Sewer Fund,
Shakopee Public Utilities, special assessments and Capital Improvement fund or tax levy.
Relationship to Vision
This supports Goal E: Deliver effective and efficient public services by a staff of well-trained,
caring, and professional employees.
Requested Action
Adopt Resolution 7784, which orders a Preliminary Engineering Report for the 2017 Street
Reconstruction Project; authorize the appropriate City officials to execute Agreements with
WSB & Associates, Inc. to perform engineering services and soil borings.
Attachments
Resolution 7784
Surveying Service Proposal
Soil Boring Proposal

RESOLUTION NO. 7784


A Resolution Ordering the Preparation of a
Report on an Improvement to
the 2017 Street Reconstruction Project
WHEREAS, it is proposed to improve Shakopee Avenue from CSAH 17 to 11th Avenue
and Dakota Street from 1st Avenue to 2nd Avenue by reconstruction of sanitary sewer, watermain,
storm sewer, concrete curb & gutter, aggregate, bituminous paving and all appurtenant work and to
assess the benefitted property for all or a portion of the cost of the improvement, pursuant to
Minnesota Statutes, Chapter 429.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA, that the proposed improvement be referred to Bruce Loney,
Public Works Director, for study and that he is instructed to report to the Council with all
convenient speed advising the Council in a preliminary way as to whether the proposed
improvement is feasible and as to whether it should best be made as proposed or in connection with
some other improvement, and the estimated cost of the improvement as recommended.
Adopted in
Minnesota, held this

session of the City Council of the City of Shakopee,


day of

, 2016.

Mayor of the City of Shakopee

ATTEST:

City Clerk

ENGR/2017-PROJECTS/2017-RECONSTRUCTION/WORD/RES7784-ORDER-REPORT

Infrastructure Engineering Planning Construction

701 Xenia Avenue South


Suite #300
Minneapolis, MN 55416
Tel: 763 541-4800
Fax: 763 541-1700

September 9, 2016

Mr. Ryan Halverson, PE


City of Shakopee
129 S. Holmes Street
Shakopee, MN 55379

Re:

City of Shakopee 2017 Street Reconstruction Project


Estimate of Cost to Provide Topographic Survey Services and Construction Staking
Services

Dear Mr. Halverson:


We propose to provide survey services for this project, as described below, on an hourly costreimbursable basis in accordance with our current fee schedule. The areas for this work are
listed below and as shown on the attached figure from your RFP:

Shakopee Avenue - from Marschall Road to 11th Avenue


Dakota Street from 1st Avenue to 2nd Avenue

Scope and Project Understanding:

WSB will have the same survey crew throughout the project that will do all of the
topographic survey and construction staking. This will ensure that they are familiar with
the project and continuity throughout the construction will be maintained. This aspect
has been our past practice and the City can be assured the same staff will be there each
time.
WSB will complete a topographical survey of the project area.
WSB will submit the points for the various project areas to the City by October 7, 2016.
It is assumed the City staff will plot the topo. PLEASE NOTE: WSB will process the
topo data in cad for no additional cost and the City will receive a cad file with all
the 3D lines. Our new survey template is efficient and will provide a nice finished
product with little to no topo editing for the City.
The horizontal datum shall be on the Scott County coordinate system.
The vertical datum shall be on the NAVD88 sea level datum.
The project area extends 10-feet beyond the right-of-way (we will shoot the houses
corners)
Survey will include all shots necessary to prepare a set of construction plans including
but not limited to the following:
1. Shots at all match in points
K:\Shakopee\2017 Recon Survey RFP\LTR Prop Shak 2017 Survey 9-9-16.doc

Mr. Ryan Halverson, PE


City of Shakopee
September 9, 2016
Page 2 of 3

2. Shots to establish existing vertical and horizontal alignment


3. Property irons to establish existing right-of-way
4. Cross sections every 50 feet, including at a minimum centerline, gutter line, top
of curb, sidewalk, right-of-way line, grade breaks and 10-feet beyond the right-ofway.
5. Manhole reports including pipe sizes, pipe types, inverts block or precast and
condition. We understand there are roughly 40 structures located in the 2017
Reconstruction Project Area that well prepare reports on.
6. Shots on all driveways every 10-feet extending 20-feet beyond the right-of-way.
7. Boring locations (coordinate with WSB / ITCO Allied Engineering)
8. Small utilities (have utilities located through Gopher State One Call and maps of
all small utilities in the area sent to the City).
9. All curb stops (WSB will coordinate the location of all curb stops with Shakopee
Public Utilities).
10. QA/QC review of the topographic survey and manhole reports
Deliverables to the City:
ASCI point file and points in a Cad file in AutoCAD format with all topographic survey
shot information included.
Private Utility Maps collected from Gopher 1 Locates in paper and/or electronic PDF
format.
Topographic Survey Work:
Cost not to exceed fee for the above described areas is given below:
2017 Street Reconstruction: $6,278.00
Construction Staking:
Based on similar project size and scope we have completed for the City of Shakopee we
estimate our fee to complete the construction staking for this project at:
2017 Street Reconstruction: $20,000.00
Construction staking will include sanitary sewer, water main, storm sewer and curb stakes.
As-builts:
The as-built survey we estimate fee is given below:
2017 Street Reconstruction: $2,500.00
The as-built work would include rim and invert elevations on all project structures and
coordinates on service locations. We will provide Cad file on disk in AutoCAD format with all asbuilt survey shot information included.
Our hourly billing rates for a 2-person crew are $164/hour and office survey work at $133/hour
for our in house survey technician.
This letter represents our understanding of the requested services. If you are in agreement,
please sign on the space provided and return one original signed copy to us for our records.
If you have any questions concerning this letter or fee as discussed herein, please feel free to
contact me at 763-287-7175. We greatly appreciate the opportunity to assist you and the City of
Shakopee in the completion of this project.
K:\Shakopee\2017 Recon Survey RFP\LTR Prop Shak 2017 Survey 9-9-16.doc

Mr. Ryan Halverson, PE


City of Shakopee
September 9, 2016
Page 3 of 3

Sincerely,
WSB & Associates, Inc.

Tom Voll, P.E.


Project Manager

I hereby authorize WSB & Associates, Inc. to proceed with the above-referenced Scope of Work
in accordance with the companys current fee schedule.

City of Shakopee Authorized Representative

Date

K:\Shakopee\2017 Recon Survey RFP\LTR Prop Shak 2017 Survey 9-9-16.doc

540 Gateway Boulevard | Suite 100 | Burnsville, MN 55337 | (952) 737-4660

September 9, 2016

Ryan Halverson, PE
City of Shakopee
129 Holmes Street South
Shakopee, MN 55379

Re:

Proposal for:
A Geotechnical Evaluation
2017 Street Improvements
Portions of Dakota Avenue and Shakopee Avenue
Shakopee, Minnesota

Dear Mr. Halverson:


Thank you for the opportunity to provide professional services for a geotechnical evaluation for the above
referenced project. This lump sum fee proposal is in response to an RFP and conversation with you. In
this proposal, we present a description of our understanding of the project, an outline of the scope of work
we are to provide, and a fee schedule and estimate of charges for our services.
st

It is our understanding that this project consists of the reconstruction of Dakota Avenue between 1
nd
th
Avenue East and 2 Avenue East and Shakopee Avenue from Marschall Road to 11 Avenue East in
Shakopee. The existing alignments are two lane bituminous roads.
It is our understanding that the City is planning on constructing new storm sewer, sanitary sewer and
watermain. Those utilities will be placed within 10 feet of existing grades. After backfilling the utility
trenches the roadways will be reconstructed.
WSB & Associates, Inc. (WSB) is a professional consulting and design firm providing surveying,
engineering (civil/site/environmental/geotechnical/transportation), landscape architecture, planning,
environmental, and construction services. The WSB Way is our commitment to each other and our clients
to provide over-the-top customer service, integrity, and technical excellence.

A. Project Objectives
Based upon our experience with similar projects the objectives of our geotechnical services are to
perform subsurface borings, classify and analyze the soil samples, discuss groundwater issues, and
prepare recommendations for utility installation, subgrade preparation and pavement sections.

Building a legacy your legacy.


Equal Opportunity Employer | wsbeng.com
K:\Personal\Darin Hyatt\2016 Proposals\GEO\2017 Street Improvements - Shakopee\2017 Street Improvements - Shakopee.docx

City of Shakopee
September 9, 2016
Page 2
B. Scope of Basic Services
Based on our understanding of the project we proposed the following scope of services:
1. Site Access
Based on a review of on-line aerial photos it appears that the sites can be accessed with our
CME-55 truck mounted auger drill. You indicated that traffic volumes on these segments of road
are light and no special traffic control e.g. flagmen is necessary. We will utilize our drilling
support truck and cones to allow traffic to self-regulate around our crew.
2. Bore Hole Locating and Gopher State One Call
The City will stake the proposed bore hole locations and it is our understanding that the chosen
design consultant will survey the as-drilled boring locations.
Prior to sending a drill rig to the site WSB will contact Gopher State One Call (GSOC) and have
them request public underground utility owners mark and clear our proposed bore hole locations
of their utilities. If there are private underground utilities that are not located by GSOC, you must
notify WSB immediately. WSB will take reasonable precautions to avoid underground facilities.
3. Subsurface Test Borings
As requested, we propose to complete 8 standard penetration test borings to depths of about 15
feet below existing grade. In the standard penetration test borings we will sample and record
blow counts at 2 foot intervals to the boreholes termination depth. It is our understanding that
bedrock may be encountered above the proposed termination depth.
If unsuitable soils (soft soils, organic soils, etc) are encountered at the proposed boring
termination depth(s), it will be necessary to extend the borings into more competent materials.
This will allow us to better evaluate potential construction issues.
An additional charge of $20 per lineal foot will be assessed for borings extended beyond their
proposed termination depths. If the added work requires an additional mobilization to the site it
will be charged at $200 per day.
In Minnesota, a boring that encounters groundwater and is greater than 25 feet deep or
penetrates a confining layer must be sealed per Minnesota Well Code. If grouting/sealing
services are required at this project, they will be completed at a fee of $2.50 per linear foot.
4. Schedule, Bore Hole Samples and Laboratory Testing
Based on our current drilling backlog, we anticipate that we can mobilize our truck mounted auger
drill to the site in 1 to 2 weeks. Laboratory work and report preparation will take about 2 weeks
following completion of the field work. It should be noted that this schedule may change based
on timing of authorization, site conditions and other factors. Should our anticipated schedule
change we will let you know. This estimate is based on work being completed during normal
business hours (7am to 6pm), Monday through Friday. Additional charges will apply to night or
weekend drilling.

K:\Personal\Darin Hyatt\2016 Proposals\GEO\2017 Street Improvements - Shakopee\2017 Street Improvements - Shakopee.docx

City of Shakopee
September 9, 2016
Page 3
Samples retrieved during drilling will be returned to our laboratory where they will be reviewed,
classified using the Unified Soil Classification System (USCS) and logged under the direction of a
geotechnical engineer. Select samples may be set aside for laboratory testing. We may perform
routine laboratory tests on selected soil samples obtained from the exploration. This may include
determinations of natural moisture content and gradations on select sand samples from the
borings.
Such tests will aid in determining soil classification and properties and potential behavior
characteristics to help guide our recommendations.
5. Geotechnical Engineering Report
Information gathered for this project will be used to prepare a geotechnical report. The report will
summarize our findings and provide a discussion of subsurface soil and groundwater conditions
encountered in our borings and how they may affect the proposed construction of utilities and
pavements. The report will also provide an estimated R-value, recommendations for subgrade
preparation, pavement design thicknesses along with estimates of ground water
depths/elevations, site grading, and a discussion of soils for use as structural fill and site fill.
We will provide you and any identified members of your design/project team with a PDF copy of
our geotechnical report. If requested, we will also provide you with an original hard copy.
This geotechnical proposal is presented for engineering services to determine the structural
properties of the soil at the specified site. It does not cover an environmental assessment of the
site, or environmental testing of the soil or groundwater.
6. Fee
Our lump sum fee is provided below.
Services
Field Work
8 standard penetration borings to 15 feet each,
Backfilling and grouting boreholes per MDH requirements,
Gopher State Utility Clearance.
Laboratory/Office Work
Soil classification, boring logs, laboratory testing,
Geotechnical Report preparation.
Lump Sum Cost

Estimated Cost
$1,813

$1,767

$3,580

If additional borings or deeper borings are needed, or if engineering and testing are requested
beyond that necessary for preparation of our report (post-report consultation, report revision due
to changes in building design or location, specification review, or pre-construction meetings), the
increase in our fees will be in accordance with the rates previously indicated or at the unit prices
shown on the enclosed Rate Schedule for hourly services.
If have any questions regarding our scope of services or how they may be modified to meet your
project needs please feel free to give us a call to discuss.

K:\Personal\Darin Hyatt\2016 Proposals\GEO\2017 Street Improvements - Shakopee\2017 Street Improvements - Shakopee.docx

City of Shakopee
September 9, 2016
Page 4
C. Closure
This letter represents our complete understanding of the proposed scope of services. If you are in
agreement with the scope of services, proposed fee and attached General Contract Provisions please
sign in the appropriate space below and return one copy to my attention. If you have any questions about
this proposal, please feel free to call me at 952-737-4662 or email at dhyatt@wsbeng.com. This fee
proposal is valid for ninety (90) days from the creation date noted in the header. WSB may reissue a
revised Proposal upon request if the indicated time period has lapsed. Should the scope of work change
in nature or be expanded to include additional services, we reserve the right to renegotiate the fees with
you. However, once we begin work on this project any counteroffers will not be accepted.
WSB & Associates, Inc. appreciates the opportunity of being considered for this project and we look
forward to providing our professional services to you.
Sincerely,
WSB & Associates, Inc.

Darin E. Hyatt, PE
Senior Geotechnical Engineer

Joe Carlson, EIT


Graduate Geotechnical Engineer

Attachments:

WSB & Associates, Inc. 2016 Rate Schedule


WSB & Associates, Inc. Exhibit A General Contract Provisions 8.01.16

ACCEPTED BY:

Name (print)

_______________________

Signature _______________________________
Company _______________________________
Title
Date

K:\Personal\Darin Hyatt\2016 Proposals\GEO\2017 Street Improvements - Shakopee\2017 Street Improvements - Shakopee.docx

Billing Rate/Hour
Principal

$158

Associate / Senior Project Manager

$137$147$158

Project Manager

$121$127$133

Project Engineer

$104$112$121$127$133

Graduate Engineer

$80$85$92$98

Sr Landscape Architect / Sr Planner / Sr GIS Specialist

$109$118$125$133$138

Landscape Architect / Planner / GIS Specialist

$66$74$81$89$99$104

Engineering Specialist / Senior Environmental Scientist

$90$98$105$112$121$130

Engineering Technician / Environmental Scientist

$52$60$67$74$79$85

Construction Observer

$87$94$99$105$110

Coring Crew
One-Person Crew

$162

Two-Person Crew

$238

Survey Crew
One-Person Crew

$132

Two-Person Crew

$164

Three-Person Crew

$184

Underwater Inspection Dive Team

$460

Office Technician

$42$65$75$85

Costs associated with word processing, cell phones, reproduction of common correspondence and mailing
are included in the above hourly rates. Vehicle mileage is normally included in our billing rates, but can be
charged separately if specifically outlined by contract.
Reimbursable expenses include costs associated with plan, specification and report reproduction, permit fee,
delivery cost, etc.
Rate Schedule is adjusted annually.
Multiple rates illustrate the varying levels of experience within each category.

Engineering

Planning Environmental
wsbeng.com

Construction

2016 RATE SCHEDULE

2016 Rate Schedule

WSB & ASSOCIATES, INC.


EXHIBIT A
GENERAL CONTRACT PROVISIONS
ARTICLE 1 PERFORMANCE OF THE WORK
Consultant shall perform the services under this
Agreement in accordance with the care and skill
ordinarily exercised by members of Consultants
profession practicing under similar circumstances at the
same time and in the same locality. Consultant makes
no warranties, express or implied, under this Agreement
or otherwise, in connection with its services.
ARTICLE 2 ADDITIONAL SERVICES
If the Client requests that the Consultant perform any
services which are beyond the scope as set forth in the
Agreement, or if changed or unforeseen conditions
require the Consultant to perform services outside of the
original scope, then, Consultant shall promptly notify the
Client of cause and nature of the additional services
required. Upon notification, Consultant shall be entitled
to an equitable adjustment in both compensation and
time to perform.
ARTICLE 3 SCHEDULE
Unless specific periods of time or dates for providing
services are specified in a separate Exhibit,
Consultants obligation to render services hereunder will
be for a period which may reasonably be required for
the completion of said services. The Client agrees that
Consultant is not responsible for damages arising
directly or indirectly from any delays for causes beyond
Consultants control. For purposes of this Agreement,
such causes include, but are not limited to, strikes or
other labor disputes; severe weather disruptions, or
other natural disasters or acts of God; fires, riots, war or
other emergencies; any action or failure to act in a
timely manner by any government agency; actions or
failure to act by the Client or the Clients contractor or
consultants; or discovery of any hazardous substance or
differing site conditions. If the delays outside of
Consultants control increase the cost or the time
required by Consultant to perform its services in
accordance with professional skill and care, then
Consultant shall be entitled to a reasonable adjustment
in schedule and compensation.
ARTICLE 4 CONSTRUCTION OBSERVATION
If requested by Client, Consultant shall visit the project
during construction to become familiar with the progress
and quality of the contractors work and to determine if
the work is proceeding, in general, in accordance with
plans, specifications or other contract documents
prepared by Consultant for the Client. The Client has
not retained the Consultant to make detailed inspections
or to provide exhaustive or continuous project review
and observation services.
Consultant neither guarantees the performance of any
Contractor retained by Client nor assumes responsibility
for any Contractors failure to furnish and perform the
work in accordance with the construction documents.
Client acknowledges Consultant will not direct,

Exhibit A General Contract Provisions 08.01.16

supervise or control the work of contractors or their


subcontractors, nor shall Consultant have authority over
or responsibility for the contractors means, methods, or
procedures of construction. Consultants services do not
include review or evaluation of the Clients, contractors
or subcontractors safety measures, or job site safety.
Job Site Safety shall be the sole responsibility of the
contractor who is performing the work.
For Client-observed projects, the Consultant shall be
entitled to rely upon and accept representations of the
Clients observer. If the Client desires more extensive
project observation or full-time project representation,
the Client shall request such services be provided by
the Consultant as an Additional Service. Consultant
and Client shall then enter into a Supplemental
Agreement detailing the terms and conditions of the
requested project observation.
ARTICLE 5 OPINIONS OF PROBABLE COST
Opinions, if any, of probable cost, construction cost,
financial evaluations, feasibility studies, economic
analyses of alternate solutions and utilitarian
considerations of operations and maintenance costs,
collectively referred to as Cost Estimates, provided for
are made or to be made on the basis of the Consultant's
experience and qualifications and represent the
Consultant's best judgment as an experienced and
qualified professional design firm.
The parties
acknowledge, however, that the Consultant does not
have control over the cost of labor, material, equipment
or services furnished by others or over market
conditions or contractor's methods of determining their
prices, and any evaluation of any facility to be
constructed or acquired, or work to be performed must,
of necessity, be viewed as simply preliminary.
Accordingly, the Consultant and Client agree that the
proposals, bids or actual costs may vary from opinions,
evaluations or studies submitted by the Consultant and
that Consultant assumes no responsibility for the
accuracy of opinions of Cost Estimates and Client
expressly waives any claims related to the accuracy of
opinions of Cost Estimates. If Client wishes greater
assurance as to Cost Estimates, Client shall employ an
independent cost estimator as part of its Project
responsibilities.
ARTICLE 6 REUSE AND DISPOSITION OF
INSTRUMENTS OF SERVICE
All documents, including reports, drawings, calculations,
specifications, CADD materials, computers software or
hardware or other work product prepared by Consultant
pursuant to this Agreement are Consultants
Instruments of Service and Consultant retains all
ownership interests in Instruments of Service, including
copyrights. The Instruments of Service are not intended
or represented to be suitable for reuse by the Client or
others on extensions of the Project or on any other
project. Copies of documents that may be relied upon
by Client are limited to the printed copies (also known

Page 1

as hard copies) that are signed or sealed by Consultant.


Files in electronic format furnished to Client are only for
convenience of Client. Any conclusion or information
obtained or derived from such electronic files will be at
the users sole risk. Consultant makes no
representations as to long term compatibility, usability or
readability of electronic files.
If requested, at the time of completion or termination of
the work, the Consultant may make available to the
Client the Instruments of Service upon (i) payment of
amounts due and owing for work performed and
expenses incurred to the date and time of termination,
and (ii) fulfillment of the Clients obligations under this
Agreement. Any use or re-use of such Instruments of
Service by the Client or others without written consent,
verification or adaptation by the Consultant except for
the specific purpose intended will be at the Clients risk
and full legal responsibility and Client expressly
releases all claims against Consultant arising from reuse of the Instruments of Service without Consultants
written consent, verification or adaptation.
The Client will, to the fullest extent permitted by law,
indemnify and hold the Consultant harmless from any
claim, liability or cost (including reasonable attorneys'
fees, and defense costs) arising or allegedly arising out
of any unauthorized reuse or modification of these
Instruments of Service by the Client or any person or
entity that acquires or obtains the reports, plans and
specifications from or through the Client without the
written authorization of the Consultant. Under no
circumstances shall transfer of Instruments of Service
be deemed a sale by Consultant, and Consultant makes
no warranties, either expressed or implied, of
merchantability and fitness for any particular purpose.
Consultant shall be entitled to compensation for any
consent, verification or adaption of the Instruments of
Service for extensions of the Project or any other
project.
ARTICLE 7 PAYMENTS
Payment to Consultant shall be on a lump sum or hourly
basis as set out in the Agreement. Consultant is entitled
to payment of amounts due plus reimbursable
expenses. Client will pay the balance stated on the
invoice unless Client notifies Consultant in writing of any
disputed items within 15 days from the date of invoice.
In the event of any dispute, Client will pay all undisputed
amounts in the ordinary course, and the Parties will
endeavor to resolve all disputed items. All accounts
unpaid after 30 days from the date of original invoice
shall be subject to a service charge of 1-1/2% per
month, or the maximum amount authorized by law,
whichever is less. Consultant reserves the right to retain
instruments of service until all invoices are paid in full.
Consultant will not be liable for any claims of loss, delay,
or damage by Client for reason of withholding services
or instruments of service until all invoices are paid in full.
Consultant shall be entitled to recover all reasonable
costs and disbursements, including reasonable attorney
fees, incurred in connection with collecting amounts
owed by Client. In addition, Consultant may, after giving
seven days written notice to Client, suspend services
under this Agreement until it receives full payment for all

Exhibit A General Contract Provisions 08.01.16

amounts then due for services, expenses and charges.


Payment methods, expenses and rates may be more
fully described in Exhibit C and Exhibit E.
ARTICLE
8

SUBMITTALS
AND
PAY
APPLICATIONS
If the Scope of Work includes the Consultant reviewing
and certifying the amounts due the Contractor, the
Consultants certification for payment shall constitute a
representation to the Client, that to the best of the
Consultants knowledge, information and belief, the
Work has progressed to the point indicated and that the
quality of the Work is in general accordance with the
Documents issued by the Consultant. The issuance of a
Certificate for Payment shall not be a representation
that the Consultant has (1) made exhaustive or
continuous on-site inspections to check the quality or
quantity of the Work, (2) reviewed construction means,
methods, techniques, sequences or procedures, (3)
reviewed copies of requisitions received from
Subcontractors and material suppliers and other data
requested by the Client to substantiate the Contractors
right to payment, or (4) ascertained how or for what
purpose the Contractor has used money previously paid
on account of the Contract Sum. Contractor shall
remain exclusively responsible for its Work.
If the Scope of Work includes Consultants review and
approval of submittals from the Contractor, such review
shall be for the limited purpose of checking for
conformance with the information given and the design
concept. The review of submittals is not intended to
determine the accuracy of all components, the accuracy
of the quantities or dimensions, or the safety
procedures, means or methods to be used in
construction, and those responsibilities remain
exclusively with the Clients contractor.
ARTICLE 9 HAZARDOUS MATERIALS
Notwithstanding the Scope of Services to be provided
pursuant to this Agreement, it is understood and agreed
that Consultant is not a user, handler, generator,
operator, treater, arranger, storer, transporter, or
disposer of hazardous or toxic substances, pollutants or
contaminants as any of the foregoing items are defined
by Federal, State and/or local law, rules or regulations,
now existing or hereafter amended, and which may be
found or identified on any Project which is undertaken
by Consultant.
The Client agrees to indemnify Consultant and its
officers, subconsultant(s), employees and agents from
and against any and all claims, losses, damages,
liability and costs, including but not limited to costs of
defense, arising out of or in any way connected with, the
presence, discharge, release, or escape of hazardous
or toxic substances, pollutants or contaminants of any
kind, except that this clause shall not apply to such
liability as may arise out of Consultants sole negligence
in the performance of services under this Agreement
arising from or relating to hazardous or toxic
substances, pollutants, or contaminants specifically
identified by the Client and included within Consultants
services to be provided under this Agreement.

Page 2

ARTICLE 10 INSURANCE
Consultant has procured general and professional
liability insurance. On request, Consultant will furnish
client with a certificate of insurance detailing the precise
nature and type of insurance, along with applicable
policy limits. Additional Insurance requirements are
listed in Exhibit D.
ARTICLE 11 TERMINATION OR SUSPENSION
If Consultants services are delayed or suspended in
whole or in part by Client, or if Consultants services are
delayed by actions or inactions of others for more than
60 days through no fault of Consultant, Consultant shall
be entitled to either terminate its agreement upon 7
days written notice or, at its option, accept an equitable
adjustment of rates and amounts of compensation
provided for elsewhere in this Agreement to reflect
reasonable costs incurred by Consultant in connection
with, among other things, such delay or suspension and
reactivation and the fact that the time for performance
under this Agreement has been revised.
This Agreement may be terminated by either party upon
seven days written notice should the other party fail
substantially to perform in accordance with its terms
through no fault of the party initiating the termination. In
the event of termination Consultant shall be
compensated for services performed prior to termination
date, including charges for expenses and equipment
costs then due and all termination expenses.
This Agreement may be terminated by either party upon
thirty days written notice without cause. Consultant
shall upon termination only be entitled to payment for
the work performed up to the Date of termination. In the
event of termination, copies of plans, reports,
specifications, electronic drawing/data files (CADD),
field data, notes, and other documents whether written,
printed or recorded on any medium whatsoever, finished
or unfinished, prepared by the Consultant pursuant to
this Agreement and pertaining to the work or to the
Project, (hereinafter "Instruments of Service"), shall be
made available to the Client upon payment of all
amounts due as of the date of termination.
All
provisions of this Agreement allocating responsibility or
liability between the Client and Consultant shall survive
the completion of the services hereunder and/or the
termination of this Agreement.
ARTICLE 12 INDEMNIFICATION
The Consultant agrees to indemnify and hold the Client
harmless from any damage, liability or cost to the extent
caused by the Consultants negligence or willful
misconduct.
The Client agrees to indemnify and hold the Consultant
harmless from any damage, liability or cost to the extent
caused by the Clients negligence or willful misconduct.
ARTICLE 13 WAIVER OF CONSEQUENTIAL
DAMAGES
The Consultant and Client waive claims against each
other for consequential damages arising out of or
relating to this contract. This mutual waiver includes
damages incurred by the Client for rental expenses, for

Exhibit A General Contract Provisions 08.01.16

loss of use, loss of income, lost profit, project delays,


financing, business and reputation and for loss of
management or employee productivity or of the services
of such persons; and (2) Damages incurred by the
Consultant for principal office expenses including the
compensation for personnel stationed there, for losses
of financing, business and reputation and for loss of
profit except anticipated profit arising directly from the
Work. The Consultant and Client further agree to obtain
a similar waiver from each of their contractors,
subcontractors or suppliers.
ARTICLE 14 WAIVER OF CLAIMS FOR PERSONAL
LIABILITY
It is intended by the parties to this Agreement that
Consultants services shall not subject Consultants
employees, officers or directors to any personal legal
exposure for the risks associated with this Agreement.
Therefore, and notwithstanding anything to the contrary
contained herein, the Client agrees that as the Clients
sole and exclusive remedy, any claim, demand or suit
shall be directed and/or asserted only against
Consultant, and not against any of Consultants
individual employees, officers or directors.
ARTICLE 15 ASSIGNMENT
Neither Party to this Agreement shall assign its interest
in this agreement, any proceeds due under the
Agreement nor any claims that may arise from services
or payments due under the Agreement without the
written consent of the other Party. Any assignment in
violation of this provision shall be null and void. Nothing
contained in this Agreement shall create a contractual
relationship with or a cause of action in favor of a third
party against either the Consultant or Client. This
Agreement is for the exclusive benefit of Consultant and
Client and there are no other intended beneficiaries of
this Agreement.
ARTICLE 16 CONFLICT RESOLUTION
In an effort to resolve any conflicts that arise during the
design or construction of the project or following the
completion of the project, the Client and Consultant
agree that all disputes between them arising out of or
relating to this Agreement shall be submitted to
nonbinding mediation as a precondition to any formal
legal proceedings.
ARTICLE 17 CONFIDENTIALITY
The Consultant agrees to keep confidential and not to
disclose to any person or entity, other than the
Consultants employees, subconsultants and the
general contractor and subcontractors, if appropriate,
any data and information furnished to the Consultant
and marked CONFIDENTIAL by the Client. These
provisions shall not apply to information in whatever
form that comes into the public domain, nor shall it
restrict the Consultant from giving notices required by
law or complying with an order to provide information or
data when such order is issued by a court,
administrative agency or other authority with proper
jurisdiction, or if it is reasonably necessary for the
Consultant to complete services under the Agreement
or defend itself from any suit or claim.

Page 3

ARTICLE 18 LIMITATION OF LIABILITY


To the maximum extent permitted by law, the Client
agrees to limit the Consultants liability for any claims by
or through the Client to the sum of Fifty Thousand
Dollars ($50,000). This limitation shall apply regardless
of the cause of action or legal theory pled or asserted.
In addition, Client and Consultant each agree that neither
will be responsible for any incidental, indirect, or
consequential damages (including loss of use or loss of
profits) sustained by the other, its successors or assigns.
This mutual waiver shall apply even if the damages were
foreseeable and regardless of the theory of recovery
plead or asserted.
ARTICLE 19 CONTROLLING LAW
This Agreement is to be governed by the laws of the
State of Minnesota. Any controversy or claim arising
out of or relating to this Agreement, or the breach
thereof, including but not limited to claims for negligence
or breach of warranty, that is not settled by nonbinding

Exhibit A General Contract Provisions 08.01.16

mediation shall be settled by the law of the state of


Minnesota.
ARTICLE 20 LOCATION OF UNDERGROUND
IMPROVEMENTS
Where requested by Client, Consultant will perform
customary research to assist Client in locating and
identifying subterranean structures or utilities. However,
Consultant may reasonably rely on information from the
Client and information provided by local utilities related to
structures or utilities and will not be liable for damages
incurred where Consultant has complied with the
standard of care and acted in reliance on that information.
The Client agrees to waive all claims and causes of
action against the Consultant for claims by Client or its
contractors relating to the identification, removal,
relocation, or restoration of utilities, or damages to
underground improvements resulting from subsurface
penetration locations established by the Consultant.

Page 4

Consent Business

TO:

Mayor and City Council

FROM:

Sherry Dvorak, Recreation Supervisor

DATE:

11/15/2016

4. B. 1.

SUBJECT: *Acceptance of TORO Giving Program Product Donation, Res. No. 7799 (D)
Action Sought
The City Council is asked to adopt Resolution No. 7799, A Resolution of the City of
Shakopee, Minnesota, Accepting a TORO Centennial Giving Program Product Donation
(TORO Sand Pro 2040Z and Nail Drag) from The TORO Company.
Background
In March of 2016 the City Parks and Recreation staff applied for a product donation of a Sand
Pro 2040Z, Nail Drag and a Drag Mat Finishing Kit for Schleper Stadium through the TORO
Centennial Product Donation Program. This donation of the Sand Pro 2040Z would replace the need for
the JD 5085 with back-drag to condition the field. This would also allow adult teams to drag in between games
when needed. The request of the Sand Pro 2040Z is also a great addition to the Park's

Department's fleet and will be utilized on other ball fields as desired.


TORO notified the City in June of 2016 that our application was approved, but that TORO may
not be able to donate to the full extent of our request and the extent of the donation would be
announced with product availability at a later date. In late October, TORO had the product
available and proceeded with delivery of a Sand Pro 2040Z and Nail Drag. It is valued
at $13,635.
Relationship to Vision
D Maintain, improve, and create strong partnerships with other public and private sector
entities.

Requested Action
If the City Council concurs, it should, by motion adopt Resolution No. 7799, A Resolution of
the City of Shakopee, Minnesota, Accepting a TORO Centennial Giving Program Product
Donation (TORO Reel Master) from The TORO Company.
Attachments
Resolution No 7799

RESOLUTION NO. 7799


A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA
ACCEPTING A TORO CENTENNIAL GIVING PROGRAM PRODUCT
DONATION OF A SAND PRO 2040Z AND NAIL DRAG FROM
THE TORO COMPANY
WHEREAS, on November 6, 2002, the City Council adopted Resolution
No. 5794, which established procedure relating to the receipt of gifts and
donations by the City; and
WHEREAS, Resolution No 5794 specifies that donations of real property
shall be accepted by resolution of the City Council, and shall require a two-thirds
majority of the Council for acceptance; and
WHEREAS, the TORO COMPANY has generously donated a Sand Pro
2040Z and Nail Drag by way of their Centennial Product Donation Program to
support the City of Shakopees Park and Recreation Department and Public
Works Department; and
WHEREAS, such a donation will help improve maintenance of Schleper
Stadium and City ball fields and enhance the overall opportunities and quality of
life in Shakopee.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SHAKOPEE, MINNESOTA, that the donation of product from THE
TORO COMPANY is gratefully accepted; and
FURTHER, the product shall be used in the City of Shakopees Parks and
Recreation Department and Public Works Department, which is consistent with
the wishes of the donor.
FURTHER, the City staff is directed to send a letter to the donor,
acknowledging receipt of the gift and expressing the appreciation of the City
Council.
Adopted in regular session of the City Council of the City of Shakopee,
Minnesota held this 15th day of November, 2016.
______________________________
William Mars
Mayor of the City of Shakopee
ATTEST:
___________________________________
City Clerk

Consent Business

TO:

Mayor and City Council

FROM:

Sherry Dvorak, Recreation Supervisor

DATE:

11/15/2016

4. B. 2.

SUBJECT: *Approve the Construction of Batting Cages by the Shakopee Youth Baseball
Association at Westminster Park (D)
Action Sought
The City Council is asked to consider a request from the Shakopee Youth Baseball
Association for the construction of batting cages at Westminster Park.
Background and Discussion
The Shakopee Youth Baseball Association would like to install two single batting cages to the
ball fields at Westminster Park located 801 Valley View Road East. The association
has submitted a proposal to the City to fully fund and contract the construction and installation
of the batting cages at Westminster Park.
This project will be similar to the previous batting cages that SYBA constructed at Green
Meadows and Riverview Park. The association plans to complete the work yet this year or
early next spring (dependent on weather). Bill Egan will coordinate the project with SYBA.
The City will accept the batting cages as a donation from the Youth Baseball Association
following the completion of the construction. The batting cages will then be placed on the
City's Park Asset Plan however the Shakopee Youth Baseball has agreed to maintain
the batting cages if and when needed.
The City of Shakopee appreciates the generosity and partnership of the Shakopee Youth
Baseball Association, which helps support the Citys parks and recreation services
and given time and resources over the years to help make the Shakopee facilities wonderful
facilities for the youth.
Relationship to Vision
D. Maintain, improve and create strong partnerships with other public and private sector
entities.
Requested Action
The City Council, if concur, approve the construction of batting cages at Westminster Park.
Should the City Council concur, the completed project would be accepted formally as a
donation at a future meeting.

Consent Business

TO:

Mayor and City Council

FROM:

Jamie Polley, Parks & Recreation Director

DATE:

11/15/2016

4. B. 3.

SUBJECT: *Minnesota/Wisconsin Playground Grant Acceptance, Res. No. 7796 - Revised


(A)
Action Sought
Adoption of Resolution No. 7796, accepting a playground grant through Minnesota/Wisconsin Playground.

Introduction
This item requests the city council adopt a resolution accepting a grant submitted to Minnesota/Wisconsin
Playground for playground equipment.

Background
The City Council has approved a replacement schedule for the older playgrounds throughout the city through the
Park Asset Fund. The Minnesota/Wisconsin Playground company offers a grant that will match up to dollar for
dollar, the value of a playground purchased of $75,000 or greater. For example, if a $75,000 playground is
purchased the city would pay $37,500. The city had the opportunity to apply for this grant to maximize the
amount of playground equipment received for the amount allocated. The playground recently installed at Stans
Park was purchased from Minnesota/Wisconsin Playground.

Discussion
In 2017 $50,000 is set aside for Emerald Lane Playground. $50,000 does not make the full dollar for dollar
match because it is less then $75,000 however in 2018 $75,000 is planned for Hiawatha Park's playground. The
grant allows for multiple playgrounds to be purchased at one time. Staff has submitted the grant application for
both Emerald Lane Playground and Hiawatha Playground.

Budget
The grant submittal was approved and the total cost of the playground structures is $152,618.00. The grant
awarded to the city was for a 100% match. The city's cost for the playground structures will be $76,309.00. The
City Council is asked to allow staff to reallocate the $50,000 from 2017 and the $75,000 from 2018 to 2016 to
cover the costs of the playground equipment and to order the equipment yet this year for installation in 2017.
Staff is also requesting the allocation of an additional $44,000.00 in 2017 to remove the existing playgrounds,
install the new playgrounds and install new safety surfacing.
Moving the allocations to 2016 and applying for the playground grant has allowed the city to maximize the size
of playground the City can receive for the amount allocated.

Timeline
The grant application for the two playgrounds has been awarded. If the awarded grant is
accepted by the City Council, the playgrounds will be ordered yet this year and installed in the
spring of 2017
Relationship to Vision
A. Keep Shakopee a safe and healthy community where residents can pursue active and quality

A. Keep Shakopee a safe and healthy community where residents can pursue active and quality
lifestyles.
Requested Action
Adopt Resolution No. 7796 accepting a playground grant from Minnesota/Wisconsin
Playground for the replacement of Emerald Lane and Hiawatha Playgrounds.
Attachments
Resolution No 7796

RESOLUTION NO. 7796


Revised
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA
ACCEPTING A PLAYGROUND GRANT FROM MINNESOTA/WISCONSIN
PLAYGROUND
WHEREAS, on November 6, 2002, the City Council adopted Resolution
No. 5794, which established procedure relating to the receipt of gifts and
donations by the City; and
WHEREAS, Resolution No 5794 specifies that donations or gifts shall be
accepted by resolution of the City Council, and shall require a two-thirds majority
of the Council for acceptance; and
WHEREAS, Minnesota/Wisconsin Playground has awarded the city a
matching grant of $76,309.00 for the purchase of playground equipment; and
WHEREAS, such grant will be used to replace the playgrounds at Emerald
Lane and Hiawatha Parks; and
WHEREAS, such grant allows the city to replace the playgrounds at a
reduced cost, allowing funding to be allocated to other improvements in the
future.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SHAKOPEE, MINNESOTA, that the award of the playground grant
from Minnesota/Wisconsin Playground be gratefully accepted; and
FURTHER, the City staff is directed to accept the grant and express the
appreciation of the City Council.
Adopted in regular session of the City Council of the City of Shakopee,
Minnesota this 15th day of November, 2016.
______________________________
William Mars
Mayor of the City of Shakopee
ATTEST:
___________________________________
City Clerk

Consent Business
TO:

Mayor and City Council

FROM:

Jamie Polley, Parks & Recreation Director

DATE:

11/15/2016

4. B. 4.

SUBJECT: *Acceptance of Multiple Donations of $1000 or More for the Shakopee Fun For
All Playground, Res. No. 7800 (A,B,D)
Action Sought
To accept multiple donations of $1,000.00 or more for the Shakopee Fun For All Playground.
Background
On March 2, 2016 the City Council approved the concept of an inclusive playground at Lions Park and
authorized the fundraising efforts of the Fun For All Task Force for the park equipment. Task force members
have been meeting with individuals, local business owners, corporations and various organizations.
Many generous donators have come forward in many ways. Some of the donators have donated $1,000.00 or
more to the project. Per the city requirements for donations, any monetary donation of $1,000 or more needs to
be accepted by two-thirds vote of the City Council. Two significant donations of $5,000 have been received
from local organizations who are wonderful supporters of the community. The donators include O'Brien Dental
and Allina Health.
One $1,000 donation has been received from another non-profit organization called Ethan's Reason, an
organization with a mission to advance research, education, and public awareness of Batten Disease and Rare
Disease and to support individuals and families who have been affected by Batten Disease and Rare Disease.
The donation is in honor of one of Shakopee's youth, Mackenzie Sorah.

Recommendation
To accept the generous donations in support of the Shakopee Fun For All Playground.

Budget Impact
The donation helps to meet the funding goal of $400,000 to construct the inclusive playground.
Relationship to Vision
A. Keep Shakopee a safe and healthy community where residents can pursue active and
quality lifestyles.
B. Positively manage the challenges and opportunities presented by growth development and
change.
D. Maintain improve and create strong partnerships with other public and private sector
entities.

entities.
Requested Action
If the City Council concurs, it should, by motion adopt Resolution No. 7800, a resolution of the
City of Shakopee, Minnesota, accepting multiple donations of $1,000.00 or more for the
Shakopee Fun For All Playground, and move its adoption.
Attachments
Resolution No 7800

RESOLUTION NO. 7800


A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA
ACCEPTING MULTIPLE DONATIONS OF $1,000.00 OR MORE FOR THE
SHAKOPEE FUN FOR ALL PLAYGROUND.
WHEREAS, on November 6, 2002, the City Council adopted Resolution
No. 5794, which established procedure relating to the receipt of gifts and
donations by the City; and
WHEREAS, Resolution No. 5794 specifies that donations or gifts shall be
accepted by resolution of the City Council, and shall require a two-thirds majority
of the Council for acceptance; and
WHEREAS, avid supporters of the City of Shakopee have generously
donated $1,000 or more to the Shakopee Fun For All Inclusive Playground; and
WHEREAS, the donators include OBrien Dental, Allina Health and a
special donation from Ethans Reason in honor of Mackenzie Sorah; and
WHEREAS, donations will assist in funding a unique playground that will
provide a positive playing experience for all community members, young to old
and of all abilities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SHAKOPEE, MINNESOTA, that the donations are gratefully
accepted; and
FURTHER, the City staff is directed to send a letter to the donors,
acknowledging receipt of the gifts and expressing the appreciation of the City
Council.
Adopted in regular session of the City Council of the City of Shakopee,
Minnesota held this 15th day of November, 2016.
______________________________
William Mars
Mayor of the City of Shakopee
ATTEST:
___________________________________
City Clerk

Consent Business

TO:

Mayor and City Council

FROM:

Jamie Polley, Parks & Recreation Director

DATE:

11/15/2016

4. B. 5.

SUBJECT: *Acceptance of a Scoreboard Donation from Shakopee Youth Hockey


Association, Res. No. 7801 (D)
Action Sought
City Council is asked to adopt Resolution No. 7801, A Resolution of the City of Shakopee,
Minnesota, Accepting a Donation of $45,000.00 for the new Shakopee Ice Arena from the
Shakopee Youth Hockey Association.
Background and Discussion
The City has received a donation from the Shakopee Youth Hockey Association (SYHA) in
the amount of $45,000.00. The donation will be used to purchase four AIMS Scoreboards to be
installed in the new Shakopee Ice Arena. Two scoreboards will be installed in each rink.
The City of Shakopee appreciates the generosity of the Shakopee Youth Hockey Association,
which helps support the Citys parks and recreation services.
The Citys donation policy requires a 2/3 vote to accept cash donations over $1,000 and
donations of real property. The value of the four scoreboards is $45,000.00.
Relationship to Vision
D Maintain improve and create strong partnerships with other public and private sector entities.
Requested Action
City Council is asked to adopt Resolution No. 7801, A Resolution of the City of Shakopee,
Minnesota, Accepting a Donation of $45,000.00 from the Shakopee Youth Hockey Association.

Attachments
Resolution No 7801

RESOLUTION NO. 7801


A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA
ACCEPTING A DONATION OF $45,000 FOR THE NEW SHAKOPEE ICE
ARENA FROM THE SHAKOPEE YOUTH HOCKEY ASSOCIATION
WHEREAS, on November 6, 2002, the City Council adopted Resolution
No. 5794, which established procedure relating to the receipt of gifts and
donations by the City; and
WHEREAS, Resolution No. 5794 specifies that donations or gifts shall be
accepted by resolution of the City Council, and shall require a two-thirds majority
of the Council for acceptance; and
WHEREAS, THE SHAKOPEE YOUTH HOCKEY ASSOCIATION has
generously donated $45,000.00 to the new Shakopee Ice Arena to be utilized to
purchase four scoreboards; and
WHEREAS, such donations will help improve the recreation facilities and
enhance the overall quality of life in Shakopee.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SHAKOPEE, MINNESOTA, that the donation is gratefully
accepted; and
FURTHER, the City staff is directed to send a letter to the donor,
acknowledging receipt of the gift and expressing the appreciation of the City
Council.
Adopted in regular session of the City Council of the City of Shakopee,
Minnesota held this 15th day of November, 2016.
______________________________
William Mars
Mayor of the City of Shakopee
ATTEST:
___________________________________
City Clerk

Consent Business

TO:

Mayor and City Council

FROM:

Jamie Polley, Parks & Recreation Director

DATE:

11/15/2016

4. B. 6.

SUBJECT: *Authorization to Dispose of Surplus Property from the Community Center (F)
Action Sought
To authorize the disposal of audio visual equipment, lighting and office furniture from the Community Center.

Background
With the renovations of the Community Center, audio visual equipment and lighting was removed from the teen
center that will no longer be utilized.
In addition, there are office desks, cabinets and partitions that can no longer be used at the Community Center
and are not needed in any other city facility.

Budget Impact
This item has no budgetary impact. Proceeds from the sale of the audio visual equipment, lighting and office
furniture will be placed back in the Community Center general fund revenues.

Relationship to Vision
This is a housekeeping item. (F)

Requested Action
The Council is asked to declare the listed audio visual equipment, lighting and office furniture as surplus
property and authorize the appropriate staff to sell or dispose of these items as warranted.

Attachments
List of Surplus Equipment

List for Surplus Office Furniture, Audio Visual Equipment and


Lighting:
November 15, 2016

5 6 x 2 desks
1 6 upper cabinet
1 5 upper cabinet
1 3 upper cabinet
5 42 partitions and hardware
3 36 partitions and hardware
3 30 partitions and hardware
-hard side audio rack
-floor audio rack w/power conditioner
-misc 8ohm amps
- Pr. JBL JRX 100 speakers
-Misc par can lighting
-Misc effects lighting
-Misc cables and accessories
-Rolling wood audio rack
-CD mixer and components
-pr. Celeston CR 153 speakers
-pr Peavey SP5XL
-pr Yamaha Subwoofers cabs
-floor audio rack
-RSS snake system
-Mackie CFX16 mixer
-Soundcraft LX7II mixer

Consent Business

TO:

Mayor and City Council

FROM:

Darin Nelson, Finance Director

DATE:

11/15/2016

SUBJECT:

*City Bill List (F)

4. C. 1.

Action Sought
Attached is the most recent monthly Financial Report for the General fund. These reports
reflect the expenditures as recorded for 2016 activity. The following transactions are notable
for this reporting cycle:
CPMI has requested draw #8 for contractors working on the new City Hall totaling
$241,068.30.
I Space has delivered and installed the furniture for the Senior Lounge and Community
Room at the Community Center. $49,544.08.
Landscape Structures Inc has requested payment for the Lions Park Inclusive playground
equipment $ 364,015.00.
Included in the check list are various refunds, returns, and pass through.
Action Requested
Move to approve the bills and electronic funds transfers in the amount $1,696,238.48 payroll
transfers in the amount of $476,673.18 for a total of $2,172,911.66.

Attachments
Bill List
Monthly Financial Report
Check Register
Check Summary

FundstransferredelectronicallyNovember2,2016toNovember15,2016
PAYROLL
FIT/FICA
STATEINCOMETAX
PERA
HEALTHCARESAVINGS
HEALTHSAVINGSACCT
NATIONWIDEDEFCOMP
ICMADEFERREDCOMP
MSRS
FSA
MNWAGELEVY
Total

258,466.45

$ 83,128.68
$ 17,370.35
$ 81,705.36
$ 11,481.99
$5,130.78

$ 11,469.86
$ 1,954.02
$ 2,865.15
$ 2,555.07
$ 545.47
$ 476,673.18

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Consent Business
TO:

Mayor and City Council

FROM:

Darin Nelson, Finance Director

DATE:

11/15/2016

4. C. 2.

SUBJECT: *Declare Amounts, Order the Preparation of Proposed Assessments and Set a
Public Hearing for Delinquent Refuse Bills - Res. No. 7797 (E)
Action Sought
1. Adopt Resolution No. 7797, A Resolution Declaring the Amount to be Assessed, Ordering
the Preparation of Proposed Assessments, and Setting the Public Hearing Date for Delinquent
Refuse Bills. 2. Directs a $25 administrative fee be added to each delinquent assessment for
city costs if not paid in full by the public hearing date and 3. Directs a $25 administrative fee
be added to each delinquent assessment for Republic Services/Allied Waste Services costs if
not paid in full by the public hearing date.
Background
On September 20, the City Council approved Resolution No.7769 which declares amounts to
be assessed, ordering the preparation of proposed assessments, and setting the public hearing
date for delinquent refuse bills on October 18.
Republic Services provided staff with delinquent customer addresses as well as the property
owner addresses which were located through Scott County's Property and Tax Services
website. After council approved Res. No.7769, staff sent out a Notice of Public Hearing on
Delinquent Garbage/Refuse Bill from Republic Services to property owners. Republic
Services did not provide property addresses for a few customers because they were unable to
locate a PID for the customer address. This is because multi unit rental property addresses are
identified as as having one PID. City Staff did their best to try and locate the PID numbers and
addresses based on the information provided by Republic Services.
On October 18, the council held a public hearing and subsequently approved Resolution No.
7781 declaring the delinquencies to be levied that hadn't been

paid by October 18. The following day staff sent out a Notice of Assessment to
addresses/PID's that continued to have delinquent refuse bills.
It was brought to staffs attention that two of the notices were sent to the wrong PID addresses.
In doing more research through Scott County it was determined that the two addresses given to
staff were rental units that Scott County does not identify as being associated with a PID.
Since the addresses were not identified with the correct PID at the September 20 meeting and
notices went to the wrong addresses, Council is being asked to approve and set a public hearing
on December 6 specifically for the two addresses. This gives the two property owners time to
pay the delinquency or attend the public hearing since they were not notified of the public
hearing on October 18.
Recommendation
Approve Resolution No. 7797 and set a public hearing for delinquent refuse bills.
Budget Impact
The $25.00 delinquent charge would be revenue to cover the administrative cost; therefore,
there is not impact on the budget.
Relationship to Vision
This supports Goal E: Deliver effective and efficient public services by a staff of well trained
caring and professional employees.
Requested Action
Move to 1. Adopt Resolution No. 7797, A Resolution Declaring the Amount to be Assessed,
Ordering the Preparation of Proposed Assessments, and Setting the Public Hearing Date for
Delinquent Refuse Bills. 2. Directs a $25 administrative fee be added to each delinquent
assessment for city costs if not paid in full by the public hearing date and 3. Directs a $25
administrative fee be added to each delinquent assessment for Republic Services/Allied Waste
Services costs if not paid in full by the public hearing date.
Attachments
Resolution No. 7797

RESOLUTION NO. 7797


A RESOLUTION OF THE CITY OF SHAKOPEE, MINNNESOTA DECLARING THE
AMOUNT TO BE ASSESSED, ORDERING THE PREPARATION OF PROPOSED
ASSESSMENTS, AND SETTING THE PUBLIC HEARING DATE FOR DELINQUENT
GARBAGE/REFUSE BILLS
______________________________________________________________________________

WHEREAS, the City of Shakopee contracted with Republic Services/Allied Waste


Services to provide garbage and recycling services to the residents of the City of Shakopee; and
WHEREAS, Republic Services/Allied Waste Services billed their customers for this
service; and
WHEREAS, some customers are delinquent in paying the amount owed for the service
provided by Republic Services/Allied Waste Services; and
WHEREAS, the contract with City of Shakopee has with Republic Services/Allied
Waste Services does not allow Republic Services/Allied Waste Services to halt services due to
non-payment; and
WHEREAS, Minnesota Statute Section 443.015 and Section 51.07 of the City Code
authorizes the City to collect payment from delinquent refuse and recycling accounts by way of
Special Assessments to the properties that are delinquent.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA:
1. The total amount to be certified for all delinquent accounts is $510.58.
2. City staff shall calculate the proper amount to be certified for each delinquent account
within the City of Shakopee, as provided by law, and keep a copy of such proposed
assessment in City Hall for public inspection.
BE IT FURTHER RESOLVED:
1. That a hearing shall be held on the 6 day of December 2016, in the Council Chambers
of City Hall at 7:00 P.M. or thereafter, to pass upon such proposed assessments and at such time
and place, all person owning property affected by such delinquent accounts and proposed
assessments will be given an opportunity to be heard with reference to such assessment.
2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published once in the official newspaper of the City of Shakopee at least two

weeks prior to the hearing and shall state in the notice the total amount to be certfieied as
delinquent. A mailed notice of assessment roll not less than two weeks prior to the hearing.
Adopted in the ______________________ session of the City Council of the City of
Shakopee, Minnesota held this _______ day of __________________________, 2016.

_________________________________
Mayor of the City of Shakopee
ATTEST:

_____________________________________
City Clerk

Consent Business

TO:

Mayor and City Council

FROM:

Darin Nelson, Finance Director

DATE:

11/15/2016

SUBJECT:

*Closing of the D.A.R.E. Fines Special Revenue Fund (C)

4. C. 3.

Action Sought
Approve Resolution No. 7798 closing the D.A.R.E. Fines Special Revenue Fund (Fund #
2130) with a transfer from the General Fund
Background
As part of the prosecution agreement entered into in 2015 with Scott County, all court fines
including D.A.R.E. fines received by the State of Minnesota are turned over to the county. In
2009, GASB issued statement No. 54 which required special revenue funds to have specific
revenue sources. Since D.A.R.E. fines are no longer retained by the city, this fund needs to be
closed as the sole funding source is no longer available. The D.A.R.E. fines fund has a
negative cash balance of $3,754.50. Funds need to be transferred from the General Fund to
cover the deficit and close the fund.
Requested Action
Move to approve Resolution No. 7798, a Resolution Closing the D.A.R.E. Fines Special
Revenue Fund.
Attachments
Resolution No. 7798

RESOLUTION NO. 7798

A RESOLUTION CLOSING THE DARE FINES SPECIAL REVENUE FUND


BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, COUNTY OF
SCOTT, MINNESOTA, that the following special revenue fund is closed due to inactivity:
Dare Fines Special Revenue (Fund # 2130)
BE IT FURTHER RESOLVED that General Fund is to transfer $3,754.50 to the Dare Fines fund
to zero out the deficit balance and close the fund.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota held this 15th
day of November 2016.

Mayor of the City of Shakopee

ATTEST:

City Clerk

General Business

TO:

Mayor and City Council

FROM:

Mark Noble, Senior Planner

DATE:

11/15/2016

9. A. 1.

SUBJECT: Text Amendment Setbacks from Streets and Minimum Lot Widths, Ord. No.
950 (A)
Action Sought
Approve Ordinance No. 950 regarding a text amendment for setbacks from streets and
minimum lot widths.
Discussion
Presently, City Code Section 151.007 (A) (3) states the following:
Setbacks from streets. On corner lots or other lots abutting 2 or more streets, the required front
yard setback shall be provided for each side abutting a street. The front yard shall be the side
with the shortest street frontage. In the Rural Residential (RR), Low-Density Residential
(R-1A), Urban Residential (R-1B), and Medium-Density Residential (R-2) Zones, the required
setback shall be reduced by 10 feet in any yard abutting a street other than the front. This
provision shall only apply to lots receiving preliminary plat approval prior to March 26, 2009.
Additionally, City Code Section 151.034 (E) (3) (b) states the following:
(3) Lot specifications. (b) Single-family detached corner lot (for lots receiving preliminary
plat approval after March 26, 2009): 90 feet;
Prior to March 26, 2009, all lots referenced in this section were able to reduce their street side
setback by 10 feet, and R-1B zoned corner lots could have 60 foot lot widths. In March, 2009,
City Engineering requested a revision to the City regulations regarding sight triangles. This
request included increasing the min. sight triangle from 30 feet to 50 feet (measured at the curb
lines). At that time, Planning staff also increased the lot widths for corner lots in the R-1B
zone from 60 feet to 90 feet, and required a street side setback equal to the front yard setback in
the RR, R-1A, R-1B, and R-2 Zones, where previously they were allowed a 10 foot reduction.
In recent discussions with developers, there were requests to return to the previous regulations.
In researching this request, particularly with the recent Prairie Meadows plat located off
Jennifer Lane, it was discovered that street side setbacks would be different than the Valley
Creek Crossing 2 nd Addition plat located just north of this development, which created some
difficulties to the Prairie Meadows developer. While reviewing projects in the Valley Creek
Crossing 2nd Addition, staff determined that site visibility at corners was not impacted by the
lot widths or reduced setbacks, as the code requirements in both situations do not create
encroachments into the visibility triangle area.

Staff reviewed the code sections referenced above and determined that striking the last
sentence in the current code language for setbacks from streets would not pose a problem; nor
would reverting lot widths in the R-1 B Zone back to the original 60 feet. Lot widths in other
residential zones were not affected by the 2009 text amendment (R-1C allows 50 foot lot
widths and R-2 allows 60 foot lot widths, with no distinction between corner or interior lots)
and the street setback revision would pertain to the Rural Residential (RR) Zone, the Low
Density Residential (R-1A) Zone and the Medium Density Residential (R-2) Zones. The Old
Shakopee (R-1C) Zone would not be impacted by either change that zone already has
reduced front yard, lot width and street side setback requirements.
Planning Commission Recommendation
The Planning Commission reviewed this item at their November 3, 2016 meeting, and by a 6-0
vote, they recommended approval consistent with the language in the draft Ordinance.
Action Requested
The City Council shall offer Ordinance No. 950, an Ordinance approving the text amendment
regarding setbacks from streets and minimum lot widths.as proposed, and move its adoption.
Attachments
Ordinance No. 950
Setback Example #1
Setback Example #2
Aerial Imagery

ORDINANCE NO. 950


AN ORDINANCE OF THE CITY OF SHAKOPEE AMENDING
SECTION 151.007 (A) (3) OF THE CITY CODE RELATING TO SETBACKS FROM
STREETS & SECTION 151.034 (E) (3) (b) REGARDING CORNER LOT WIDTHS.
______________________________________________________________________________
WHEREAS, The City of Shakopee has proposed an amendment to Section 151.007 (A)
(3) relating to setbacks from streets & Section 151.034 (E) (3) (b) regarding corner lot widths;
and
WHEREAS, notices were duly sent and posted, and a public hearing was held before the
Planning Commission on November 3, 2016 at which time all persons present were given an
opportunity to be heard; and
WHEREAS, the Planning Commission recommended that the City Code section listed
be amended to reinstate the previous street side setback requirements by reducing the setback by
10 feet in any yard abutting a street other than the front; and allow R-1B Single-family detached
corner lots to have a minimum 60 foot lot width.
WHEREAS, the City Council heard the matter at its meeting on November 15, 2016;
and
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
Section 1. Section 151.007 (A) (3) relating to setbacks from streets be amended to read as
follows:
Setbacks from streets. On corner lots or other lots abutting 2 or more
streets, the required front yard setback shall be provided for each side
abutting a street. The front yard shall be the side with the shortest street
frontage. In the Rural Residential (RR), Low-Density Residential (R-1A),
Urban Residential (R-1B), and Medium-Density Residential (R-2) Zones,
the required setback shall be reduced by 10 feet in any yard abutting a
street other than the front.
Section 2. Section 151.034 (E) (3) (b) regarding corner lot setbacks be amended to read as
follows:

Minimum lot width for single family detached corner lots: 60 feet:
Section 2. The City Council adopts the following findings of fact relating to the request to
modify the language in the Citys zoning ordinance regarding setbacks from streets.
Criteria #1
Finding #1

That the original zoning ordinance is in error;


The original ordinance is in error, as it has created hardships for residential
subdivision developers.

Criteria #2
Finding #2

That significant changes in community goals and policies have taken place;
There have not been significant changes in community goals and policies;
however, greater flexibility in creating practical lots of records in residential
subdivisions is in the best interest of the community.

Criteria #3
Finding #3

That significant changes in City-wide or neighborhood development patterns


have occurred;
There has been evidence presented that city-wide or neighborhood development
patterns have changed, as there is interest in creating residential subdivisions
consistent with previously approved developments.

Criteria #4
Finding #4

That the Comprehensive Plan requires a different provision;


The Comprehensive Plan does not require a different provision.

Section 5. Effective Date.


passage and publication.

This ordinance shall be in effect from and after the date of its

Adopted in ___________ session of the City Council of the City of Shakopee, Minnesota held
this ______ day of ____________, 2016.

_____________________________
William Mars, Mayor
ATTEST:
__________________________
Lori Hensen, City Clerk

Published in the Shakopee Valley News on the _____ day of _____________, 2016.

General Business

TO:

Mayor and City Council

FROM:

Michael Kerski, Director of Planning and Development

DATE:

11/15/2016

9. A. 2.

SUBJECT: An Ordinance of the City of Shakopee amending Title XV of the City Code
Relating to Common Procedures and Creating a New Section 151.001 (E) that
will Apply to Zoning and Subdivisions, Ord. No. 951 (B,E)

Action Sought
Approve Ordinance No. 951 regarding common procedure and creating a new Section 151.001
(E) that will apply to Zoning and Subdivisions.
Discussion
Currently, there are no common procedures listed in the Land Development Code section of the
city's code, Title XV. Rules would apply to both subdivisions and some zoning issues,
specifically the following:
Map amendment (rezoning);
Preliminary Plat
Conditional Use Permit (CUP)
Comp Plan Amendments
PUD
Zoning Text Amendments
Variances
This new section will be added to 151.001, Section E. and will add a common procedures
section pertaining to public notice, neighborhood meetings, posting of signs and other general
rules and procedures. Currently the code does not require neighborhood meetings, property
notification signs and only requires public notice to those properties within 350 feet of a
subject property.
Currently some applicants have held neighborhood meetings prior to Public Hearings and have
been able to address some neighborhood concerns, while the majority of applicants do not
meet or communicate with neighbors, This can lead to lengthy discussions at the hearings and
sometimes applications are tabled for additional work.
The proposed additions will require a property to be posted so that residents in an impacted
area are aware that a case is pending and will know from the sign(s) (supplied to the applicant
by the city) what the public hearing is about, along with the Planning Division number to call
for questions. The Applicant will also be required to have a neighborhood meeting with notice
to the residents and the City will also mail notices to properties within 500 feet when the public
hearing date is set.

All of the proposed changes will allow the public to learn more about an application prior to
the Public Hearing.
Planning Commission Recommendation
The Planning Commission reviewed this item at their November 3, 2016 meeting, and by a 6-0
vote, recommended approval to forward this item to Council as written.
Action Requested
The City Shall offer Ordinance No. 951, an Ordinance approving the text amendment relating
to common procedure and creating a new section pertaining to public notice, neighborhood
meetings, posting of notice signs and other general policies and procedures concerning specific
types of applications.
Attachments
Ordinance 951

ORDINANCE NO. 951


AN ORDINANCE OF THE CITY OF SHAKOPEE AMENDING
TITLE XV OF THE CITY CODE RELATING TO COMMON PROCEDURES AND
CREATING A NEW SECTION 151.001 (E) THAT WILL APPLY TO ZONING AND
SUBDIVISIONS
______________________________________________________________________________
WHEREAS, The City of Shakopee has proposed an amendment to Section 151.001 (E)
relating to common procedures along with adding sections pertaining to public notice,
neighborhood meetings, posting of notice signs, and other general policies and procedures.; and
WHEREAS, notices were duly sent and posted, and a public hearing was held before the
Planning Commission on November 3, 2016 at which time all persons present were given an
opportunity to be heard; and
WHEREAS, the Planning Commission recommended that the City Code section listed
be amended to require neighborhood meetings unless waived by the administrator, require
posting of property prior to public hearings and to expand the public notice area to five hundred
feet.
WHEREAS, the City Council heard the matter at its meeting on November 15, 2016;
and
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
This new section will be added to 151.001, Section E. and will add a common procedures section
pertaining to, public notice, neighborhood meetings, posting of signs and other general rules and
procedures as follows:
Section 1. Definitions: Administrator shall be the Zoning Administrator or Planner or their
designee.
(E) Common procedures.
The general provisions of this section shall apply to all applications for development approval
and permit requests under this chapter, unless otherwise stated.
(1) Authority to file applications.

(a) General. Applications submitted under this chapter shall be submitted by the landowner; a
person, business, or organization having rights in contract in the land; their authorized agent; the
city council; the planning commission; or the administrator.
(b) Applicant not the owner. If the applicant is not the owner of the land, the owner's name and
contact information must be included in the application.
(2) Neighborhood meetings.
(a) General. The purpose of the neighborhood meeting is to provide an opportunity for informal
communication between applicants, occupants, and owners of nearby properties that may be
affected by development proposals; to educate the occupants and owners about the proposed
development and application; to receive comments and address concerns about the development
proposal; and to resolve conflicts and outstanding issues, where possible.
(b) Neighborhood meeting required. A neighborhood meeting is required for all applications
requiring a public hearing prior to submission of an application. Upon receiving an application
requiring a public hearing, the administrator shall require an applicant to conduct a neighborhood
meeting prior to a public hearing being scheduled. The Zoning Administrator or Planner
(administrator) may waive this requirement in cases where there is no adjacent neighborhood
that would be impacted by the application.
(c) Applications requiring neighborhood meetings. Unless a waiver is granted by the
administrator, a neighborhood meeting shall be required to be conducted prior to consideration of
the following applications:
(i) Map amendment (rezoning);
(ii) Preliminary Plat
(iii) Conditional Use Permit (CUP)
(iv) Comp Plan Amendments
(v) PUD
(vi) Zoning Text Amendments
(vii) Variances
(d) Procedure. If a neighborhood meeting is convened, it should generally comply with the
following procedures:
(i) Day, time and place. The neighborhood meeting should be held during the hours of 6:00 p.m.
to 9:00 p.m., Monday through Friday, at a place that is generally accessible to occupants of
property in close proximity to the land subject to the application. Meetings may be held at a time
and day different from above at the neighborhood's request. Meetings shall be held at least eight
calendar days prior to the scheduled public hearing. Failure to do so may result in delay or denial
of the application.
(ii) Notification. The applicant shall provide notification of the neighborhood meeting a
minimum of seven business days in advance of the meeting by first class mail to: all owners and
occupants within 500 feet of the land subject to the application; any neighborhood organization
2

that represents citizens within that area; the planning staff; and the review board. The notification
shall state the time and place of the meeting.
(iii) Conduct of meetings. At the neighborhood meeting, the applicant shall explain the
development proposal and application; answer questions; and, address the ways in which to
resolve the attendees' concerns. Within two days of the meeting, the applicant shall provide the
city a list of those in attendance with a summary of the attendee's concerns.
(3) Public notification for Public Hearings to be held by the Planning Commission and Board of
Adjustment and Appeals,
(a) Content of mailed and published notice. All mailed and published notices for public hearings
shall:
(i) Identify the case log number and the name of the applicant or the applicant's agent.
(ii) Indicate the date, time and place of the public hearing, or indicate the earliest date an
administrative decision will be made.
(iii) Describe the site involved by street address, property identification number (or both) and
nearest intersection.
(iv) Identify the current zoning district designation of the site subject to the application.
(v) Describe the nature, scope and purpose of the application or proposal.
(vi) Indicate the date and hours of availability and describe in which department the application,
staff report, and related materials may be inspected by the public.
(vii) Include a statement describing where interested members of the public and adjoining
property owners may submit written comments or evidence prior to the public hearing, or an
administrative decision.
(viii) Include a statement that interested members of the public and adjoining property owners
may appear at the public hearing, be heard, and submit evidence and written comments with
respect to the application.
(b) Mailed notice. When the provisions of this chapter require that written or mailed notice be
provided, the administrator shall be responsible for preparing and mailing the written notice.
Notice shall be mailed to:
(i) All property owners of the land subject to the application;
(ii) Surrounding property owners whose address is known by reference to the latest ad valorem
tax records: For applications subject to a public hearing, all property owners within 500 feet of
the land subject to the application;
(iii) Notice shall be deemed mailed by its deposit in the United States mail, first class, properly
addressed, postage paid. The administrator shall certify that notice meeting the content
requirements was mailed. A copy of the mailed notice shall be maintained in the office of the
administrator for public inspection during normal business hours.
(c) Published notice.

(i) When the provisions of this chapter require that notice be published, the administrator shall
be responsible for preparing the content of the notice and publishing the notice in a newspaper of
general circulation in the city. The content and form of the published notice shall be consistent
with the requirements of the Minnesota Code of Laws.
(ii) The administrator shall prepare a certificate affirming that published notice has occurred
pursuant to the requirements of this subsection and include a copy of the published notice for the
records.
(d) Posted notice.
(i) When the provisions of this chapter require that notice be posted on the site subject of the
application (151.001 2(C)), notice shall comply with the following requirements:
(I) Notice shall be posted on signs in a form established by the administrator.
(II) The signs shall be placed by the applicant on the property that is subject to the application
15 days prior to the public hearing along each public street that abuts or transects the property, at
intervals of not more than 500 feet.
(III) The signs shall be posted in a manner that ensures visibility from public streets.
(ii) The applicant shall sign and provide to the administrator a notarized affidavit in a format
provided by the city stating that posted notice has been provided in accordance with the
requirements of this subsection. The affidavit shall be submitted to the administrator prior to the
public hearing for the subject application.
(iii) The applicant shall ensure that the posted notice is maintained on the property until the
completion of the public hearing on the application.
(iv) The signs shall be removed by the applicant within five days after the public hearing on the
application.
Section 2. The City Council adopts the following findings of fact relating to the request to
modify the language in the Citys zoning and subdivision ordinance regarding neighborhood
meetings and notice.
Criteria #1
Finding #1

That the original zoning ordinance is in error;


The original ordinance at the time meet the communitys desire. Today, the
public wants a more transparent process.

Criteria #2
Finding #2

That significant changes in community goals and policies have taken place;
The community desires the rezoning, CUP and subdivision process to be more
transparent.

Criteria #3

That significant changes in City-wide or neighborhood development patterns


have occurred;
There has been evidence presented that city-wide or neighborhood development
patterns have changed. Residential areas now abut more commercial uses and
new proposed subdivisions that may differ in character from existing patterns.

Finding #3

Criteria #4
Finding #4

That the Comprehensive Plan requires a different provision;


The Comprehensive Plan does not require a different provision.

Section 5. Effective Date.


passage and publication.

This ordinance shall be in effect from and after the date of its

Adopted in ___________ session of the City Council of the City of Shakopee, Minnesota held
this ______ day of ____________, 2016.

_____________________________
William Mars, Mayor
ATTEST:
__________________________
Lori Hensen, City Clerk

Published in the Shakopee Valley News on the _____ day of _____________, 2016.

General Business

TO:

Mayor and City Council

FROM:

Jamie Polley, Parks & Recreation Director

DATE:

11/15/2016

9. B. 1.

SUBJECT: Authorization to Contract with WSB & Associates for the Design, Specifications
and Construction Services for the Tahpah West Field Improvements (A, B)
Action Sought
To enter into an agreement with WSB & Associates in the amount not to exceed $44,800.00 to
prepare and provide the final design, specifications, bidding documents, bidding
procedures and construction administration services for the development for Phase I of Tahpah
Park West.
Background
The city has 10 acres of undeveloped land on the west side of Tahpah Park. Since 2001 the
plan for the area has been to add two baseball fields. One full size baseball field and one 12-13
year old baseball field (similar to Green Meadows field). When reviewing the Park Reserve
plan on July 25th, the City Council moved the development of one field at Tahpah west to
2017.
Discussion
In 2016 one baseball field on the high school site was eliminated for the expansion of the high
school. This field was highly used by the Youth Baseball Association as well as the high school
baseball teams. At this time there is not a set plan for the replacement of that baseball field.
During the planning of the high school the city was asked confirm that two baseball fields
could fit on the west side of Tahpah Park and to update our cost estimate. WSB & Associates
completed this study for the city in 2015. It has been confirmed that two baseball field can fit
on the site if one is a smaller field.
The youth baseball association has expressed their need for the baseball field and has
approached the city with their willingness to contribute funds to the construction of one of the
ball fields.
Winter/spring is the best time to bid out new projects each year. To obtain the best bid for
construction of one field in 2017, staff is recommending that plans and specifications are
prepared at this time in preparation to bid the project in March or April of 2017.
Budget Impact
The Park Reserve fund is the funding source used for new park development. The 2017 Park
Reserve Fund included the construction of one ball field at Tahpah Park west pending the
payment of Park Dedication fees. The current balance in the Park Reserve is $1,060621.31 with

$450,000 dedicated to Phase I of Quarry Lake Park. The cost to complete the final plan,
develop plans and specifications for bidding and for construction administration from WSB &
Associates is $44,800.00.
The cost estimate to complete Phase I of Tahpah west is $373,340.00 and includes full site
preparation, the construction of one full size baseball field fully fenced, trails to the ball field
and a dugouts.
Time line
The proposed time for the ball field development is as follows:
November 2016
City Council authorization to enter into contract for design
services
November February
Develop and present preliminary design concepts (3) and cost
estimates to staff. Meet with user groups to incorporate comments.
March 13
Present plans to Parks and Recreation Advisory Board
April 4
Present final plans to City Council for approval and
authorization to bid project
April 13 & 20
Advertise for bids
May 10
Bid opening
May 16
Award construction contract
June
Construction begins
August
Construction complete
April 2018
Field playable
Relationship to Vision
A. Keep Shakopee a safe and healthy community where residents can pursue active and quality
lifestyles.
B. Positively manage the challenges and opportunities presented by growth, development and
change.

Requested Action
The City Council, if concurs, authorize the appropriate staff to enter into an agreement
with WSB & Associates for the preparation of the final design, specifications, bidding
documents, and construction administration for the development of one ball field at Tahpah
Park west for the amount not to exceed $44,800.00.

General Business
TO:

Mayor and City Council

FROM:

Darin Nelson, Finance Director

DATE:

11/15/2016

SUBJECT:

Sanitary Sewer Rate Increase, Ord. No. 952 (C)

9. C. 1.

Action Sought
Approval of Ordinance No. 952, amending the 2016 fee schedule to increase the sewer demand
rate from $2.24 to $2.42 per thousand gallons, and to increase the fixed monthly fee from
$6.00 to $6.50. The change will be effective for the first billing in January 2017.
Background
Both the Sanitary Sewer and Surface Water Funds implemented rate increases as of January 1, 2016. In a
budget work session held back in July 2015, Council and staff reviewed the need for multi-year rate increases
for the Sanitary Sewer Fund. The flow rate charged per thousand gallons is not keeping pace with the Met
Council Environmental Services (MCES) service charge. For example, the flow rate for 2017 charged by
MCEC will be $2.66 per thousand gallons. The city's current 2016 rate charged to users is $2.24 per thousand
gallons. This $0.42 loss per thousand gallons equates to about $420,000 over the course of the year. Increasing
the rate 8 percent reduces to the loss to about $250,000.
MCES has and will continue to be increasing service charge rates at about a 5.5 percent annually for next three
to five years. As with most cities, the cost of maintaining and reconstructing aging infrastructure is an expensive
but necessary endeavor.
The city's user fee is not only failing to cover the MCES service charge, which accounts for about 75 percent of
the fund's operational expenses, but the user fee is also not covering the remaining 25 percent of operational
expenses. The total expected operational loss for 2017, with an anticipated 8 percent rate increase included in
the revenues, is approximately $884,000.
A fixed monthly service fee of $6.00 per account per month helps offset this operational loss. This fixed
monthly fee is expected to generate about $846,000 in 2016. However, these flat fees are intended to fund costs
for capital outlay such as street reconstruction projects, sewer linings, etc. The capital outlay can range from
$500,000 to $1.5 million per year.
This news doesnt reflect that the sky is falling. The Sewer Fund does have a healthy cash balance. As of the
end of the 2016, the fund is expected to have just under $10 million in liquidity. However, operational deficit
spending of $800,000+ per year will eat away at those reserves rather quickly. Just two years ago, the fund
ended the year with $12.7 million in liquidity. Staff plans to do an in-depth rate analysis in 2017 that will
review several factors including; what is an appropriate fund balance, long-term forecasting (10-20 years),
impact of new development, etc.
Attached is a graph comparing the revenues and expenses to the cash position over the next five years. As the
graph depicts, the cash balance continues to decrease over this time frame even with annual rate increases built
into the model. The goal is to decrease the rate of decent of the fund's cash position and land softly at an
appropriate fund balance. We will be able to define an appropriate fund balance once a rate analysis is
complete.

For 2017, the budget has been prepared with an 8 percent increase in the flow rate from $2.24 to $2.42 per
thousand, and a $0.50 increase in the flat rate from $6.00 to $6.50 per month per account. For an average home
utilizing 6,000 gallons of water a month, the increase will amount to about $1.52 per month. Even with this
increase, Shakopees sanitary sewer rate remains one of the lowest in the metro.
Attached are two charts comparing the cost of sanitary sewer services for an average user. The first chart
compares Shakopee to our new set of comparable cities. The second chart is from an annual survey sponsored
by AE2S that compares a number of metro cities. It should be noted that Savage's monthly sewer amount was
reported incorrectly. Their monthly sewer fee is $26.95 based on 6,000 gallons of water per month.

Recommendation
Approval
Budget Impact
The implementation of an 8 percent rate increase and fixed fee increase of $0.50 per account
per month will aid in reducing the operational deficit by about $243,000.
Relationship to Vision
The implementation of the sanitary sewer rate increase will aid in maintaining the city's strong
financial health.
Requested Action
Approval of Ordinance No. 952 amending the city's adopted 2016 fee schedule for an increase
in sanitary sewer rates effective with the first billing in January 2017.
Attachments
Ordinance No. 952 - Fee Schedule Amendment
5-Year Projected Cash Balances
Comparable Cities Sewer Cost Comparison
AE2S Metro Rate Survey

ORDINANCE NO. 952


AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE
CITYS ADOPTED 2016 FEE SCHEDULE
WHEREAS, by Ordinance No. 924, the City Council established a fee schedule effective
January 1, 2016; and
WHEREAS, the City Council has determined that it is desirable to modify the 2016 Fee
Schedule.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Shakopee,
Minnesota, that the Fee Schedule is amended as follows:
Engineering
II.General Engineering
G.
Sewer Service
1.
Fixed Fee
2.
For every 1,000 gallons or part thereof
of metered flow or water usage:
All other properties

$6.50/billing cycle

$2.42/billing cycle

BE IT FURTHER ORDAINED, that the Fee Schedule amendment shall become effective
with the first billing in January 2017.
Adopted in Regular Session of the City Council of the City of Shakopee, Minnesota held this
15th day of November, 2016.

Approved:

Mayor of the City of Shakopee


Attested:

City Clerk

Sanitary Sewer Fund


Projected Cash Levels
2017-2021 Capital Improvement Program
City of Shakopee, Minnesota
9,000,000

8,000,000

7,000,000

6,000,000

5,000,000

4,000,000

3,000,000

2,000,000

1,000,000

2017

2018

2019

2020

2021

$0.50 Flat

$0.50 Flat

$0.50 Flat

$0.50 Flat

$0.50 Flat

8% Variable

8% Variable

8% Variable

5.25% Variable

5.25% Variable

Total revenue

Total Expenses

Estimated Net Position as of December 31

2016 Annual Sanitary Sewer Cost Comparison


$400

$350

$300

$250

$200

$150

$100

$50

$-

MINNEAPOLIS/ST. PAUL METRO

(Served by Metropolitan Council EnvironmentalMINNEAPOLIS/ST.


Services)
PAUL METRO

(Served by Metropolitan Council Environmental Services)

Savage, MN*

$12.61

Shakopee, MN*

$19.44

Maple Grove, MN*

Wastewater Fixed Charge

$20.07

Wastewater Volume Charge


Based on 6,000 Gallons

Spring Lake Park, MN*

$20.76

Eagan, MN*

$20.98

Farmington, MN*

$21.60

Columbia Heights, MN*

$21.60

Eden Prairie, MN*

$21.88

* Outsourced

Apple Valley, MN*

$22.70

Ramsey, MN*

$22.93

Anoka, MN*

$24.65

Mounds View, MN*

$25.07

Victoria, MN*

$25.32

Hopkins, MN*

$25.80

Oakdale, MN*

$25.98

Plymouth, MN*

$26.03

Richfield, MN*

$26.10

Falcon Heights, MN*

$27.26

Dayton, MN*

$28.24

Champlin, MN*

$29.31

St. Louis Park, MN*

$29.85

Minnetonka, MN*

$30.61

Prior Lake, MN*

$30.94

Minneapolis, MN*

$31.49

Robbinsdale, MN*

$31.84

Fridley, MN*

$32.55

Waconia, MN*

$39.10

Mahtomedi, MN*

$44.70
$0.00

$14.00

$28.00

$42.00

$56.00

TYPICAL
MONTHLY
WASTEWATER
UTILITY
Typical
MonthlyRESIDENTIAL
Residential Wastewater
Utility Bill
($) BILL ($)

The Financial Link

Copyright 2016 AE2S - All Rights Reserved

$70.00

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