1/5/16 shakopee city council meeting packet

TENTATIVE AGENDA

Shakopee City Council

Regular Session 7:00 p.m. January 5, 2016

LOCATION Council Chambers City Hall 129 Holmes Street South

Shakopee Mission StatementThe 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.

Agenda items are tied to the following long-term goals that support the City's strategic vision as noted after each agenda item:

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.C. Maintain the City's strong financial health.D. Maintain improve and create strong partnerships with other public and private sector entities.E. Deliver effective and efficient public services by a staff of well-trained, caring, and professional employees.F. Housekeeping item.

Presentation of Plaque to Brad Tabke

Oath of Office by Newly Elected and Re-Elected Officials

Mayor Bill Mars presiding

1. Roll Call

2. Pledge of Allegiance

3. Approval of Agenda

4. Consent Business - (All items listed in this section are anticipated to be routine. After adiscussion by the Mayor there will be an opportunity for members of the Council toremove any items from the consent agenda for individual discussion. Those itemsremoved will be considered following the Public hearing portion of the agenda. Itemsremaining on the Consent Agenda will not be discussed and will be approved in onemotion.)

A. Community Development

B. Police and Fire

1. *Revision to "Trade Time for Fitness" Employee Benefit Program (B)

2. *Amendment to the Southwest Metro Drug Task Force 2015 Grant Agreement to

2. *Amendment to the Southwest Metro Drug Task Force 2015 Grant Agreement toInclude Funding Through 2016, Res. No. 7666 (D)

C. Public Works and Engineering

1. *Purchase of Six (6) Police Interceptors and One (1) Administration Car for thePolice Department (E)

2. *Purchase Two Pickup Trucks for the Facilities/Government Buildings Department(E)

3. *Purchase of Toro 5910 16' Mower (E)

4. *2016 Street Tree Pruning Contract (A, D)

D. Personnel

1. *Appointment of Finance Director (E)

E. Parks and Recreation

F. General Administration

1. *City Bill List (F)

2. *City Council Minutes (F)

3. *Designation of Official Newspaper (F)

4. *Approve the Temporary On-Sale Liquor License for St. Joachim & Anne (F)

5. *Request for Fee Waivers to Support Workforce Housing Project -- MWFProperties, Res. No. 7656 (B,D)

6. *Premises Permit for Shockwaves Waterski Club, Res. No. 7668 (F)

5. RECOGNITION OF INVOLVED CITIZENS BY CITY COUNCIL - Provides an

5. RECOGNITION OF INVOLVED CITIZENS BY CITY COUNCIL - Provides anopportunity for the public to address the Council on items which are not on the agenda.Comments should not be more than five minutes in length. The Mayor may adjustthat time limit based upon the number of persons seeking to comment. This commentperiod may not be used to make personal attacks, to air personality grievances, tomake political endorsements or for political campaign purposes. Council Memberswill not enter into a dialogue with citizens, and questions from Council will be forclarification only. This period will not be used to problem solve issues or to react tothe comments made, but rather for informational purposes only.

6. Public Hearings:

7. Business removed from the Consent Agenda will be discussed at this time

8. General Business:


B. Police and Fire


D. Personnel



9. Other Business

10. Adjourn to January 19, 2016 at 7:00 p.m.

Consent Business 4. B. 1.

TO: Mayor and City Council

FROM: Darlene Bjerketvedt, Secretary

DATE: 01/05/2016

SUBJECT: *Revision to "Trade Time for Fitness" Employee Benefit Program (B)

Action SoughtThe Council is asked to authorize the expansion of the Trade Time for Fitness reimbursement from $1,000.00 to$2,000.00 per calendar year.

BackgroundThe City of Shakopee has had a Trade Time for Fitness program in place since 2014. Under the current program,employees with more than 80 hours of sick leave can submit a claim to cash out a portion of their accrued sickleave in order to be reimbursed for wellness-related expenses. Reimbursement claims cannot exceed $1,000.00 percalendar year and cannot result in an employee's sick leave balance falling below 80 hours.The proposed changewould increase the reimbursement amount from $1,000.00 to $2,000.00 per calendar year.

RecommendationI recommend authorizing the proposed increase to the reimbursement portion of the Trade Time for Fitnessprogram for all benefits-eligible employees.

Budget ImpactThe proposed change to the existing program will have very little financial impact on the City. Currently, the Cityfunds its liability for accrued leave time through a "Compensated Absences" fund. Reimbursements provided toemployees through the Trade Time for Fitness will reduce the level of funding necessary for the compensatedabsences fund. Reimbursements provided to employees through the Trade Time for Fitness program reduces thelevel of funding necessary for the compensated absences fund. The Trade Time for Fitness concept has beenreviewed by the City's auditor who reported having no concerns with the idea.

Relationship to VisionThis item relates to Goal B: Positively manage the challenges and opportunities presented by growth, developmentand change.

Requested ActionThe Council is asked to approve the increased reimbursement amount from $1,000.00 to $2,000.00 for the TradeTime for Fitness program for all benefits-eligible City employees, effective January 1, 2016.

Consent Business 4. B. 2.


FROM: Jeff Tate, Police Chief

DATE: 01/05/2016

SUBJECT: *Amendment to the Southwest Metro Drug Task Force 2015 Grant Agreement to Include FundingThrough 2016, Res. No. 7666 (D)

Action SoughtThe Council is asked to adopt Resolution Number 7666, accepting Grant Amendment No. 1 to the current 2015Violent Crime Enforcement Team (VCET) Grant Award, in the amount of $90,000.

BackgroundThe Shakopee Police Department has been a member of the Southwest Metro Drug Task Force since its inceptionin 1988 and wishes to continue participating in the Task Force. The city currently serves as the financial agent ofthe Task Force and has served in that capacity for several years. The Southwest Metro Drug Task Force was successful in securing grant funds from the federal government topartially fund its operating expenses in 2016. The Minnesota Department of Public Safety, Office of JusticePrograms, acts as the grant administrator for the federal government. City Council approved the current Grant Agreement in January of 2015. This amendment will extend the term ofthe original agreement to continue through 2016 and will include the same level of funding.

RecommendationStaff recommends adoption of Resolution No. 7666.

Budget ImpactThere is no impact on the police department budget.

Relationship to VisionThis action supports Goal D: Maintain, improve and create strong partnerships with other public and private sectorentities.

Requested ActionCouncil is asked to adopt Resolution Number 7666.

Attachments: Grant Agreement AmendmentResolution No. 7666

RESOLUTION NO. 7666

A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE 2015 GRANT AGREEMENT FOR THE

SOUTHWEST METRO DRUG TASK FORCETO INCLUDE SAME LEVEL OF FUNDING THROUGH 2016

WHEREAS, the City has been a participating member of the Southwest Metro Drug Task Force since its inception; and

WHEREAS, the Task Force has successfully brought about numerous drug convictions; and

WHEREAS, each year the City enters into a cooperative agreement in order to continue to participate; and

WHEREAS, the City currently serves as the financial agent of the Task Force and has served in that capacity for several years; and

WHEREAS, in the capacity of financial agent, the City has entered into a cooperative agreement with the Minnesota Department of Public Safety, Office of Justice Programs, to administer federal grant funds that partially fund the Task Force; and

WHEREAS, the Minnesota Department of Public Safety has amended the 2015grant agreement to reflect an extension of the agreement term through 2016 and to add the same level of funding as in 2015.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the Mayor, City Administrator, and City Clerk are hereby authorized to enter into a cooperative agreement with the Minnesota Department of Public Safety, Office of Justice Programs, amending the current grant agreement for the program entitled Violent Crime Enforcement Teams 2015, for the Southwest Metro Drug Task Force.

Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 5th day of January 2016.

______________________________Mayor of the City of Shakopee

ATTEST:

___________________________City Clerk

Consent Business 4. C. 1.


FROM: Mike Hullander, Public Works Superintendent

DATE: 01/05/2016

SUBJECT: *Purchase of Six (6) Police Interceptors and One (1) Administration Car for the Police Department (E)

Action SoughtMove to authorize the purchase of six (6) SUV police interceptors from Nelson Auto Center for the price of$178,379.70 and one (1) new Chevrolet Equinox from Ranger GM for the price of $22,195.00. The funding to beexpended from the Capital Equipment Internal Service Fund.

BackgroundStaff identified a need in the 2016 Capital Equipment Budget to purchase seven vehicles for the Police Department. Six SUV police interceptors will be purchased with four being replacement patrol vehicles, one replacementsergeants vehicle and one requested additional patrol vehicle. Staff will be using State Bid Pricing contract #83065. Staff will also be purchasing one administrative vehicle to replace an existing 2006 Chevy Impala usingState Bid Pricing contract # 72060. Staff will come back to council at a later time with recommended vehicles tobe sold at auction. Staff estimated an allocation, including set-up of $322,000.

RecommendationStaff recommends approval of the purchase.

Budget ImpactDollars were allocated in the 2016 Capital Equipment Budget.

Relationship to VisionE. Deliver effective and efficient public services by a staff of well-trained caring and professional employees.

Requested ActionMove to authorize the purchase of six (6) SUV police interceptors from Nelson Auto Center for the price of$178,379.70 and one (1) new Chevrolet Equinox from Ranger GM for the price of $22,195.00. The funding to beexpended from the Capital Equipment Internal Service Fund.

Attachments: Police Purchases 2016




DATE: 01/05/2016

SUBJECT: *Purchase Two Pickup Trucks for the Facilities/Government Buildings Department (E)

Action Sought1. Move to authorize the purchase of two (2) pickup trucks from Ranger GM for the price of $38,564.12 andaccessories from Aspen Equipment for the price of $10,016.34. Funding is to be expended from the CapitalEquipment Internal Service Fund.

2. Motion to declare unit numbers 175, 195, 196 and 1899 as surplus property for sale at auction.

BackgroundThe 2016 Capital Equipment Budget allocated $50,000.00 for the purchase of two pickup trucks for the FacilitiesMaintenance Division. Staff is requesting to purchase two GMC Sierra two wheel drive regular cab pickups withtommy lifts, tool box's and rear window protector's for the total price of $48,580.46. Staff will be using State BidPricing contract #'s 70287, 73056 and 102063. Staff will be replacing unit # 1899 a 1999 Ford Ranger and unit #1801 a 2001 Chevy S10. Public Works is requesting to retain vehicle #1801 for the Park Maintenance Division butis requesting to declare four vehicles as surplus property for sale at auction.

RecommendationStaff recommends this purchase.

Budget ImpactFunds were allocated in the 2016 Capital Equipment Budget.


Requested Action1. Move to authorize the purchase of two (2) pickup trucks from Ranger GM for the price of $38,564.12 andaccessories from Aspen Equipment for the price of $10,016.34. Funding is to be expended from the CapitalEquipment Internal Service Fund.

2. Motion to declare unit numbers 175, 195, 196 and 1899 as surplus property for sale at auction.

Attachments: Facility Vehicle Purchases




DATE: 01/05/2016

SUBJECT: *Purchase of Toro 5910 16' Mower (E)

Action Sought1. Move to authorize the purchase of one (1) new Toro 5910 mower from MTI Distributing for the price of$99,400.83 with the funding to come from the Capital Equipment Internal Service Fund.

2. Move to declare the 2007 Toro 580D as surplus for sale at auction.

BackgroundPublic Works staff requested $130,000.00 to be included in the 2016 Capital Equipment Budget for the purchase ofone new Toro 5910 16' mower.

Public Works uses three Toro 16' mowers, two in the Parks Division and one in the Surface Water Division. Themower in the Surface Water Division is also used by the Parks Division when maintenance is required on theirmowers to prevent downtime and also during heavy grass growing periods. These three mowers provide the bulk ofthe total acres mowed per season.

Staff is requesting to replace unit #133 a 1997 Toro Groundmaster 580D 16' mower due to increased maintenancecosts and associated downtime. This unit currently has 2984 hours of use. Staff will be using State Bid Pricingcontract #103918 for this purchase.

RecommendationStaff recommends going forward with this purchase.

Budget ImpactFunding has been allocated in the 2016 Capital Equipment Internal Service Fund.


Requested Action1. Move to authorize the purchase of one (1) new Toro 5910 mower from MTI Distributing for the price of$99,4000.83 with the funding to come from the Capital Equipment Internal Service Fund.

2. Move to declare the 2007 Toro 580D as surplus for sale at auction.

Attachments: Purchase Toro 5910, 2016



FROM: Jacob Busiahn, Natural Resources Technician

DATE: 01/05/2016

SUBJECT: *2016 Street Tree Pruning Contract (A, D)

Action SoughtApprove the quote of Northeast Tree, Inc. to perform the work outlined in the 2016 Street Tree Pruning Contract.

BackgroundIn 2014 City staff completed an inventory of all trees on City property. Over 7,000 trees were identified, most ofwhich were in need of pruning. It is the intent to get all public trees on a routine pruning cycle in the upcomingyears using a combination of City staff and private contractors. After the tree inventory, the city authorized andcompleted a pruning contract in 2015 on a number of high priority trees.

On December 4th, 2015 quotes were requested for street tree pruning from six tree service contractors. Four quotesubmissions were received. Northeast Tree, Inc. submitted the lowest quote and is recommended for hire.

The proposed contract would begin work in late January (after City Council approval) and end on or before April1st, 2016. This contract would be for a maximum of $27,000 and funded with the Natural Resources Divisionprofessional services account in the 2016 budget. It will provide the service of pruning trees within Cityright-of-way. All trees with the exception of ash trees scheduled for removal will be pruned in the specified area asshown on the attached map.

It is a contract requirement that only an ISA Certified Arborist may perform pruning and that all ANSI standardsshall be met while performing work. The contractor is also required to notify adjacent property owners of theactivity in their area a minimum for 48 hours in advance, with a letter provided by City staff.

Attached is the contract, quote from Northeast Tree, Inc. and a map of trees to be pruned.

RecommendationApprove the quote of Northeast Tree, Inc. to perform work for the 2016 Street Tree Pruning Contract.

Budget ImpactThis will be funded using $27,000 of the 2016 Natural Resources Division budget. No additional funds arerequested.

Relationship to VisionGoal A: Keep Shakopee a safe and healthy community where residents can pursue active and quality lifestyles.Goal D: Maintain, improve, and create strong partnerships with other public and private sector entities.

Requested ActionApprove the quote of Northeast Tree, Inc. to perform the work outlined in 2016 Street Tree Pruning Contract.

Attachments: 2016 Street Tree Pruning Contract

Northeast Tree, Inc. quotePruning Map

December 4th, 2015 Dear Tree Service: The City of Shakopee is requesting written quotes for the service of street tree pruning. Trees to be pruned will vary in age from newly planted to mature and will be within City right-of-way. This service contract will be viable from January 25th – April 1st, 2016. The proposed expenditure for this contract is $27,000. Enclosed you will find an official quote form, specifications of contract, insurance requirements, and a map of the area to be pruned. Quotes are to be based on an hourly rate per crewmember and all required equipment per crew (consisting of 3-4 members) - which includes all tools (i.e. chain saws, pole saws, ropes, loppers, etc.), one chipper-truck combination or clam truck and one aerial lift truck, reaching a minimum height of 50’ above ground level, in the quote price. For quoting purposes, disposal of woodchips may be done at the City’s Public Works yard if resulting in a lower quote price than disposing at alternative sites. The final decision on where disposal takes place shall be decided by the City. Vehicles, if you choose to do so, may be parked overnight at the City’s Public Works yard, from which your crew(s) may be mobilized. Pruning may only be performed by an ISA Certified Arborist or Master Arborist. Pruning standards will adhere to the American National Standards Institute (ANSI) standard for tree pruning (ANSI A300), Safety Requirements (ANSI Z133.1) and the specifications in this contract. I will need to receive your written quote (regular mail or email) on the enclosed City Quote Form no later than noon on December 17th, 2015. If you have any questions, please feel free to call me at (952) 233-9371. Sincerely, Jacob Busiahn

CITY OF SHAKOPEE

QUOTE REQUEST FORMS & SPECIFICATIONS

FOR

2016 PRUNING OF STREET TREES

INDEX

1. Official Quote Form for Street Tree Pruning

2. Instructions for Submitting Quotes

3. Tree Pruning Objectives and Specifications

4. Insurance Certificate-Contract

5. Appendix A – Tree Pruning Examples and Specifications

6. Appendix B – Agreement between City of Shakopee and Contractor

7. Map of Area with Trees to Be Pruned

CITY OF SHAKOPEE

FOR 2016 STREET TREE PRUNING OFFICIAL QUOTE FORM

QUOTE AMOUNT PER WORKING HOUR (as specified in PREPERATION OF QUOTES on page 1) $____________ NUMBER OF CREWMEMBERS USED PER CREW________

ISA CERTIFIED ARBORIST NAME, NUMBER, EXPIRATION DATE AND YEARS CERTIFIED FOR ALL ARBORISTS WHO WILL BE PRUNING ON THIS CONTRACT________________________________ ______________________________________________________________________________

______________________________________________________________________________

LARGE EQUIPMENT TO BE USED:

______________________________________________________________________________

______________________________________________________________________________

REFERENCES OF 2 MUNICIPAL PRUNING CONTRACTS OF SIMILAR SCOPE WITHIN THE LAST 5 YEARS: 1. ________________________________________________________________ 2. ________________________________________________________________

DATED ________________________________________

BY ____________________________________________ Contractor

ITS ____________________________________________ Owner/President

CONTRACTOR IS: NAME OF CONTRACTOR: ___________________________ Individual ______ ADDRESS__________________________________________ Partnership ______ ___________________________________________________ Corporation _____ State in which incorporated: AUTHORIZED SIGNATURE: ___________________ _________________________________ TITLE:_________________________________

of 18

INSTRUCTIONS FOR SUBMITTING A QUOTE

1. CONTRACTOR’S UNDERSTANDING.

Contractors should visit the work site to ascertain by inspection pertinent local conditions such as locations, character and accessibility of the site, availability of facilities, location and character of existing work within or adjacent thereto, labor conditions, etc.

2. PREPARATION OF QUOTES.

1) Quote Amount Per Working Hour = hourly rate per crewmember + required equipment for crew (see below).

(a) A crew shall consist of 3-4 members, all tools (i.e. chain saws, pole saws, ropes, loppers, etc.), one chipper-truck combination or clam truck and one aerial lift truck, reaching a minimum height of 50’ above ground level, in the bid price.

(b) For quoting purposes, disposal of woodchips may be done at the City’s Public Works yard if resulting in a lower quote price than disposing at alternative sites. The final decision on where disposal takes place shall be decided by the City. Vehicles, if you choose to do so, may be parked overnight at the City’s Public Works yard, from which your crew(s) may be mobilized. A working hour is considered one hour of pruning operations meeting the specifications of this document.

2) Quotes shall be submitted on the forms provided or copies thereof, and must be signed by the contractor or his authorized representative. Any corrections to entries made on quote forms should be initialed by the person signing the quote. A mailed or emailed copy will suffice.

3) Alternate quotes will not be considered unless specifically called for.

3. SUBMISSION OF QUOTES.

Quotes shall be submitted no later than noon on December 17th, 2015. Quotes received after this time shall not be taken into consideration.

4. AWARD OF CONTRACT.

(a) The Contract shall be awarded a contractor as soon as practicable after December

17th, 2015, subject to the reservation of paragraph 5 hereinafter. (b) In determining the lowest responsible quote submission by a contractor, the

following elements will be considered: whether the contractor involved has

of 18

previously failed to perform properly or to complete on time contracts of a similar nature; has habitually and without just cause neglected the payment of bills or otherwise disregarded obligations to subcontractors, material, men or employees; whether the contractor involved maintains a permanent place of business; has adequate personnel and equipment available to do the work properly and expeditiously; has suitable financial resources to meet the obligations incidental to the work; and has the appropriate technical experience. All of the foregoing is in the sole judgment of the City.

(c) The City reserves the right to consider as unqualified to perform the contract work any contractor who does not habitually perform with his/her own forces the major portions of work involved.

5. REJECTION OF QUOTE SUBMISSIONS.

The City reserves the right to reject any and all quote submissions.

6. CONTRACT.

(a) The contractor to whom the award is made shall enter into a written contract with the

City within the time specified in the proposal. 7. SUBMISSION OF CERTAIN DATA.

Each contractor may be required to submit the following information and data within three days after a request by the City: (a) The location of contractor’s permanent place of business. (b) A statement of the equipment which the contractor proposes to use on the project.

(c) A statement listing projects of a similar nature which the contractor has completed.

STREET TREE PRUNING OBJECTIVES AND

SPECIFICATIONS

Refer to Appendix A for examples for pruning required for this contract.

All trees within the street right-of-way in the assigned area shall be pruned to meet the specifications below with the exception of ash trees (Fraxinus spp.) meeting one or more of the following criteria: 1. Less than 12” DBH 2. Having a significant structural defect or wound

of 18

3. In general being a poorly conditioned tree 4. Otherwise identified by the Natural Resources Technician not to be pruned.

Ash trees meeting this criteria are only to be pruned for clearance and hazard mitigation.

Pruning Objectives – All Trees 1. Although aesthetics is a concern, the appearance of the trees will be secondary to structural

and clearance concerns. The two greatest structural concerns are a large number of codominant stems and larger branches with bark inclusions.

2. Create a tree which at maturity has no limbs attached to the trunk below 15’-18’. 3. Keep limbs below 15’-18’ small (2” in diameter) to reduce wound size when removed. 4. Using reduction cuts, prevent all branches from growing larger than ½ the trunk diameter. 5. Has one dominate leader a minimum 2/3 up into the canopy at maturity. 6. Space scaffold limbs appropriately to avoid branch clustering. 7. Some trees will have structural defects which are beyond the point of correction (i.e.

codominant leaders which upon removal would result in an unacceptably large pruning wound), in this case the arborist shall focus on the worst defects, attempting to reduce the likelihood of limb/tree failure.

Pruning Specifications – All Trees 1. Unless there is a high risk of branch failure or other strong justification, removal cuts on the

main trunk larger than four inches or on branches exceeding ½ the trunk diameter should not be made.

2. Clearance pruning shall be performed to an estimated height which gives 14 feet of clearance over streets and 8 feet of clearance over sidewalks for the next 5 years.

3. Maintain a live crown ratio of greater that 50% at all times 4. Remove or subordinate branches with weak attachments (bark inclusions). 5. Clean the canopy of dead, broken, and rubbing branches 6. The presence of any disease condition, decayed trunk or branches, split crotches or

branches, or other structural weakness should be reported in writing to the Natural Resources Technician.

7. A thorough clean-up job is expected, i.e., leave the site in as clean of condition as it was before the trimming. The decision of the Natural Resources Technician or Public Works Supervisor is final.

8. Contractors will use correct safety procedures including traffic cones, signs and/or barricades, safety hard hats, and ear and eye protection.

9. If a parked vehicle is within an area in which a branch may fall on it, the contractor is responsible for having the vehicle moved. If a vehicle cannot be moved, the contractor will move on to the next tree on the list leaving a written note asking that the vehicle be moved on the following day.

10. No climbing spurs or spikes are to be used. 11. Any damage to property, including signs, mailboxes, light fixtures, sod, etc., will be the sole

responsibility of the contractor to repair and/or replace. The repair shall be equal to the condition prior to the accident.

of 18

12. Any power, cable, phone or other utility lines encountered will be the contractor’s responsibility to have dropped or otherwise appropriately handled.

13. All trimmings or other forms of debris resulting from this project shall be cleaned up and removed from the site by the Contractor on the day the debris is generated.

14. Work within the street right-of-way is allowed only Monday through Friday from 7:30 a.m. to 5:00 p.m.

Pruning Objectives - Young Trees (in general 4” dbh or less)

Order based on priority. 1. Create or maintain a dominate leader. 2. On a large statured street tree it is the intent that no limbs below 15’ remain permanently.

Keep all branches small (less than 2” diameter) using reduction cuts, anticipating removal. 3. Begin raising canopy height for clearance of street (14’) and sidewalk (8’).

Pruning Specifications - Young Trees (in general 4” dbh or less)

1. Establish or maintain a dominant leader by subordinating or removing all but one co-dominant stem (may need to be done in two stages if there are more than three leaders).

2. Do not remove more than 15% of the live canopy on trees planted within the last year-only prune to remove major structural defects. On established trees not more than 30% of live canopy shall be removed with the exception of vigorous elms and hackberry where no more than 40% may be removed.

3. Shorten or remove low vigorous branches to improve clearance. 4. To promote trunk growth-if small live branches (1/2” or smaller) exist lower on trunk reduce

if needed, but do not remove.

Pruning Objectives – Medium Aged Trees 1. Address clearance issues (14 feet over street, 8 feet over sidewalk) 2. Create/maintain a dominate leader and otherwise promote strong tree structure. 3. Remove or reduce limbs with structural defects such as bark inclusions. 4. On a large statured street tree it is the intent that no limbs below 15’ remain permanently.

Keep branches below 15’ small (less than 2” diameter) using reduction cuts, anticipating their removal.

5. Appropriately place scaffold limbs along trunk avoiding clustering. 6. Keep all branches less than ½ the trunk diameter.

Pruning Specifications – Medium Aged Trees 1. Shorten or remove large branches within 18”-36” of permanent scaffold limbs to avoid

clustering. 2. Shorten or remove all branches below permanent canopy while maintaining a minimum

50% live crown ratio. 3. Do not remove more than 30% live canopy with the exception of vigorous elms and

hackberry where no more than 40% may be removed. 4. Reduce side branches which are greater than ½ the trunk diameter.

of 18

Pruning Objectives - Mature Trees 1. Address clearance issues (14 feet over street, 8 feet over sidewalk) 2. Reduce the likelihood of tree failure by targeting structural defects such as lower limbs

which are growing into the canopy, limbs with weak branch attachments, etc.

3. Clean canopy by removing dead, diseased, rubbing and broken branches.

Pruning Specifications – Mature Trees 1. Weight on main scaffold limbs with included bark shall be reduced by approximately one-

third by removing some secondary branches toward the ends of the limbs and/or by removing the end of the branch using a reduction cut.

ADDITIONAL CONTRACT SPECIFICATIONS 1. TECHNICAL PROVISIONS

The Natural Resources Technician will meet with the crew before work commences to explain what is expected. The contractor shall then prune one block segment and request an inspection to assure expectations are being met. The contractor will then proceed with work subject to random inspection by City staff. On average not more than 6.5 working minutes per tree diameter inch may be billed on an invoice. This will be verified using the City’s tree inventory and pruned street segments on invoice. Notification to City residents is required a minimum 24 hours in advance for a tree being pruned in front of their home. A digital copy of this notification will be provided by the City. Work performed will be invoiced monthly by the contractor. The invoice shall include a daily breakdown of total trees pruned, hours worked, number of crewmembers, equipment used, and street segments completed. Upon satisfactory inspection of the pruning job by the Natural Resources Technician, said invoice will be approved by the City Council on the 1st or 3rd Tuesday of each month, whereupon a check will be issued to the contractor by mail. No subcontractors are allowed, ONLY your crews.

The trees to be pruned will be designated by the City of Shakopee. Address and location of trees will be provided to the awarded contractor to facilitate locating trees. The contractor will have the option of limited access to the City’s digital street tree inventory (requires a mobile device with internet connection) or PDFs of maps showing trees in need of pruning. A private property owner may, at his/her own expense, have other work performed on his/her property through a separate agreement, solicited, negotiated and performed

of 18

outside of this agreement/contract. Such work shall be separate and independent of this tree pruning agreement. All labor, equipment and materials necessary for pruning of street trees shall be provided by the contractor, the costs of which shall be included in the quote. The Contractor and his employees must maintain a professional appearance and a polite and helpful attitude towards the public at all times. The contractor will be required to adhere to all specifications and standards; continuous inspections will be made. Failure to properly perform work will be considered just cause to terminate the contract and assign any further work to the next qualified lowest quote.

2. ASSIGNMENT OF CONTRACT

It is the intent of the City to award an agreement for street tree pruning in the City as set forth on the attached map and proposal form. The City also reserves the right to enter into agreement with the second, third and successive lowest quote submission. The lowest responsible quote submission, however, will receive the first and all available work within the area to the extent that he demonstrates the ability to fully perform, including compliance with the provisions of this specification. The lowest quote shall be determined by the Unit Price, submitted on the Official Quote Form. The award of the contract will be made in the best interest of the City. It shall be based on but not limited to the following factors:

1. Unit Price quote. 2. Meeting all listed requirements. 3. Contractor qualifications.

Following the award, agreement forms will be forwarded to the successful contractor. They shall execute the contract within 10 days of receipt and deliver it along with the appropriate certificates; certificate of insurance and the contract items to the City in accordance with these specifications. No portion of the Agreement shall be sublet, assigned, or otherwise disposed of except with the written consent of the City. Requests for permission to sublet, assign, or otherwise dispose of any portion of the agreement shall be in writing. Written consent to sublet, assign, or otherwise dispose of any portion of the Agreement shall not be construed to relieve the Contractor of any responsibility for the fulfillment of the Agreement.

3. QUANTITIES OF WORK

of 18

This Contract is for the amount of $27,000. Once the contractor has completed $27,000 worth of work meeting these specifications the contract will cease. The City reserves the absolute right to increase or decrease the quantity or work originally estimated in the Agreement. Regardless of the final scope of the Agreement, payment to the Contractor will be made on the basis of unit prices as stated in the proposal along with adjustments referred to herein.

4. SUPERVISION

The project is to be completed under the direction of the Natural Resources Technician or Public Works Supervisor, and all material used and the method of performing the work shall, at all times, be subject to his review. He shall have the authority to decide questions which arise as to quality and acceptability of materials furnished and work performed.

5. CONTRACTOR’S RESPONSIBILITY

The Contractor shall furnish all necessary machinery, tools, labor and material required, and shall fully complete the work in accordance with the Agreement. The entire work to be performed under the Agreement is to be at the Contractor’s risk, and he is to assume the responsibility for all damages to the work or to the entire project until its completion and acceptance. It shall be his responsibility to maintain all stages of work in a safe and suitable condition at all times, including nights, weekends, and holidays. The Contractor shall make observations of his work during such periods as are necessary to ensure proper performance thereof. The Contractor shall designate one person who shall have charge of the job and to whom the Natural Resources Technician shall give directions. Precautions shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws shall be observed.

6. PROTECTION OF THE WORK

Where the work is carried on in, or adjacent to, any street, alley or public place, the contractor shall at his own expense furnish and erect such barricades, fences, light and danger signals and shall provide such flagmen and shall take such other precautionary measures for the protection of persons and property, and of the work, as are necessary. When a detour is necessary, because a street is blocked by the work, the City Engineer or Designee shall approve the detour route and the Contractor shall furnish and post detour signs to type and sizes as required by the City, at places designated by said City Engineer or Designee.

7. PROTECTION AND RESTORATION OF PROPERTY

of 18

The Contractor shall not enter upon private property without having previously obtained permission from the Owner. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavement, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. Any adjacent shrubs, trees or other growth receiving or sustaining breakage, injury or other damage during the pruning project shall be given remedial or corrective treatment and clean-up. The Contractor shall notify the proper representatives of any public utility, corporation and company or individual, not less than forty-eight hours in advance of any work which might damage or interfere with the operation of their or his property along or adjacent to the work. The Contractor shall be responsible for all damages or injury to property of any character resulting from any act, omission, neglect or misconduct in the manner of method of executing the work, or due to non-execution of the work, or at any time due to defective work or materials.

The Contractor shall restore, or have restored at his own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as may be directed, or shall make good such damage from injury in a manner acceptable to the Owner and the City. In case of failure on the part of the Contractor to restore such property to make good such damage or injury, the City may give written notice under ordinary circumstances and without notice when a nuisance or hazardous condition results, proceed to repair, rebuild or otherwise restore such property as may be determined necessary, and the cost thereof will be deducted from any monies due to the Contractor under this Agreement and if not so deducted, the Contractor will be obligated to forthwith reimburse the City for the cost thereof. The City shall be indemnified and saved harmless from any suit or expense claim brought for or on account of any damage, maintenance, removal and/or replacement or relocation of mains, conduits, pipes, poles, wires, cables or such other structures of private utility firms or corporations, whether underground or overhead, that may be caused or required by the Contractor during the time the work is in progress.

8. PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS AND RIGHT-OF-WAY For the performance of the Agreement, the Contractor will be required to be permitted to occupy such portions of streets or alleys, or other public places, or other right-of-ways, as

of 18

permitted by the City, and with proper traffic warnings and controls, IAW MN MUTCD Manual (2014) and City policies. Where the work encroaches upon any right-of-way of any railway or State or County Highway, the Contractor shall observe all the regulations and instructions of the railway company and State or County Highway Department as to methods of doing the work, or precautions for safety of property and the public. All negotiations with the railway company and State or County Highway Department shall be made by the Contractor at his/her own expense.

9. NOISE ELIMINATION The Contractor shall eliminate noise to as great an extent as possible at all times. The exhausts of all gasoline motors and other power equipment shall be provided with mufflers in accordance with current government regulations.

10. DELAYS The Contractor herewith specifically waives claims for damages for any hindrance or delay. Shutdowns due to improper work or otherwise due to the Contractor’s operations, are not causes for extension of time. The Contractor must perform at a productive rate of tree pruning and must maintain the ability to perform at that level throughout the effective period of the contract. Failure to meet these requirements shall be basis for executing the penalty provision of this Agreement; rejection of quote submission or forfeiture of Agreement.

11. FAILURE TO COMPLETE WORK ON TIME Should the contractor fail to complete the work on or before the original date set forth for completion in the work order, the City may permit the Contractor to proceed, and in such case there shall be deducted from any monies due or that may become due the Contractor ten percent (10%) of the unit price for each hour on that work order. This sum shall be considered and treated, not as a penalty, but as liquidated damages. Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time of completion may have been extended, shall in no way operate as a waiver on the part of the City of any of its rights under the Agreement. Neither by the taking over of the work by the City, nor by the termination of the Agreement, shall the City forfeit the right to recover liquidated damages from the Contractor.

of 18

If the Contractor should neglect to proceed with the work properly, or fail to perform any provisions of the Agreement, the City, after written notice to the Contractor, may without prejudice to any other remedy the City may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due to Contractor.

12. DEDUCTIONS The City may withhold from payment to the Contractor such an amount or amounts as may be necessary to cover:

a. Defective work not remedied. b. Claims for labor or materials furnished the Contractor or subcontractor, or

reasonable evidence indicating probable filing of. c. Failure of the Contractor to make payments properly to subcontractors for material

or labor furnished by others. d. A reasonable doubt that the Contract can be completed for the balance then unpaid. e. Evidence of damage to private property.

13. FORFEITURE OF CONTRACT

If at any time the Natural Resources Technician is of the opinion that the work is unnecessarily delayed, or is of poor quality and will therefore not be finished within the prescribed time or standard, he shall notify the Contractor, in writing, to that effect. If the Contractor does not take such measures as will, in the judgment of the Natural Resources Technician, insure the satisfactory completion of the work, the Natural Resources Technician may then notify the said contractor to discontinue all work under the Agreement for this project, and the Contractor shall immediately respect such notice and stop work, and cease to have any rights to the possession of the grounds. The City may thereupon re-let the Agreement or employ such forces as deemed advisable to complete the work, and charge the cost of all labor and materials necessary for such completion to the Contractor, and the amount so charged shall thereafter become due to the Contractor under and by virtue of the Contract for this improvement. In case such amount so paid by the City is less than the sum which would have been payable to the Contractor if the Agreement had been fulfilled by him, then said Contractor shall be entitled to receive the full difference and in case such amount is greater, the said Contractor shall pay to the City the amount of such excess so due. If the Contractor shall assign the Agreement for this improvement without the written consent above required, or shall abandon the work thereon, or shall neglect or refuse to comply with these specifications and the instructions of the Natural Resources Technician relative thereto and with the ordinances of the City, the City shall have the right to annul and cancel said Agreement and to re-let the work, or any part thereof, and such annulment

of 18

shall not entitle the Contractor to any claim for damages on account thereof, nor shall it affect the right of the City to recover damages which may arise from such failure.

14. COMPLETION OF CONTRACT AND INSPECITON After completing the work as detailed in the Agreement, the Contractor shall immediately submit to the Natural Resources Technician in writing a billing for the work order amount as a notice of completion of the project. The Natural Resources Technician or his representative will make final inspection of all work included in the work order as soon as practicable after notification by the Contractor that such work is completed. If such work is not acceptable at the time of inspection, the Contractor will be notified in writing as to the particular defects to be remedied before such work can be accepted. If, within a period of three working days after such notification, the Contractor has not taken steps to promptly complete the work as directed, the City may without further notice and without in any way impairing the Agreement, make such other arrangements as may be deemed necessary to have such work completed in a satisfactory manner. The cost of completing such work shall be deducted from any monies due, or which may become due the Contractor on the Agreement. If the contractor claims that any instructions, latent conditions or otherwise, involves extra cost under this Agreement, a claim for the extra cost must be submitted in writing within ten days after such obstruction or observance of conditions, and in any event, before proceeding to execute this work, except in an emergency endangering life or property, the procedure shall then be as provided for changes in the work. Claims made after this time, or not made in writing will be refused and no claim shall be valid unless so made.

15. CONTRACT PERIOD The Agreement shall commence from the dates of January 25th – April 1st, 2016 unless terminated sooner in accordance with the provisions contained herein.

16. ASSIGNMENT OF WORK

At the time or award of the contract, an agreement number will be assigned to the Contractor who shall record this number on all invoices and statements submitted to the City for payment. Natural Resources Technician will assign work to the Contractor on site, based upon the attached map.

of 18

The Contractor shall contact the Natural Resources Technician weekly between the hours of 8:00 a.m. and 4:30 p.m. for the purpose of securing new work, submitting progress reports on the preceding week’s activities or review past or upcoming operations. This schedule shall be adhered to until discontinued by the Natural Resources Technician.

17. BASIS OF PAYMENT

The completed number of working hours (pruned to meet specifications) and the quote amount per working hour shall be used as a basis for computing payment. Example: Quote amount per working hour * number crew members working * hours worked = payment. On average not more than 6.5 working minutes per tree diameter inch may be billed on an invoice. This will be verified using the City’s tree inventory and pruned street segments on invoice. A submitted pay request for completed work is due before the 1st of the month and will be paid within 30 days of submission. Payment of invoice in total shall be made after satisfactory completion and acceptance of the work on that pay request. Payment will be made in accordance with the Official Quote Form.

18. INSURANCE All organization and individuals working in City of Shakopee Right-Of-Way and/or Easement areas are required to and shall provide a Certificate of Insurance verifying that insurance meets the following requirements is current and active.

Commercial general liability (CGL) insurance, with a limit of not less than $1,000,000 each occurrence. If such CGL insurance contains an annual aggregate limit, the annual aggregate limit shall be not less than $2,000,000.

The CGL insurance shall cover liability arising from premises, and operations; independent contractors; products and completed operations; personal and advertising injury contractually assumed liability.

The City shall be endorsed as an additional insured on the contractor’s CGL insurance and the Umbrella/Excess insurance if any. The Certificate of Insurance must specifically verify that the contractor is insured against claims for personal and bodily inquiry including death, as well as claims for property damage arising out of the (i) use and occupancy of the right-of-way by the contractor, its officers, agents, employees and permittees, and (ii) placement and use of facilities and equipment in the right-of-way by the contractor, its officers, agents, employees and permittees, including but not limited to, protection against liability arising from completed operations, damage of underground facilities and collapse of property.

of 18

The registrant shall maintain automobile liability insurance with a limit of not less than $2,000,000 combined single limit. The insurance shall cover liability arising out of any auto, including owned, hired, and non-owned vehicles. The Contractor shall maintain Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota or provide evidence of the qualification as a self-insurer of workers’ compensation. The Contractor’s Workers’ Compensation insurance shall include Employer’s Liability with minimum limits as follows:

$500,000 – Bodily injury by Disease per employee

$500,000 – Bodily injury by Disease aggregate

$500,000 – Bodily injury by Accident

An Umbrella or Excess Liability insurance policy may be used to supplement the Contractor’s policy limits on a follow-form basis to satisfy the minimum policy limits. Contractor’s policies shall be primary and non-contributory to any other valid and collectible insurance available to the City. The Certificate of Insurance shall state that Contractor’s insurance has been endorsed to require that the City be notified thirty (30) days in advance of cancellation of the policy or material modification of a coverage term.

19. LABOR

None but competent labor shall be employed on this work. Wherever skilled work is required, it shall be performed by skilled (or certified, if necessary) labor. The foreman or other person directing the work shall be competent and reliable.

20. DISCRIMINATION ON ACCOUNT OF RACE, CREED, OR COLOR PROHIBITED. State law provides that “every Contract for or on behalf of the State of Minnesota, or any county, city, borough, town, township, school, school district, or any other district in the State, for materials, supplies or construction shall contain provisions by which the Contractor agrees:

1. That, in hiring of common or skilled labor for the performance of any work under any contract, or any subcontract hereunder, no contractor, material supplier or vendor, shall, by reason of race, creed or color, discriminate against the person or persons who are citizens of the United States who are qualified and available to perform the work to which such employment relates:

of 18

2. That no contractor, material supplier, or vendor shall, in any manner discriminate against, or intimidate, or prevent the employment of any such person or persons, or on being hired, prevent, or conspire to prevent any such person or persons from the performance of work under any contract on account of race, creed or color;

3. That this contract may be canceled or terminated by the City, or any other person

authorized to grant contracts for such employment, and all money due, or to become due hereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this contract (Section 18.022-023 Minnesota Statutes)

21. INDEMNIFICATION

The Contractor shall indemnify and hold harmless the City and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys’ fees, which they may suffer or for which they may be held liable because of bodily injury, including death at any time resulting therefrom, sustained by any person or persons or on account of damage to property, including loss of use thereof, in consequence of the performance of the work by the Contractor, his employees, agents or subcontractors.

of 18

Appendix A.

Examples of pruning required:

Dotted lines represent branches removed.

Links below provide additional information on pruning required.

Young trees - http://hort.ifas.ufl.edu/woody/documents/ch_12_mw04.pdf

Mature trees - http://hort.ifas.ufl.edu/woody/documents/ch_13_mw06.pdf

http://hort.ifas.ufl.edu/woody/documents/ch_12_mw04.pdf

http://hort.ifas.ufl.edu/woody/documents/ch_13_mw06.pdf

of 18

Examples of pruning cuts required:

In reduction cuts (removing a larger trunk/parent branch back to a smaller side branch), the side branch

must be at least one-third the diameter of the trunk/parent branch removed. If the side branch is less

than one-third the trunk diameter, it is a heading cut. Heading cuts are not acceptable in pruning

standards.

of 18

Appendix B.

AGREEMENT BETWEEN CITY OF SHAKOPEE AND CONTRACTOR

FOR 2016 STREET TREE PRUNING

______________________ (Contractor) agrees to perform work in accordance with the above standards and specifications for $_________ per working hour.

DATED ________________________________________

BY ___________________________________________ Contractor ITS ___________________________________________ Owner/President CONTRACTOR ADDRESS: _________________________________ _________________________________ AUTHORIZED SIGNATURE: _________________________________ TITLE: _________________________________

CITY AUTHORIZING SIGNATURE: _________________________________

Sources: Esri, HERE, DeLorme, USGS, Intermap, increment P Corp., NRCAN, Esri Japan, METI, EsriChina (Hong Kong), Esri (Thailand), MapmyIndia, © OpenStreetMap contributors, and the GIS UserCommunity

±Trees2016 Street Tree Pruning Contract In general, street trees within outlined area are within the responsibility of this contract. Additions or subtractions may

be made at the City's will. Final map will be provided after award of contract.

0 500 1,000250Feet

<--Corner of 10th Ave & Fuller St

Consent Business 4. D. 1.


FROM: William H. Reynolds, City Administrator

DATE: 01/05/2016

SUBJECT: *Appointment of Finance Director (E)

Action SoughtTo authorize the hiring of Darin Nelson as Finance Director.

BackgroundOn August 18, Council authorized the hiring of Waters & Company to conduct executive recruitment services forthe position of Finance Director. Applications have been solicited and received, and both first and second roundinterviews have been conducted, involving a variety of city staff and officials. A thorough background check hasbeen conducted for the final candidate.

Based on this process, it is recommended that the City Council authorize the hiring of Darin Nelson as the City’snext Finance Director, subject to the completion of a pre-employment physical and drug test.

Mr. Nelson has 18 years of experience in the field of municipal finance. He is currently the Finance Director/CityTreasurer for the City of Fridley, MN and previously served as an Assistant Finance Director for the city ofMinnetonka and as Local Government Auditor for the Office of the State Auditor. He holds a Bachelor’s Degreein Accounting from Minnesota State University – Moorhead, and a Master of Public and Non-Profit Administrationfrom Metropolitan State University.

The proposed compensation and benefits for Mr. Nelson are as follows:

Starting Salary: Step B of Grade 12 of the City’s 2016 Pay Plan for Full-Time Employees ($126,363 peryear). Eligible for an increase to Step A ($130,722) effective on the anniversary date of employment, 2017.

1.

Vacation Leave: A starting balance of 40 hours, with credit for 10 years of service and accumulation of 160hours annually. (This is the second tier of our vacation accrual schedule for exempt employees with 6-15years of employment.)

2.

Sick Leave: Standard accumulation rate and cap as provided for in the Personnel Handbook.3.

Mr. Nelson will need to complete the required pre-employment physical/drug test and provide a 4 week notice tohis current employer, therefore his anticipated start date is on or about February 8, 2016.

RecommendationThat Darin Nelson be hired for the position of Finance Director, contingent upon successful completion of apre-employment physical/drug test and subject to a one year probationary period.

Budget ImpactPosition is currently allocated in the budget.

Relationship to VisionThis agenda item relates to Goal E: Deliver effective and efficient public services by a staff of well-trained, caring

This agenda item relates to Goal E: Deliver effective and efficient public services by a staff of well-trained, caringand professional employees.

Requested ActionApprove the hiring of Darin Nelson for the position of Finance Director with pay and benefits as outlined in thismemo and attachments, contingent upon successful completion of a pre-employment physical/drug test and subjectto a one-year probationary period.

Attachments: ResumeSigned Conditional Offer Letter

DARIN R. NELSON, CPA (Inactive), MPNA

Education University of Park II: Master’s Level – City Leadership Development,

October 2009. Metropolitan State University, Master of Public and Non-Profit

Administration, December 2008. Passed Certified Public Accountant examination, May 1998. Minnesota State University, Moorhead, Bachelor of Science in

Accounting, December 1996.Work Experiences

11/10 to Current Finance Director/City Treasurer, City of Fridley, Minnesota. Position includes: Planning, assigning, directing, and evaluating the activities of the

finance department and its employees. Developing and implementing policies, procedures, and internal

controls for the effective functioning of the department. Advising the City Manager in the preparation of the overall budget,

cash flow analysis, utility rate recommendations, as well as in thepresentation to the City Council.

Attending City Council meetings, various commission meetings, Boardof Review meetings, and HRA meetings.

Providing management and budgetary supervision for the InformationTechnology Division, which plans and participates in the selection,acquisition, installation, and operation of the City’s broaderinformation technology system.

Working closely with other City departments to maintain harmoniousrelationships throughout the organization and to ensure efforts aredirected toward common City goals.

Preparing professional and accurate verbal and written reports. Overseeing official City records for all departments, including revenue,

collections, disbursements, and deposits.

01/13 to 07/13 Interim City Manager, City of Fridley, Minnesota. Position includes: Responsibility for day-to-day operations of the City. Communicating with Council, staff, and the public. Preparing bi-monthly community newsletter. Preparing Council agendas and implementing Council adopted

policies.

04/05 to 11/10 Assistant Finance Director, City of Minnetonka, Minnesota. Position included: Supervising and coordinating activities of personnel to result in timely

output of data. Assisting the Finance Director in preparing the annual operating

budget and the five-year capital improvements plan.

DARIN R. NELSON, CPA (Inactive), MPNA

Preparing Comprehensive Annual Financial Report (CAFR) for reviewby external auditors.

Reconciling investments according to adopted city policy and Statelaw.

Coordinating control of finance, payroll, and utility billing accounts toassure accuracy and timeliness of financial output.

Maintaining information systems related to finance, payroll, and utilitybilling in conjunction with the LOGIS consortium while serving as theconsortium’s primary contact for these applications.

01/97 to 04/05 Local Government Auditor, Office of the State Auditor, Moorhead, Minnesota. Position included: Lead auditor on multiple audits. Preparing financial statements along with notes to the financial

statements. Evaluating and testing internal controls as a basis for reliance. Determining that compliance with Federal, State, and local laws and

charters are maintained. Performing Single Audits. Assisting clients with implementation of new accounting standards.

Personal Information

Current President of Minnesota Government Finance OfficersAssociation (MnGFOA) Executive Board

Member of MnGFOA Executive Board since 2012 Current member of the Governmental Finance Officers Association

(GFOA). Chair of the 2008 MnGFOA Program Committee. Current member of the Annual Accounting & Auditing Student

Conference Board of Directors.References

Available Upon Request.

SHAKOPEE

December 28, 2015

Mr. Darin R. Nelson

Re: Conditional Offer of Employment

Dear Mr. Nelson:

Congratulations on being selected for the Finance Director position with the City of Shakopee. Iampleased to extend this conditional offer of employment dependent upon the successful completion of anin-depth background check and pre-employment physical I drug test. Your position will have to beapproved by City Council as well.

The Finance Director position is a full-time, salaried position that is exempt from the federal Fair LaborStandards Act. Your starting salary is slated as Step B of Grade 12 of the City's Non-Union Pay Plan,and would be $126,363 for 2016. You would be eligible for a pay step increase on the one-yearanniversary of your starting date and future cost-of-living adjustments based on City Council action. Normal work hours for the position are 8:00 a.m. to 4:30p.m. Monday thru Friday, with some eveningand weekend work required for special projects, and City Council meetings.

We are offering a starting bank of 40 hours of vacation time, to cover a pre-arranged vacation in lateMarch, with credit for I0 years of service and vacation accrual at a rate equaling 160 hours, or 4 weeks,per year. You will also earn 12 sick days and 12 paid holidays per year. You would have a menu ofmedical and dental insurance options, with the exact cost to you dependent upon your selections. Lastly,you would be enrolled in the statewide pension plan for city and county employees, known as PERA.This plan provides an employer contribution of7.5% of your earnings and requires an employeecontribution of 6.5%.

If you have any questions regarding the position or the salary and benefits package, please don't hesitateto contact me, or our Acting Human Resources Manager Michelle Lindsay. Michelle can be reached at(952) 233-9315. If you are in agreement with the terms as stated above, please return a signed copy ofthis letter to me as soon as possible. Iwould like to have you slated for the January 5th approval of CityCouncil, if possible, with an anticipated start date on or about February 8, 2016 as determined by mutualconsent.

Sincerely,

Willian1H.Reynolds jCity Administrator

COMMUNITY PRIDE SINCE 1857129 Holmes Street South • Shakopee, Minnesota • 55379-1351 • 952-233-9300 • FAX 952-233-3801 • www.ShakopeeMN.gov

Consent Business 4. F. 1.


FROM: Jean McGann, Interim Finance Director

DATE: 01/05/2016

SUBJECT: *City Bill List (F)

Action SoughtAttached is the most recent monthly Financial Report for the General and EDA funds. These reports reflect theexpenditures as recorded for 2015 activity. The following transactions are notable for this reporting cycle:

Choice Electric has submitted the 1st invoice for the wiring of the football & softball field lighting at TahpahPark, $51,300.00The Engineering Department has requested the Trunk Storm Sewer Oversize Reimbursement be paid toDuke Realty, LP for Gateway South 1st Addition Project $258,447.00.The Building & Planning Department has purchased Plan Review Software from SHI International Corp,$59,494.00

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 $1,297,857.40 and payroll transfers in theamount of $987,124.16 for a total of $2,284,981.56.

Attachments: Bill ListMonthly Financial ReportCheck SummaryCheck Register

Funds transferred electronically December 16, 2015 to January 5, 2016

PAYROLL 535,768.50$

FIT/FICA 162,283.91$

STATE INCOME TAX 33,980.78$

PERA 158,824.69$

HCSP 40,731.29$

NATIONWIDE 18,146.67$

ICMA 3,219.24$

MSRS 6,081.58$

HEALTH SAVING ACCOUNT 7,139.19$

FSA 20,804.08$

MN WAGE LEVY 144.23$

987,124.16$



FROM: Lori Hensen, City Clerk

DATE: 01/05/2016

SUBJECT: *City Council Minutes (F)

Action SoughtApprove the City Council minutes from December 15 and 17, 2015.

Attachments: December 15, 2015December 17, 2015

D R A F TOFFICIAL PROCEEDINGS OF THE SHAKOPEE

CITY COUNCIL

REGULAR SESSION LOCATION Council Chambers City Hall 129 Holmes Street SouthSHAKOPEE MINNESOTA

7:00 p.m.

December 15, 2015

1. Roll Call

Present: Mayor Brad Tabke; Councilmember Matt Lehman; Councilmember Jay Whiting; CouncilmemberKathi Mocol; Councilmember Mike Luce

StaffPresent:

City Administrator Bill Reynolds; Public Works Director/Engineer Bruce Loney; City Attorney JimThomson; Parks and Recreation Director Jamie Polley; Senior Planner Mark Noble; City Clerk LoriHensen; Planner Alex Sharpe


3. Approval of Agenda Mr. Reynolds stated that there were two items to add to the Agenda:

Item 4.F.8., Updating list of individuals authorized to make bank transactions - Res. No. 7664

Item 3.1. Presentation of the 2015 Administrators Leadership Award to Bruce Loney.

Moved by Councilmember Jay Whiting, Seconded by Councilmember Matt Lehman to approve theAgenda as amended.

Vote: 5 - 0

1. 2015 Administrators Leadership Award Presentation to Bruce Loney Mr. Reynolds presented Bruce Loney, Public Works and Engineering Director with the 2015

Administrators Leadership Award.

4. Consent Business - (All items listed in this section are anticipated to be routine. After a discussion bythe Mayor there will be an opportunity for members of the Council to remove any items from theconsent agenda for individual discussion. Those items removed will be considered following the Publichearing portion of the agenda. Items remaining on the Consent Agenda will not be discussed and willbe approved in one motion.)

Cncl. Whiting requested that Item 4.A.3., Preliminary & Final plat of Canterbury Park Sixth

Addition, be removed for further discussion.

Moved by Councilmember Matt Lehman, Seconded by Councilmember Kathi Mocol to approve theConsent Agenda as amended.

Vote: 5 - 0


1. Preliminary Plat of Menden's Addition and Variance to Grade within a Wetland Buffer (B)

Motion to approve Resolution 7655 approving the Preliminary Plat for Menden's Addition and a

Variance to Grade within a Wetland Buffer at 2544 Fairhaven Drive. (Motion carried under theConsent Agenda)

2. Extension of Work Hours for Amazon Construction Project (B)

Motion to approve the continued suspension of City Code Sec. 130.45, Noise Elimination and Noise

Prevention, Subd. (C), Hourly Restrictions on Certain Operations, (4), for construction activity on thesite of the new Amazon facility at 4th Street and Shenandoah Drive. (Motion carried under theConsent Agenda)

3. Preliminary & Final Plat of of Canterbury Park Sixth Addition

Cncl. Whiting stated that he had some concerns regarding approval of Canterbury Park Holding

Corporation's Preliminary and Final Plat of Canterbury Park Sixth Addition. Canterbury ParkHolding Corporation has made application for Preliminary and Final Plat approval of CanterburyPark Sixth Addition, a plat proposing two lots and several outlots. The subject property is locatedSouth of 4th Avenue, West of CSAH 83, North of Eagle Creek Blvd., East of Shenandoah Drive, isapproximately 396 acres in size, and is presently used for Canterbury Park horse racing, gaming anda number of special events.

Cncl. Whiting stated that his concerns were in regards to the proximity of the new right of way onShenandoah Drive and the homes. Mr. Loney replied that there will be quite a bit of distance betweenthe Right of Way and the homes. Mr. Noble added that the distance between the edge of the Right ofWay and the edge of the homeowners decks would be 36 feet.

Cncl. Lehman added that if there is too much curve along with buffering it will create a blindintersection.

Cncl. Whiting thanked Mr. Sampson for working with the homeowners in the area.

Moved by Councilmember Jay Whiting, Seconded by Councilmember Kathi Mocol toapprove Resolution No. 7658 the Preliminary and Final Plat of Canterbury Park Sixth Addition.

Vote: 5 - 0

4. Authorization to Execute Documents for Bond Redemption Issued for the Benefit of RecoveryTechnology Solutions (RTS) (F)

Motion to approve Resolution No. 7662 which authorizes the mayor and city administrator to execute

all documents related to the potential sale of the RTS facility and the redemption of the RTS bonds.(Motion carried under the Consent Agenda)

B. Police and Fire

1. School Resource Officer Agreement Renewal for 2016.

Motion to authorize the appropriate city staff to enter into an agreement to extend the School

Motion to authorize the appropriate city staff to enter into an agreement to extend the SchoolResource Officer Agreement through the 2016 calendar year. (Motion carried under the ConsentAgenda)


1. Accept a Preliminary Engineering Report from WSB, Inc. for 4th Avenue and Shenandoah DriveImprovements Project 2015-7 - Res. 7661 (E)

Motion to approve Resolution No. 7661, a resolution receiving a Preliminary Engineering report and

calling for a public hearing on the 4th Avenue & Shenandoah Drive Improvements Project 2015-7.(Motion carried under the Consent Agenda)

2. Accept Work on the 2015 Bituminous Overlay, Project No. 2015-2, Res. No. 7639 (E)

Motion to Resolution No. 7639, a resolution accepting work on the 2015 Bituminous Overlay Project

No. 2015-2. (Motion carried under the Consent Agenda)

3. Accept Work on the CSAH 83 Culvert Improvements, Project No. 2015-3, Res. No. 7649 (E)

Motion to approve Resolution No. 7649 a resolution accepting work on the CSAH 83 Culvert

Improvements Project No. 2015-3. (Motion carried under the Consent Agenda)

4. Authorize Use of Re-purchase Agreements for Skid-steer Loaders (E)

Motion to authorize use of re-purchase agreement with Lano Equipment, Inc. for three (3) new

Bobcat S570 Skid-steer Loaders for the price of $13,296.00. Funding is to be expended from theCapital Equipment Internal Service Fund. (Motion carried under the Consent Agenda)

5. Accept Work on CSAH 17/Vierling Drive Pavement Rehab, Project No. 2013-5 andCSAH 17/Vierling Drive/TH 169 North Ramp Intersection Improvements, Project No. 2012-6 - Res.7665 (E)

Motion to approve Resolution 7665, a resolution accepting work on the CSAH 17/Vierling Drive

Pavement Rehab, Project No. 2013-5 and CSAH 17/Vierling Drive/TH 169 North Ramp IntersectionImprovements, Project No. 2012-6. (Motion carried under the Consent Agenda)

D. Personnel


1. Mighty Ducks Grant Acceptance, Res. No. 7657 (A, C)

Motion to approve Resolution No. 7657, A Resolution of the City of Shakopee Minnesota,

Accepting a Minnesota Amateur Sports Commission Mighty Ducks Grant for the Construction ofthe New Ice Arena and move its adoption. (Motion carried under the Consent Agenda)


1. City Bill List (F)

Motion to approve the bills and electronic funds transfers in the amount $1,478,026.26 and payroll

Motion to approve the bills and electronic funds transfers in the amount $1,478,026.26 and payrolltransfers in the amount of $577,526.30 for a total of $2, 055, 552.56. (Motion carried under theConsent Agenda)

2. City Council Minutes (F)

Motion to approve the City Council minutes of December 1, 2015. (Motion carried under the Consent

Agenda)

3. 2016 Tobacco License Renewals (F)

Motion to approve the applications and grant Tobacco Licenses for 2016. (Motion carried under the

Consent Agenda)

4. 2016 Taxicab Business License Renewals (F)

Motion to approve Taxicab Business Licenses for 2016. (Motion carried under the Consent Agenda)

5. 2016 Pawn Shop Business Renewals (F)

Motion to approve the applications and grant Pawnbroker Licenses for 2016. (Motion carried under

the Consent Agenda)

6. 2016 Fee Schedule - Ord. 924 (F)

Motion to Ordinance 924 which sets fees and charges for the City of Shakopee. (Motion carried

under the Consent Agenda)

7. Approve a Massage Therapy Business License & Massage Therapist License (F)

Motion to approve a Massage Therapy Business License & Massage Therapist License. (Motion

carried under the Consent Agenda)

8. Updating List of Individuals Authorized to Make Bank Transactions - Res. 7664 (F)

Motion to approve Resolution 7664 designating individuals authorized to perform certain banking

transactions. (Motion carried under the Consent Agenda)

5. RECOGNITION OF INVOLVED CITIZENS BY CITY COUNCIL - Provides an opportunity for thepublic to address the Council on items which are not on the agenda. Comments should not be morethan five minutes in length. The Mayor may adjust that time limit based upon the number of personsseeking to comment. This comment period may not be used to make personal attacks, to air personalitygrievances, to make political endorsements or for political campaign purposes. Council Members willnot enter into a dialogue with citizens, and questions from Council will be for clarification only. Thisperiod will not be used to problem solve issues or to react to the comments made, but rather forinformational purposes only.

James Jensen, 306 6th Avenue West, addressed the Council to express his concerns regarding the

James Jensen, 306 6th Avenue West, addressed the Council to express his concerns regarding theremoval of trees that are not yet diseased in the City. Mayor Tabke responded by briefly explainingthe Emerald Ash Borer Tree Management Plan that was adopted by the City. Mr. Loney alsoresponded and informed Mr. Jensen that the City plans to treat the best trees and only remove treesthat are not healthy and do not meet certain criteria.

Mr. Jensen also noted that the City should install a new population sign across the new bridge.

6. Public Hearings:

7. Business removed from the Consent Agenda will be discussed at this time See item 4.A.3.

8. Recess for Economic Development Authority Meeting:

9. Reconvene

10. General Business:


1. Request for Fee Waivers to Support Workforce Housing Project (B,D) UPDATED

This item was removed from the Agenda.

2. Zoning Text Amendment Creating the R-4, High Density Residential Zoning District

Mr. Sobota presented a Request for Fee Waivers to Support Workforce Housing Project. The Council

is asked to consider a request from MWF Properties for the waiver of certain City fees to support thefinancing of a workforce housing project.

Mr. Sobota stated that the City has received a letter from MWF Properties seeking alocal contribution to the financing of a workforce housing project adjacent to Targeton Marchall Road. The local financial support is needed in order to help MWF obtain state andfederal tax credits necessary to finance the project. Local financial support can be providedin multiple ways, however, MWF is suggesting that the Council consider the waiver of SAC fees anda portion of the Park Dedication fees that would be due on their proposed 57 unit workforce housingproject.

For the project in question, the City's contribution of $290,3000 in fee waivers would support theconstruction of 57 units of rental housing affordable to households with incomes between 30 and60% of the area median income.

Cncl.Lehman noted that the area being discussed is outside of the transit area. Mr. Sobota replied thatthe area is within proximity of a transit line, not a transit station. Cncl. Lehman asked if buses will bemaking stops on First Avenue. Mr. Sobota answered yes, it is anticipated that buses will make stopson First Avenue.

Cncl. Lehman asked what the need was for a higher density. Mr. Sobota answered that a higherdensity creates more choices for housing in the community, as well as a more efficient use of land.

Cncl. Luce asked where the buses will makes stop, and noted that the stops should not be on FirstAvenue. Mr. Sobota replied that the Northern Circulator Study is underway and stops could bediscussed as a part of the study.

Mayor Tabke stated that this request is only allowing the R-4 zone to exist, not necessarily putting itanywhere at this time.

Cncl. Whiting asked how this change will reflect the Met Council 2040 Comprehensive Plan.Mr. Sobota answered that the Met Council is supportive of this change.

Deb Barber, Met Council Representative, addressed the Council.

Cncl. Lehman asked why the Met Council feel the City needs higher densities. Ms. Barber answeredthat the Met Council is required by State statutes to provide information to Cities as to how to guidedevelopment. Cities then use the information to develop their Comprehensive Plans.

Cncl. Luce stated that in his opinion the Council needs more information to make a decision on this.

Cncl. Lehman would like to hold a workshop to discuss the issue in more detail.

Cncl. Whiting stated that in his opinion higher densities are important. He added that this is anopportunity for proposals to be brought forward to the Council.

Moved by Councilmember Jay Whiting, Seconded by Councilmember Kathi Mocol to approve theproposed text amendment that creates the R-4, High Density Residential District.

Vote: 3 - 2 Opposed: Councilmember Matt Lehman

Councilmember Mike Luce

3. Rezoning of Outlot A, Southbridge Crossings East 3rd Addition from B-1, Highway Business to R-4,High Density Residential and Comprehensive Plan Amendment to re-guide the property fromCommercial to High Density Residential

Mr. Sobota presented a request from Sand Companies regarding rezoning and a comprehensive plan

amendment to allow for the construction of an apartment development adjacent to the SouthbridgeTransit Station and River Valley Church. The parcel is currently zoned B-1, Highway Business and isguided for commercial development.

The applicant has presented two concept plans, each showing 300 units, which is a density of 24 unitsper acre (attached). If approved, the R-4 zoning district would permit 28 units per acre, with a 2 unit /acre. The specific concept plans are not for specific review as part of this application, they are strictlya concept of how the site could develop.

There is a significant stand of trees on the east side of the site that could be used as a buffer to theindustrial development to the east of the site. The applicant has completed a tree inventory and hasbeen in contact with Natural Resources staff regarding the requirements.

Adam Schmidt, a resident on Stagecoach Road, addressed the Council and expressed his concernsregarding added traffic on Stagecoach Road after the development. Mr. Loney stated that there arenot currently any plans to add lanes to Stagecoach Road.

Dan Buzicky, 1723 Stagecoach Road, had concerns regarding the Park Dedication fees and the City'sintent.

Shauna Brick, 8615 Boiling Springs Lane, expressed concern regarding traffic, and safety concerns inregards to first responder response time to the new development.

Leo Sand, the developer, stated that he appreciates all of the comments. He reviewed a concept planwith the Council.

Cncl. Mocol made a motion to approve Ordinance No. 926, and Cncl. Whiting Seconded the motion.Mr. Thomson recommended that the Council make two seperate motions for this item. He also notedthat there were typographical errors in the Resolution.

Cncl. Lehman asked Mr. Sand if he was willing to wait for approval until the Council was able tohold a workshop on the item. Mr. Sand agreed that he was willing to wait.

Moved by Councilmember Kathi Mocol, Seconded by Councilmember Jay Whiting to approveOrdinance No. 926 approving the rezoning of property from B-1, Highway Business District to R-4,High Density Residential District and Resolution No. 7660, a resolution amending the land use guidingin the comprehensive plan from Commercial to High Density Residential, and move its adoption.


Councilmember Mike Luce Moved by Councilmember Matt Lehman, Seconded by Councilmember Mike Luce to table Ordinance

No. 926 approving the rezoning of property from B-1, Highway Business District to R-4, High DensityResidential District and Resolution No. 7660, a resolution amending the land use guiding in thecomprehensive plan from Commercial to High Density Residential, until a Workshop can be held bythe City Council to further discuss the item.

Vote: 5 - 0 Moved by Councilmember Jay Whiting, Seconded by Councilmember Kathi Mocol to rescind the

original motion to approve Ordinance No. 926 approving the rezoning of property from B-1, HighwayBusiness District to R-4, High Density Residential District and Resolution No. 7660, a resolutionamending the land use guiding in the comprehensive plan from Commercial to High DensityResidential.

Vote: 5 - 0

B. Police and Fire


D. Personnel


1. Award of Construction Contracts for the Shakopee Ice Arena and Community Center Improvements,Project No. PR2015-3, Res. No. 7659 (A, B, C)

Ms. Polley addressed the Council regaridng the Award of Construction Contracts for the Shakopee

Ms. Polley addressed the Council regaridng the Award of Construction Contracts for the ShakopeeIce Arena and Community Center Improvements, Project No. PR2015-3, Res. No. 7659. The CityCouncil approved the plans and specification and authorized the advertisement for bids for the newice arena and Community Center renovations on October 20, 2015.

The total construction cost, including contingency and contractor's fee, of the project is$25,826,178.00. In addition to the construction costs are the owner costs including SAC/TWCcharges and permit fees, furniture, equipment, low voltage, security, contingency, etc. totaling$2,854,501.00. Design fees total $1,736,100.00. The total project cost is $30,416,779, this amountis listed in the Springsted report that the City Council received on November 17, 2015 and within theamount of the bonds adopted by Resolution No. 7640.

Cncl. Lehman asked where the funding for re-bidding was stated. Ms. Polley answered that theamounts are all included in the budget total.

Cncl. Lehman asked if there is a contingency in case the totals come in higher than projected. BrianRutger, RJM Construction, answered that if there was to be an adjustment to the numbers, higher orlower, RJM would be carrying a project contingency.

Mayor Tabke invited members of the Public to speak on the project.

Curtis Olson, 620 McDevitt Street, addressed the Council and expressed his opposition to the project.

Doug Devorak, 13720 Marystown Road, addressed the Council and expressed his opposition to theproject.

Alan Cruz, 2462 Thrush Street, addressed the Council and expressed his opposition to the project.

Kenny Farrell, 13460 Marystown Road, addressed the Council and expressed his opposition to theproject.

Ginny Tietz, 915 Sibley Street, addressed the Council and expressed her opposition to the project.

Leo Budija, 1798 Fox Run Street, addressed the Council and expressed his support of the project.

Matt Rudi, 1847 Quail Drive, addressed the Council and expressed his support of the project.

Doug Ochis, 1878 Cardinal Drive, addressed the Council and expressed his opposition to the project.

Tom Schaff, 1150 Menke Circle, addressed the Council and expressed his support for the project.

Robert Weikle, 630 4th Avenue West, addressed the Council and expressed his opposition to theproject.

Sarah Olson, 1636 Tarpan Street, addressed the Council and expressed her opposition to the project.

Jim Sorenson, 2585 Hohenstein Court, addressed the Council regarding his feelings on the project.

Mary Isaakson, 703 Lewis Street, addressed the Council and expressed her feelings on the project.

Kevin Wagner, 1363 Ridge Lane, addressed the Council and the audience and expressed his feelingsin regards to the project.

Trina Thayer, 1640 Wexford Lane, addressed the Council and expressed her support for the project.

Cncl. Lehman stated that he is concerned that the total costs for this project are still unknown. He isalso concerned that it will be a substantial impact on the levy, and the quality of life for the taxpayers.He is concerned that the third party survey that was conducted has not been followed, and in hisopinion this project will divide the community for years to come.

Cncl. Whiting stated that there must be a balance in the community. Community Centerimprovements have been discussed for many years and never moved forward.. He stated that in hisopinion the Senior center is a very important amenity. Cncl. Whiting added that he feels sponsorships,donations and advertising opportunities are very possible once there is a project to sponsor. He addedthat this project could propel the City into the next phase of development.

Cncl. Mocol stated that she feels as long as the Parks and Recreation programs continue todemonstrate the character of the children involved and the values of teamwork, the programs shouldcontinue to be supported.

Cncl. Luce stated that he is in favor of a community center project, but it needs to be done with abetter plan.

Mayor Tabke stated that the City does not currently have the amenities necessary for young peopleand seniors. He added that the City is in better shape fiscally that it has ever been and that now it thetime to move forward with this project. If it is delayed another 5 years the cost could rise $5 to $10million dollars.

Moved by Councilmember Jay Whiting, Seconded by Councilmember Kathi Mocol to approveResolution No. 7659, a resolution awarding contracts for the construction of the Shakopee Ice Arenaand Community Center Improvements, Project No. PR2015-3.


Other: Councilmember Mike Luce (ABSTAIN)

2. Approve Construction Administration Services for 292 Design Group (A, B, C)

Moved by Councilmember Kathi Mocol, Seconded by Councilmember Jay Whiting to authorize the

extension of the contract with 292 Design Group to include the construction administration services forthe construction of the new ice arena and community center renovations.


3. Approve an Amended Contract with RJM Construction, Inc. (A, B, C)

Moved by Councilmember Kathi Mocol, Seconded by Councilmember Jay Whiting to enter into

a Construction Management At-Risk contract with RJM Construction for construction of the new icearena and community center renovations.



11. Other Business

12. Closed Session

A. City Administrator Performance Evaluation

Moved by Councilmember Kathi Mocol, Seconded by Councilmember Matt Lehman to go into closed

session under Minnesota Statute 13.D.05, subdivision 3 (A) to conduct a performance evaluation of theCity Administrator.

Vote: 5 - 0

13. Adjourn to December 17, at 6:30 p.m.

Lori HensenActing City Clerk

Heidi EmersonRecording Secretary

D R A F TOFFICIAL PROCEEDINGS OF THE SHAKOPEE

CITY COUNCIL

REGULAR SESSION LOCATION Council Chambers City Hall 129 Holmes Street SouthSHAKOPEE MINNESOTA

7:00 p.m.

December 17, 2015

1. Roll Call

Present: Mayor Brad Tabke; Councilmember Matt Lehman; Councilmember Jay Whiting;Councilmember Kathi Mocol; Councilmember Mike Luce

StaffPresent:

City Administrator Bill Reynolds; Parks and Recreation Director Jamie Polley; City Clerk LoriHensen


3. Approval of Agenda Moved by Councilmember Jay Whiting, Seconded by Councilmember Kathi Mocol to approve the

Agenda. Vote: 5 - 0

4. Public Hearings:

A. Qualified 501(c)(3) Tax Abatement Bonding to Finance Community Center/Ice Arena Project

Mr. Reynolds presented a public hearing on the proposal to designate tax abatement bonds

“qualified 501(c)(3) bonds” pursuant to Section 145 of the Internal Revenue Code and specificallyto identify one or more nonprofit organizations exempt from federal income taxation under Section501(a) of the Code, as a result of the application of Section 501(c)(3) of the Code as qualified501(c)(3) users of the project.

Mr. Reynolds explained that on June 30th, 2015 Council directed staff to proceed with thenecessary steps to utilize tax abatement bonds to fund the proposed Community Center Project. OnSeptember 22nd, a public hearing on the proposal to issue tax abatement bonds was conducted withthe subsequent approval of Resolution 7615 authorizing the use of tax abatement bonds. OnNovember 17th, Council authorized the issuance and sale of general obligation tax abatementbonds, series 2016A, in the proposed aggregate principal amount of $31,845,000, and set the sale ofthe bonds for December 17th, 2015 with a follow-on special council meeting on that date to awardthe sale of the bonds.

Julie Eddington, of Kennedy & Graven, explained 501 (c)(3) bonds.

Moved by Councilmember Matt Lehman, Seconded by Councilmember Jay Whiting to open thePublic Hearing.

Vote: 5 - 0

Mayor Tabke asked if anyone in the audience would like to speak at the Public Hearing, No oneresponded.

Moved by Councilmember Jay Whiting, Seconded by Councilmember Kathi Mocol to close thePublic Hearing.

Vote: 5 - 0

5. General Business

A. General Administration

1. Sale of Tax Abatement Bonds to Fund the Community Center/Ice Arena Project - Res. No. 7663

Mr. Reynolds addressed the Council regarding the Sale of Tax Abatement Bonds to Fund the

Community Center/Ice Arena Project - Resolution No. 7663. Series 2016A, in the originalaggregate principal amount of $31,845,000; fixing their form and specifications; directing theirexecution and delivery; and providing for their payment.

Paul Steinman, Financial Advisor for the City of Shakopee, reviewed the bids that were receivedincluding the lowest bid, and that the contract was awarded to Morgan Stanley. Mr. Steinman alsoexplained the Premium dollars that were received by the City and how it lowered the amount thatwas borrowed.

Cncl. Lehman inquired about certain Statutes that pertain to referendums and Park and Recreationaluses. Ms. Eddington answered that the Abatement Act allows the City to use general obligationbonds without a referendum for this type of facility.

Cncl. Lehman asked if the disclosure includes the long term operational costs for the CommunityCenter structure as a City liability. Ms. Eddington responded that the Community Center will be apart of the City's general audit report.

Moved by Councilmember Jay Whiting, Seconded by Councilmember Kathi Mocol to approveResolution No. 7663 awarding the sale of general obligation tax abatement bonds, Series 2016A, inthe original aggregate principal amount of $29,500,000.00; fixing their form and specifications;directing their execution and delivery; and providing for their payment.

Vote: 5 - 0 Mayor Tabke thanked Staff for all of their hard work on the Community Center project.

Cncl. Whiting discussed working to find a balance in the community in regards to the CommunityCenter. He asked mayor Elect Mars to consider forming a committee to review the programs, fee'sand advertising opportunities to maximize the best outcome for the new facility.

6. Other Business There was none.

7. Adjourn to January 5, 2016 at 7:00 p.m. Moved by Councilmember Matt Lehman, Seconded by Councilmember Jay Whiting to adjourn. Vote: 5 - 0

Lori HensenActing City Clerk

Heidi EmersonRecording Secretary




DATE: 01/05/2016

SUBJECT: *Designation of Official Newspaper (F)

Action SoughtCity Council is asked to designate the official newspaper for 2016.

BackgroundThe city is required by law to publish certain matters in its official newspaper, during the course of the year. Wepublish the Council Minutes (motions primarily), ordinances, resolutions when required by law, notices of publichearings on planning matters and public improvement projects and advertisement for bids. It is appropriate that thisdesignation be made at this time.

To be qualified as a medium of official and legal publication, a newspaper must meet certain qualifications setforth by State Law. To name a few, it must be printed in the English language in newspaper format; be distributedat least five days each week, if a daily, or twice a month if not a daily; be circulated in the political subdivisionwhich it purports to serve, and either have at least 400 copies regularly delivered to paying subscribers, or 400copies regularly distributed without charge to local residents; have its known office of issue established either in thecounty in which it lies in whole or in part, the political subdivision which the newspaper purports to serve, or in anadjoining county; file a copy of each issue immediately with the State Historical Society.

The city has received the attached letter from Laurie Hartmann asking that the city consider appointing theShakopee Valley News as its official newspaper.

The city will continue to submit legal notices via e-mail, as it has been done since 1999, resulting in a reduced rateof $6.22 per-inch rate. This reflects no increase in the rate charged since 2010. Legal notices requiring specialhandling will be billed at the rate of $12 per column inch for the first insertion and $8.75 per column inch forsubsequent insertions.

The city has had a very good working relationship with the Shakopee Valley News. They have been veryaccommodating in publishing notices that were sent to them after their deadline and have published them wheneverpossible. Their staff have been very helpful and courteous.

Relationship to VisionGoal F: Housekeeping

Recommended ActionDesignate the Shakopee Valley News as the official newspaper for the City of Shakopee for the year 2016.

Attachments: Shakopee Valley News Letter




DATE: 01/05/2016

SUBJECT: *Approve the Temporary On-Sale Liquor License for St. Joachim & Anne (F)

Action SoughtAuthorize the issuance of a temporary on-sale liquor license for Winterfest being held by the Parish of St. Joachim& Anne (St. Mark's Church).

BackgroundThe Parish of St. Joachim & Anne has made application for a temporary on-sale liquor license for January 30, 2016for their annual Winterfest to be held at 350 S. Atwood Street in St. Mark's gym and cafeteria.

The application is in order, and has been cleared by the Chief of Police.


Requested ActionApprove the temporary on-sale liquor license to the Parish of St. Joachim & Anne (St. Mark's Church), 350 SouthAtwood Street, for January 30, 2016.



FROM: Samantha DiMaggio, Economic Development Coordinator

DATE: 01/05/2016

SUBJECT: *Request for Fee Waivers to Support Workforce Housing Project -- MWF Properties, Res. No. 7656(B,D)

Action SoughtThe Council is asked to consider a request from MWF Properties for the waiver of certain City fees to support thefinancing of a workforce housing project.

BackgroundThe City has received the attached letter from MWF Properties seeking a local contribution to the financing of aworkforce housing project adjacent to Target on Marschall Road. The local financial support is needed in order tohelp MWF obtain state and federal tax credits necessary to finance the project. Local financial support can beprovided in multiple ways, however, MWF is suggesting that the Council consider the waiver of SAC fees and aportion of the Park Dedication fees that would be due on their proposed 57 unit workforce housing project.

CityFeePerUnit

Residential TOTALDUE

Requestedto be

WaivedRemainderto be Paid

MetropolitanCouncil SAC

Fees$2,485 57

$141,645 $141,645 0

City SACFees $475 57 $27,075 $27,075 0

City ParkDedication

Fee$4,450 57 $253,650 $121,280 $132,070

Total 57 $422,370 $290,000 $132,070

Some form of local financial participation in affordable housing developments is common in order to achieve therental rates needed by those households earning 30 - 60% of the area median income. It is also needed, as is thecase with this project,in order to open the doors to other funding and financing mechanisms which either require a local participation orfavor those projects that have it.

The City of Shakopee's most recent participation in an affordable housing project came in 2012 when a housingTIF district was established to provide financial support for the All Saints Senior Living facility. In exchange, theCity was guaranteed that 20% of the units (17 units in a building of 84 total units) would be affordable to peoplewith incomes no greater than 50% of the median income in Scott County. This TIF financing provided $1 million infinancial assistance for the development of 17 affordable units.

For the project in question, the City's contribution of $290,3000 in fee waivers would support the construction of 57

For the project in question, the City's contribution of $290,3000 in fee waivers would support the construction of 57units of rental housing affordable to households with incomes between 30 and 60% of the area medianincome. Representatives of MWF Properties will be in attendance at the Council meeting to present their requestand answer questions.

Lastly, it should be noted that if the Council is interested in providing local financial support for the project, butdetermines that it does not wish to do so in the form of fee waivers, it could direct staff to return with alternativemeans of local financial support at a future meeting.

RecommendationThe Minnesota Housing Finance Agency (MHFA) awards a score to each project with the highest scoring projectsreceiving funding. In order for MWF Properties, LLC to have a competitive application, it requires a localgovernment contribution, therefore staff is recommending the waiver of $168,720 in Sewer AvailabilityCharges and $121,280 Park Dedication Fees with a total local contribution of $290,000.

Budget ImpactThe Sewer Availability Charge (SAC) fees for the proposed development are projected to be 57 units valued at$27,075 in City SAC and $141,645 in Metropolitan Council SAC with a total value of $168,720 in SewerAvailability Charges. The total Park Dedication Fee is projected to be $253,650 and a 48% reduction in thisfee would total $121,280.

Relationship to VisionThis supports Goals B: Positively manage the challenges and opportunities presented by growth development andchange, and D: Maintain, improve and create strong partnerships with other public and private sector entities.

Requested ActionIf the City Council concurs, it should by motion, adopt Resolution No. 7656, A Resolution of the City of ShakopeeAuthorizing the Waiver of 48% of the City Park Dedication fee's totaling $121,280, and the waiver of 57 SewerAvailability Charge units valued at $27,075 in City SAC and $141,645 in Metropolitan Council SAC with the totalwaiver of fee's for this project not to exceed $290,000.

Attachments: Request from MWFApplicationRes. No. 7656

1

RESOLUTION NO. 7656

A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING A FEE WAIVER REQUEST FOR MWF PROPERTIES TO SUPPORT THE

DEVELOPMENT OF A WORKFORCE HOUSING PROJECT

WHEREAS, MWF Properties, LLC, applicant, and Virginia T Hauer Trust, property owner, have requested waiving fees associated with development on a Multiple Family zoned parcel east of Sarazin Street and north of Downing Avenue.

WHEREAS, this parcel is presently zoned Multiple Family (R3); and WHEREAS, the property upon which the request is being made is legally described as:

Brittany Village 1st Addition Outlot B; and

WHEREAS, the Sewer Availability Charge (SAC) fees for the proposed development are projected to be 57 units valued at $27,075 in City SAC and $141,645 in Metropolitan Council SAC with a total value of $168,720 in Sewer Availability Charges; and

WHEREAS, the total anticipated Park Dedication fee for 57 units of multiple family housing is $253,650, MWF Properties, LLC, is requesting a 48% reduction in these fee’s which totals $121,280; and WHEREAS, the applicant has requested that the City waive $168,720 of the SAC fees and $121,280 of the City Park dedication fees for a total $290,000; and

WHEREAS, The City finds that financial support or incentive to housing projects that serve between 30% to 60% of the area median income is in keeping with the City’s housing goals;

THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF

SHAKOPEE, MINNESOTA, that fees not to exceed $290,000 shall be waived for MWF Properties for the development of a 57-unit multiple family housing project on the parcel legally described above. Adopted in the ___________ session of the City Council of the City of Shakopee, Minnesota, held the _____ day of January, 2016. _____________________________ Mayor of the City of Shakopee ATTEST: ______________________________ Lori Hensen, City Clerk




DATE: 01/05/2016

SUBJECT: *Premises Permit for Shockwaves Waterski Club, Res. No. 7668 (F)

Action SoughtApprove Resolution 7668, a resolution of the City of Shakopee approving a premises permit for ShockwavesWaterski Club located at the Shakopee American Legion, 1266 First Avenue East.

BackgroundThe Shockwave Waterski Club is applying for a premises permit for gambling activities at the Shakopee AmericanLegion located at 1266 First Avenue East. The permit will ultimately be issued by the State Gambling ControlBoard. When application is made, the Board requires that the local unit of government pass a resolutionspecifically approving or denying the application.


Requested ActionApprove Resolution 7668, a resolution of the City of Shakopee approving the premises permit for ShockwavesWaterski Club located at the Shakopee American Legion, 1266 First Avenue East.

Attachments: Resolution 7668

RESOLUTION 7668

A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA,APPROVING PREMISES PERMIT FOR SHOCKWAVES

WATERSKI CLUB

_____________________________________________________________________________

WHEREAS, the 1990 legislature adopted a law which requires municipal approval in order for the Gambling Control Board to issue or renew premises permits; and

WHEREAS, the Shockwaves Waterski Club is seeking a Premises Permit for the site at the American Legion, 1266 First Avenue East, Shakopee, Minnesota.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS:

That the Premises Permit for the Shockwave Waterski Club at the American Legion, 1266 First Avenue East, Shakopee, Minnesota, be approved.

Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 5th day of January, 2016.

_________________________________Mayor of the City of Shakopee

ATTEST:

City Clerk

1/5/16 shakopee city council meeting packet

News & Politics