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HomeMy WebLinkAbout09/05/2000 TENTATIVE AGENDA CITY OF SHAKOPEE SEPTEMBER 5, 2000 REGULAR SESSION SHAKOPEE, h9INNESOTA LOCATION: 129 Holmes Street South Mayor Jon Brekke presiding 11 Roll Call at 7:00 p.m. 2] Pledge of Allegiance 31 Approval of Agenda 41 Mayor's Report 5 Approval of Consent Business — (All items noted by an * are a nticipated the to b e Council t A o fter a ] discussion by the Mayor, there will be an opportunity for members remove items from the consent agenda for individual Th items remaining on the consent be considered in their normal sequence on the agenda. agenda will otherwise not be individually discussed and will be enacted in one motion.) 6] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS — (Limited to five minutes per person/subject. Longer presentations roa h the microphone at th e l podium for he As this meeting is cablecast, speakers must app benefit of viewers and other attendees.) 7] Approval of Minutes: July 5, 2000 *91 Approval of Bills in the Amount of $694,365.88 91 Proposed Franchise Fee Ordinance 101 Communications 11] Liaison Reports from Council Members 121 Recess for Economic Development Authority meeting 131 Re- convene 141 Recommendations from Boards and Commissions A] Preliminary Plat of Pheasant Run 6 th Addition, located north of Valley View Road, east of CSAH 17, and south of 17 Avenue — Res. No. 5406 for property located B] Rezoning Request from AG to Planned Residential District (PRD) south of Hwy. 169 and west of 11' Avenue extended — Ord. No. 577 C] Suspend all Grading Permits until Adoption of Tree Preservation Ordinance TENTATIVE AGENDA September 5, 2000 Page 2 151 General Business A] Parks and Recreation B] Community Development * 1. Repeal of Individual Septic Treatment System (ISTS) Ordinance Provisions, Ordinance No. 579 *2. Upholding Board of Adjustment and Appeals' Approval of a Conditional Use Permit for SA Auto Sales — Res. No. 5405 C] Public Works and Engineering 1. Grading Permit for Valley Park 12�' Addition *2. Authorize Preparation of Feasibility Report for Improvements to Vierling Drive from CR 15 to the West Plat Line of Orchard Park West PUD — Res. No. 5407 *3. Amending Right -of -Way Ordinance — Ordinance No. 578 *4. Amending Fees for Administration of Public Rights -of -Way — Res. No. 5408 *5. Approve Plans and Specs for Trunk Watermain Extension from Southbridge Parkway to Stagecoach Road, Project 2000 -5 —Res. No. 5412 *6. Suspend Hourly Restrictions on Construction Activities — TMI Coatings, Inc. D] Police and Fire * 1. Task Force Participation — Res. No. 5403 *2. Donation from Shakopee Valley Printing 3. Dial -A -Ride Driver Background Investigations *4. Donation from Target Store Corporation E] Personnel * 1. Amendment to Flexible Benefits Plan/Cafeteria Plan — Res. No. 5404 *2. Approve Hiring of an Engineering Technician II *3. Accept Resignation and Authorize Advertisement for Maintenance Worker F] General Administration: 1. Preliminary Refuse and Recycling Request for Proposals (RFP) *2. Temporary On -Sale Liquor License — Historic Murphy's Landing 3. Levying a Tax at the Request of the Economic Development Authority —Res. 5411 4. Setting Proposed Maximum 2000 Tax Levy Collectible in 2001— Res. No. 5409 5. Canceling Debt Service Levies for 2000 /2001 — Res. No. 5410 16] Council Concerns 17] Other Business 18] Adjourn to Wednesday, September 6, 2000 at 4 :30 p.m. I�CONONHC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF - • M Regular Meeting 1. Roll Call at 7:00 P.M. 2. Approval of the Agenda September 5, 2000 3. Approval of Consent Business — (All items noted by an —� are anticipated to be routine. After a discussion by the President, there will be an opportunity for members of the EDA to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 4. - +Approval of Minutes: July 5, 2000 5. Financial —� Approval of Bills 6. 2000 Tax Levy and Budget Adoption Resolution No. 00 -02 7. Other Business 8. Adjourn O FFICIAL PR O CEE DINGS OF :1 SH AKOPEE , M REGULAR SESSION July 5, 2000 M embers Present: President Amundson, Morke, Sweeney, Link, Brekke Members Absent: None Approval of Agenda Sweeney/Morke moved to approve the agenda as presented. Motion carried unanimously. A. Approval of Minutes for May 16, 2000 Sweeney/Morke moved to approve the May 16, 2000 meeting minutes. Motion carried unanimously. Financial A.) Approval of Bills There were no bills. Other Business There was no other business. Aiournent Sweeney/Morke moved to adjourn the meeting to Tuesday July 18, 2000 at 7:00 p.m Motion carried unanimously. The meeting adjourned at 10:49 p.m. Ju �thS. Cox, EDA Secretary arole Hedlund, Recording Secretary te l.SJli/�G , 'V l /r CITY OF SHAKOPEE Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: August 10, 2000 Introduction Attached is a listing of bills for the EDA for the period 07/28/2000 TO 08/10/2000. Action Requested Move to approve bills in the amount of $1,980.97 for the EDA General Fund (0191) and $19,160.93 for the EDA TIF District #10 (9447), TIF payment to Trustee for bonds. 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Action Requested Move to approve bills in the amount of $151.30 for the EDA General Fund (0191). h Ei \ Ix H O M a \ w 00 p; O >+ w H 0 H � ID H � Ei U ect r+ it o O O O o 11 H II O O O O O If q 11 - II Wfx O O O O O II ;i U 11 11 O O O O O II It M M M M M II H II - II H II H H H H H II PQ 11 Ln LLl Ln Lr) Ln II W 11 H 1-1 H 1-I H II q II I It it Ei II CA to II m Ul II O II II II co II H II m C*i II H F4 11 Ei f4 II M zl OI H I Ei al H I U I �I W I q I i 04 H 0 it � u I II II U II W II x O II U z 11 q� w a z O H to W a O a a w x q W z z W x co H N N L[1 O O O O N O M co O i� c-I Ln � � H H H H O z q O H � H rx vl C� M L7 H c O > !x cx H O H a q w rn C, O O F:4 C=+ F�l H O FC Ln H H 1-1 O O H Ei H -K is ic H O H q C7 N m H U r4 A M a n El 1 1 10] 940 - M - 11751 , wiy I I TO: EDA Chairman and Commissioners Mark McNeill, EDA Director FROM: Gregg Voxland, Finance Director RE: 2000 Tax Levy And Budget Adoption Resolution DATE: August 31, 2000 Introduction Attached is Resolution Number 00 -2 which requests the Shakopee City Council to consent to the tax levy for the EDA, levy a tax for the EDA and adopts the 2001 budget. Background There are two statutes under which a tax for the purposes of the EDA may be levied. The major differences as far as the levy is concerned are: MSA 469.107 has broader purposes allowed than 469.003 but the distinction is not clearly defined. Basically, the HRA levy is for redevelopment. The EDA levy is for redevelopment and new development and is included under the city's levy limit. Resolution No. 00 -2 has been prepared with a levy of $47,010 under the HRA levy MSA 469.033 and $47,010 (after reduction for HACA) under the EDA levy MSA 469.107. Last year the levies were $0 under the HRA levy MSA 469.033 and $0 (after reduction for HACA) under the EDA levy MSA 469.107. The proposed budget is attached with appropriations in the amount of $234,520. Included are the tax payments to ADC from the City and the County. Other costs not included but borne by the General Fund of the City are utility costs, administrative overhead such as accounting and bill processing /payroll, publishing, postage, and other employees time on related issues. Some allowance ($3,280) has been made in the wages amount for charge -ins from Community Development. HRA EDA 469.033 469.107 Levied by EDA City City consent yes yes Under City levy limit no yes 2000/01 EDA levy limit $184,590 $232,400 MSA 469.107 has broader purposes allowed than 469.003 but the distinction is not clearly defined. Basically, the HRA levy is for redevelopment. The EDA levy is for redevelopment and new development and is included under the city's levy limit. Resolution No. 00 -2 has been prepared with a levy of $47,010 under the HRA levy MSA 469.033 and $47,010 (after reduction for HACA) under the EDA levy MSA 469.107. Last year the levies were $0 under the HRA levy MSA 469.033 and $0 (after reduction for HACA) under the EDA levy MSA 469.107. The proposed budget is attached with appropriations in the amount of $234,520. Included are the tax payments to ADC from the City and the County. Other costs not included but borne by the General Fund of the City are utility costs, administrative overhead such as accounting and bill processing /payroll, publishing, postage, and other employees time on related issues. Some allowance ($3,280) has been made in the wages amount for charge -ins from Community Development. The EDA needs to adopt a proposed maximum levy and budget amount by September 15 for certification to the County Auditor. That levy will be used for the tax notice mailed to property owners. When the EDA budget was reviewed by the Commissioners, there was not a number in the budget for tax revenue. The amount currently shown yields a balanced budget. Action Offer Resolution Number 00 -2, A Resolution Setting The Tax Levy For 2000/01 By The Economic Development Authority For The City of Shakopee And Adopting The 2001 Budget, and move its adoption. G xland Finance Director g: \budget0l \budres01 RESOLUTION NO. 00 -2 A RESOLUTION SETTING THE TAX LEVY FOR 2000/01 BY THE ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE AND ADOPTING THE 2001 BUDGET WHEREAS, the Economic Development Authority (EDA) in and for the City of Shakopee was created pursuant to Minnesota Statutes, Section 469.051 et seq., as amended, and WHEREAS, Section 469.107 states that for economic development purposes, the governing body of the municipality may levy a tax at the request of the EDA, and Section 469.033 states that for redevelopment purposes, the EDA may levy a tax with the consent of the governing municipality, and WHEREAS, the By -Laws of the EDA for the City of Shakopee provides that a budget be prepared on an annual basis, NOW, THEREFORE, BE IT RESOLVED BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF SHAKOPEE, MINNESOTA, that the EDA hereby requests the City Council of the City of Shakopee to levy a special tax of $47,010 pursuant to MSA 469.107 (after reduction for $0 in HACA aid) to be collected in 2001 for the EDA by the City of Shakopee. BE IT FURTHER RESOLVED, that the EDA levies a special tax of $47,010 pursuant to MSA 469.033 to be collected in 2001 by the EDA and hereby requests the City Council of the City of Shakopee to consent to such levy. BE IT FURTHER RESOLVED, that the attached 2001 General Fund Budget be approved with total appropriations in the amount of $234,520. Adopted in session of the Shakopee Economic Development Authority for the City of Shakopee, Minnesota, held this day of September, 2000. Chairman ATTEST: Executive Director CITY OF SHAKOPEE 2001 BUDGET EDA FUND BUDGET SUMMARY Revenue Taxes Intergovernmental Charges for Service Interest Miscellaneous Total Revenue Transfers Total Revenue and Transfers Expenditures Personal Services Supplies & Services ADC Payment Contingency Total Expenditures Excess (Deficiency) Of Revenues over Expenditures & Transfers Fund Balance December 31 1998 1999 2000 2001 Actual Actual Budget Proposed $ 101,323 $ 109,058 $ - $ 47,010 5,387 96,048 98,932 127,510 27,734 16,323 18,000 8,000 39,430 1,000 173,874 222,429 116,932 182,520 (45,000) 57,000 52,000 173,874 177,429 173,932 234,520 49,638 55,133 64,880 69,520 93,129 174,829 32,500 32,500 150,000 132,500 142,767 229,962 247,380 234,520 $ 31,107 $ (52,533) $ (73,448) $ - 469,719 417,186 396,271 396,271 Note: 2001 ADC pmt city @$50,000 & county @$82,500. 2001 CITY OF SHAKOPEE PROGRAM BUDGET WORKSHEET Economic Development Authority Fund Object # Description 4101 Wages FT - Reg. 4110 Wages -Temporary 4121 PERA 4122 FICA 4131 Health & Life 4151 Workers Comp 4170 Compensated Absences Total Personnel Program Program 190 191 Benefits Management $ 55,040 $ 6,000 400 1,000 7,400 Total 55,040 2,860 4,220 6,000 400 1,000 69,520 4210 Operating Supplies 4310 Professional Services 4320 Postage 4321 Telephone 4330 Travel /Subsistence 4340 Advertising 4350 Printing /Publishing 4360 Insurance 4390 Conferen ce/Schoo [/Train ing (ED[, NDC) 4410 Rents 4430 Designated Miscellaneous (ADC) 4433 Dues (AEDC, EDAM, CUED, C. of C.) 4435 Subscriptions /Publications 4490 Contingency Total Supplies & Services 4550 Capital Expenditures Total EDA 2,860 4,220 62,120 1,000 23,000 100 300 500 200 500 2,400 1,500 1,500 132,500 1,000 500 1,000 23,000 100 300 500 200 500 2,400 1,500 1,500 132,500 1,000 500 165,000 165,000 $ 7,400 $ 227,120 $ 234,520 REGULAR SESSION SHAKOpEE, NMiNESOTA 000 The meeting was called to order at 7:00 p.m. with Council members Morke, Link, Amundson, Sweeney and Mayor Brekke present. Also present: Bruce Loney, Public Works Director, Judith S. Cox, City Clerk; Mark McNeill, City Administrator, Tim Thomsen, City Attorney; and Tracy Coenen, Management Assistant; The pledge of allegiance was recited. The following items were added to the agenda. 151.6. An Energy Service Agreement with Nfmegasco and 151.7. A Memo from Vision Shakopee. Morke/Amundson moved to approve the agenda as modified. Motion carried unanimously. Morke/Sweeney moved to approve the Consent Agenda as modified. Motion carried unanimously. Mayor Brekke asked if there were any citizens present in the audience who wished to address any item not on the agenda. Craig Ballard, 705 1 Avenue East, approached the podium with some concerns. He felt there were some procedural improprieties regarding notification, findings being given to the Planning Commission and some reports being incomplete relating to planning matters. He would also like some community development consideration given on I' Avenue East; he thought this was an important corridor. Dave Czaja, 5262 Eagle Creek Boulevard, approached the podium with concerns on the level of Dean's Lake. He had concerns regarding the weir, construction, and the operation of the weir. Mr. Loney reported that he had communication with Pat Lynch, of the DNR and Pete Willenbring, WSB and Associates, Inc, regarding the weir and the design of it. That weir was required for the Southbridge addition, therefore, the investigation is needed. Mr. Loney said all d emits were obtained. He will review the concerns and come back with a follow up require p Official Proceedings of the July 5, 2000 Shakopee City Council Page 2 report. Before the report, an investigation was needed. Morke /Sweeney moved to approve the minutes of May 15, 2000 and May 16, 2000. (Motion carried under the Consent Agenda.) Morke /Sweeney moved to approve the bills in the amount of $319,692.96. (Motion carried under the Consent Agenda.) Mayor Brekke informed the audience that a Council member requested that the rezoning issue be discussed before the vacation issue. He asked the audience if they were opposed to this. Mayor Brekke opened the discussion of the rezoning issue. He said this was not a public hearing but comments would be taken from the audience. R. Michael Leek, Community Development Director, approached the podium and reported on the rezoning from Old Shakopee Residential (R -1C) to Medium Density Residential (R-2) for property located south of 4 th Avenue and west of Adams Street_ This request requires an amendment to the Zoning Map. Michael Leek referred to the current land use plan in his report along with a graphic he had with him. The Comprehensive Plan does guide this area for medium residential density development. At the June 8, 2000 meeting of the Planning Commission, they did recommend approval of the rezoning by a vote of 4 -3. Mr. Greg McClenahan, from EverGreen Real Estate, approached the podium and said EverGreen Real Estate was requesting this rezoning classification. He noted there had been changes in the neighborhood development pattern in this area and felt it far more suitable for medium density homes than single - family homes. His consultants came to the same conclusion — no single- family homes will work in this area with the neighborhood development patterns. The primary question here is what are the neighborhood development patterns. This development will give a residential feel. This would be affordable housing for Shakopee residents with certain criteria that needed to be achieved before anyone one would be considered for renting these proposed town - homes. These are for households with a moderate income. This will be a tax credit development. There is a large demand for this type housing. The buildings would be quality buildings much like the EverGreen Heights development by the "new" Fire Department building on Vierling Drive. Affordable housing in the neighborhood actually increases the property values of the neighbors. This development would be good for the area and good for the demand for affordable housing. Mayor Brekke asked Jim Thomson, City Attorney, to explain what a super majority vote was. According to Jim Thomson a super majority vote is a 2/3- majority vote. All rezoning requires a super majority vote. He also said State Law demands that land use regulations be brought into compliance with the Comp Plan, or the Comp Plan be brought into compliance with the land use. They must be the same. One needs to be changed. This requires a super majority vote also. The Mayor asked for questions from the Council. Official Proceedings of the July 5, 2000 Shakopee City Council Page 3 Cncl. Sweeney stated that this was platted in the 1940's and has never been bought or requested for a development until now. We need to develop this property. Mr. McClenahan said this was smart growth with a minimal economic investment. William Platto, Attorney, representing the adjacent neighbors on 5 and 6` Avenues, approached the podium and addressed the issue of rezoning. He said the neighbors were not opposed to the rezoning; they were opposed to the vacation of 5 Avenue. The concept plan of Allan Hastings shows access to the single - family lots to the south from 5 Avenue only. That is not adequate access for all the single - family lots. Mr. McClenahan purposes to gain more units from the vacation. Mayor Brekke asked for more audience input on the rezoning issue Mr. McClenahan was asked if this would be a viable project without the vacation of 5 Avenue. He said it would be viable but with less units. He would be happy to give the residents on 6` Avenue an access easement on to their current backyards, so they could develop those lots if they chose to. Mr. Cliff Stafford, 2328 Eagle Creek Boulevard, approached the podium and said he thought this developer should be allowed to develop this land as medium residential zoning. Mayor Brekke asked if there was any more audience input on the rezoning issue_ There were no additional comments. Sweeney /Amundson offered Ordinance No. 569, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending the Zoning Map Adopted in City Code Sec. 11.03 by Rezoning Land Generally located North of 5 Avenue and West of Adams Street From Old Shakopee Residential (R -1 C) to Medium Density Residential (R2), and moved its adoption. Cncl. Morke felt there was sufficient R -2 zoning in Shakopee. This was zoned R -1C and it should stay R -1C. Cncl. Link supported Cncl. Morke. Cncl. Sweeney felt housing should be provided for the people that work in the Shakopee area and many of the jobs in this area are the type of jobs that required workers who needed affordable housing units. Many of the jobs are service - oriented jobs. There was still a need for affordable housing. We have the responsibility to provide affordable housing for Shakopee residents. This is an opportunity to get some tax dollars back on this land. Cncl. Amundson agreed with Mr. Sweeney about the service- oriented jobs_ Mayor Brekke asked for further input from the audience. Official Proceedings of the July 5, 2000 Shakopee City Council Page 4 Mayor Brekke felt the area as a whole should step up and acknowledge that there needs to be affordable housing. However, if this rezoning were not approved the people in Shakopee would be hurt. Mayor Brekke pointed out that the issue this evening was not affordable housing but rezoning. He wondered if it made sense to rezone this area. It was next to the bluff area and perhaps with the change in character of the area, it did make sense to rezone this parcel. This area has been guided for medium density for years and as of yet has not been developed. Cncl. Sweeney gave a history as to why this area was zoned R -1C. Motion failed 3 -2 with Cncls. Link and Morke the dissenting votes and Brekke, Amundson and Sweeney voting in the affirmative. Jim Thomsen recommended that this item be tabled for further consideration until later this evening because the reasons for denial needed to be provided to the City Clerk in writing_ Mr. McClenahan wanted this issue determined this evening. The purpose of this recommendation to table until later this evening is that the basis for denial by the two Council member who opposed the rezoning needs to be set forth in writing why they voted the way did_ Further action on the rezoning was deferred to the end of the meeting allowing time for the reasons for the two council members denial to be put in writing. Motion carried unanimously. Mayor Brekke opened the public hearing on the proposed vacation of a portion of 5th Avenue west of Adams Street. R. Michael Leek approached the podium and reported that he has received a request from Mr. Greg McClenahan for a vacation of a portion of 5t" Avenue right -of -way. He has looked into the vacation further and is now of the opinion that the right -of- -way if vacated would revert equally to the north and south property owners. He did meet with one of the residents on Sixth Avenue and looked at the concept plan they had for developing the back of their lots abutting 5"' Avenue. At the June 8, 2000 Planning Commission meeting the Planning Commission voted 4 -3 recommending vacation of the right of way. Mr. Leek stated that at this meeting the residents on 6"' Avenue talked about improving 5th Avenue and including it in the City's 5 year CIP. Bruce Loney, Public Works Director, reported that 5"' Avenue had no sewer and water now. The water does run north and south by the park. If the right -of -way is vacated it is recommended that a utilities easement be retained. Dennis Hron, 1237 West 6``' Avenue, approached the podium with a few sewer comments. He said his sewer comes from 5"' Avenue. He also uses 5"' Avenue for access to his back property frequently. Mr. William Platto, representing the 6"' Avenue residents, approached the podium with some Official Proceedings of the July 5, 2000 Shakopee City Council Page 5 issues regarding the vacation. He said 100% of the petitioners on Sixth Street opposed the vacation. They have a clearly defined concept plan of the area at their disposal and developing their back lots is financially viable if the vacation of 5 Avenue is not allowed. If his clients subdivided their property, they would need access from 5th Avenue. The right -of -way was dedicated for a specific purpose and legally he did not think this could be vacated if not used for the specific purpose. It was the developer who dedicated the property; the City is only the trustee, who acts in the best interest of someone else. To vacate the street the vacation needs to be benefiting the residents. The purpose of this easement was for roadway. Mr. Greg McClenahan tried to find engineering maps that showed sewer and water to determine utility placement_ He was unable to find any. The green space in the plat drawing is laid out for sewer and water pipes. No watermain was found. A public street is not needed for the development. If the street is constructed, there would be no benefit for development and no assessment. There was dialogue on legal issues between the attorneys as to what needed to be done. Mr. Thomsen stated that Council must determine that the street does not serve a public purpose. Mayor Brekke asked if there were any additional comments from the audience. There were none. Mayor Brekke declared the public hearing closed. Link/Morke moved to deny Resolution No. 5382, A Resolution of the City of Shakopee Vacating a Portion of 5th Avenue in Koepers Addition, City of Shakopee, Scott County, Minnesota. Motion carried unanimously. A recess was taken at 8:53 p.m. The meeting reconvened at 9:00 p.m. Mayor Brekke said the Right of -Way Ordinance would be considered at this time. He said this was not a public hearing but that input from the utility companies would be heard. After the input from the utilities the matter would be tabled for two weeks to allow staff time to compile the comments and make any changes if changes need to be made. Mr. Loney approached the podium to address the adoption of the Right -Of -Way Ordinance. He said comments and concerns had been received but there had not been time to review these comments and concerns. He asked that this Right -Of -Way Ordinance be tabled for two weeks and he and Mr. Strommen would come back to the July 18, 2000 meeting with a revised ordinance for discussion. Amundson/Link moved to table the Right -Of -Way Ordinance to a future meeting. Motion carried unanimously. The rezoning of property located south of 4th Avenue and west of Adams Street was revisited Official Proceedings of the July 5, 2000 Shakopee City Council Page 6 Mayor Brekke informed the Council that there had been a motion prepared on the denial of the rezoning of the property from Old Shakopee Residential (R -1C) to Medium Density Residential (R -2) and asked if there were any objections to hearing this matter at this time_ There were no objections. Morke/Link moved to deny the request to rezone property (Lots 1 — 12, Block 8, Koepers Addition) from Old Shakopee Residential (R -1C) to Medium Density Residential (R2), with the reason that (R2) would be an inappropriate use of the property with the adjoining properties to the north and south which are both R -1C, that the original zoning ordinance is not in error, no significant changes in community goals and policies have taken place, there have not been significant changes in neighborhood development patterns. Motion failed 3 -2 with Sweeney, Amundson and Brekke voting in the negative and Link and Morke voting in the affirmative. Mr. Leek approached the podium and gave a staff report on the draft AUAR for Valley Green Corporate Center. This is an informational document and the purpose of the document is making sure Council has the proper environmental information to use when other plats come in for consideration. The reason this is on the agenda this evening is for authorization to publish the notice in the "EQB Monitor'' and distribute the document to appropriate agencies for comment. He will come back to the Council at a later date for final action on the AUAR itself The RGU is not obligated to accept, review and incorporate the comments from the private sector. The objections and comments can be directed to the appropriate state agencies and the Met Council. We can but we are not legally required to direct staff to respond to public comment. He said based on the input from the Environment Quality Review Board and from a staff perspective he felt the City should chose to accept other objections from the private sector. Sweeney/Morke moved to accept outside public comments or objections to the Final Alternative Urban Area wide Review (AUAR) Document for Valley Green Corporate Center during the same ten -day review time period that the governing agencies have. Kathy Gerlock, Eagle Creek Boulevard, approached the podium and asked for clarification on the timeline for the revised AUAR document comments from the private sector, and asked how these comments would be handled. Dave Czaja, Eagle Creek Boulevard, approached the podium and supported Kathy Gerlock. Mr. Leek stated that he was comfortable accepting comments until the end of the 10 -day period. Motion carried 4 -1 with Link dissenting. Sweeney /Amundson moved to authorize the publication of notice in the "EQB Monitor" and distribution of the final AUAR for Valley Green Corporate Center for review and continent. Official Proceedings of the July 5, 2000 Shakopee City Council Page 7 Motion carried 4 — 1 with Link dissenting. Sweeney /Amundson offered Resolution No. 5380, A Resolution Accepting Bids on the 2000 Tennis Courts Reconstruction at 10th Avenue & Fuller Street, Project No. 2000 -1, and moved its adoption. Motion carried unanimously. - Link/Amundson moved to authorize a 10% contingency amount for use by the City Engineer in authorizing change orders or quantity adjustments on the Tennis Courts Reconstruction; Project No. 2000 -1. Motion carried unanimously Morke /Sweeney moved to direct staff to authorize Rink Tech International to replace the compressor B1 in the Community Center Ice Arena System at a cost of $5,381.92_ (Motion carried under the Consent Agenda.) Morke /Sweeney moved to approve the findings of fact and conclusion regarding the new ADC Telecommunications office and manufacturing facility on 106 acres located immediately south of County Road 101 and east of Valley Park Drive. (Motion carried under the Consent Agenda.) Morke /Sweeney offered Resolution No. 5384, A Resolution of the City of Shakopee, Minnesota Issuing a Negative Declaration of Need for an EIS for a Project to be considered by ADC Telecommunications, Inc., and moved its adoption. (Motion carried under the Consent Agenda. ) Morke /Sweeney offered Resolution No. 5383, A Resolution of the City of Shakopee, Minnesota Amending Resolution No. 5293, Adopting the City's 2000 fee Schedule, and moved its adoption. (Motion carried under the Consent Agenda.) Morke/Link offered Resolution No. 5381, A Resolution of the City of Shakopee, Minnesota, Approving the Final Plat of Prairie Village 5"' Addition, and moved its adoption. Motion carried unanimously. Morke /Sweeney moved to grant the developer of Bergs Hilltop Addition an additional one year of approval of the Final Plat with the Scott County Recorder's Office_ (Motion carried under the Consent Agenda.) Bruce Loney presented the noise assessment study and landscaping plans for the five homes along CSAH 17, project No. 2000 -9. At the May 2, 2000 Council meeting, staff was directed to do a feasibility study on the traffic noise of CSAH 17 as to how the noise affected the five residential properties. David Braslau Associates, Inc. performed the noise study. Mr. David Braslau, of Braslau Associates, Inc., was present at the meeting also_ He said the County was exempt from noise mitigation by State Law. The increase of noise would not be significant enough to justify noise mitigation measures of windows, insulated doors, etc_ to the five homes along CSAH 17. Along some areas of CSAH 17 during some periods of time the MPCA noise standards are exceeded by approximately 2 -3 decibels. However, the MPCA Official Proceedings of the Shakopee City Council July 5, 2000 Page 8 standards do not apply to County Roads. The cost of windows, doors and air conditioners would be approximately $13,000 per household. A standard model used throughout the state was used for this study. At the May 22, 2000, Council meeting staff was directed to do a landscaping plan involving the residents along CSAH 17. The residents met with Jason Amberg, of Brauer and Associate, LTD to discuss possible berming, fencing or a landscaping hedge along CSAH 17 property lines. This landscaping will be done as a City project with the residents entering into an agreement drawn up by the City Attorney, as this improvement will be placed on private property. The cost of the landscaping would be approximately $9,000 per household. Lance Nemanic, 1712 Marschall Road, approached the podium and was unhappy with the decision not to address noise mitigation measures in the homes. He said their homes are right next to the road and they have been there for a long time. He asked the Council to do what was right. He felt the City had some responsibility in this noise problem. Tony Kurvena, 1752 Marschall Road, approached the podium and said there would be noise on both sides. In the front we have the road and in the back we have the town homes_ Mr. Loney noted that a wooden fence would have limited impact on noise absorption because of the openings for the driveways. It was reported that staff was trying to find direction from the City Council as to what kind of fence to erect on private property. It was decided to erect a dense hedge and trees along CSAH 17 to act as a fence. The trees were to be picked out by the property owners. The City Attorney was to draft an instrument to allow the City to put the hedge and trees on private property with the hedge and trees to be maintained by the property owner. A graphic of a proposed landscaping plan was shown. Sweeney/Link offered Resolution No_ 5379, A Resolution Approving Plans and Specification And Ordering Advertisement For Bids For County State Aid highway 17 Landscaping - Project No. 2000 -9, and moved its adoption. Motion carried unanimously. Sweeney/Link directed the City Attorney to draft an agreement between the City and residents along County State Aid Highway 17 for the landscaping improvements on their property. Motion carried unanimously. Sweeney /Amundson moved to accept the Noise Assessment Report for CSAH 17 residential properties from David Braslau Associates, Inc. and directed staff to implement the landscaping recommendations as much as practical for the five residential properties. Motion carried 4 — 1 with Cncl. Link dissenting. Bruce Loney reported on the need for a future collector road going north and south between 17`'' Avenue and Valley View Road. This is a north -south collector street east of Sun Path Elementary school. He needed direction as to which location was desired by the Council because this information was needed when reviewing future plat applications to give some direction to the Official Proceedings of the July 5, 2000 Shakopee City Council Page 9 developers. He had two proposed alignments for this collector street. There would only be two full access points allowed onto CR -42, per the CR-42 Study. The others would be right -ins or right outs and perhaps a 3 /4 access point. This would be a low collector street with 17 Avenue receiving more traffic than the collector street. Meetings were held with the affected landowners. There did not appear to be an acceptable agreement for every one involved. Mr. Chuck Richart , WSB & Associates, Inc., felt the proposed collector street that lines up with County Road 42 and 17 Avenue was the best alignment. This was alignment one and will allow access from the collector street to the park versus access from 17 Avenue. The second alignment is 1/8 mile to the east and is preferred by SACS because students would not have to cross the street to get to the park. The first alignment would have better access to the park, it could be constructed sooner. There is a need for a north -south collector street. However, most affected landowners and developers preferred the second alignment. The park department prefers alignment one because it would provide better access to the park but they would be satisfied with the alignment two if the proposed school would give them a shared parking lot agreement to access the park. Chuck Rickart, WSB Associates, Inc., also has seen a need for a collector street between Sarazin Street and C.R. 83. It was mentioned that the Council needs to look at building collector streets in the CIP at budget time. This collector street should be built within the next two years. If alignment No. 1 was chosen then there would be more green space, parking and good access to the park. Staff feels this is the best alternative. If alignment No 2 is chosen then more of the affected property owners and developers will be satisfied. If there is a shared parking lot agreement for access to the park with the Park Board and the new proposed school then this alignment is acceptable to them. Access to the park depends on the park design. Mayor Brekke asked for public input on the proposed collector street alignment. Kevin O'Brien a member of the SACS Board approached the podium_ He said SACS was very interested in building a school out in this area. They had in fact started the process to buy the land for the school. They had land elsewhere but this was the much - preferred location. SACS preferred the 2nd alignment. This was a safety issue with them. They did not want the collector street between SACS and the park and Sun Path School. They do have a purchase option on this land but have not had time to present it to the Board. Father Bill Stolzman, 333 West 4 th Avenue, Chair of the Board of Directors for SACS, approached the podium and emphasized the safety factor and that this really was the preferred site for the SACS school. Gene Hauer, 523 Timber Court, approached the podium with several objections to alignment one. He felt alignment one cut his property in half. He preferred alignment two. Official Proceedings of the July 5, 2000 Shakopee City Council Page 10 Darrell Gonyea, resident of Shakopee, developer and landowner, approached the podium and said he was in favor of alignment one. Mr. John O'Laughlin, 2988 Valley View, approached the podium and wanted the assessments looked at. He supported alignment two. Harold Schneider, 3300 Valley View Road, approached the podium and was in favor of alignment No. 1. Mr. O'Brien again approached the podium to clarify that the proposed acreage that SACS was looking at for buying for their new school was large enough to accommodate their own playground. They dad not need the park for playground purposes. He also questioned the assessments on a collector street. Mr. Loney explained the collector street assessments_ Shawn Dahl, 2500 West County Road 42, developer representing Pheasant Run, approached the podium and said Pheasant Run is in favor of alignment 4 1 Gretchen Theis, a SACS parent, approached the podium and asked the Council to look out for the safety of the children. She favored alignment No. 2. Mayor Brekke said it made sense to connect the school with the park. Cncl. Morke was concerned about access to the park. Mayor Brekke, Cncls. Amundson, Link, Morke preferred alignment No.2. Mr. Loney said plats are coming in and a decision needs to be made soon. Cncl. Sweeney called the question. Amundson/Link moved to approve alignment no. 2 as the north -south collector road. This north - south collector would connect 17 Avenue to Valley View Road and Valley View Road to County Road 42 and would be located east of the park east of Sun Path School. Motion Carried 4 —1 with Cncl. Morke dissenting. Morke /Sweeney moved to accept the low quote and enter into an agreement with S_ M. Hentges & Sons, Inc. in the amount of $ 8,150.00 to extend the storm drainage outlet by the Shakopee R.V. Park on 1 St Avenue with funding to come from the Storm Drainage Fund. (Motion carried under the Consent Agenda.) Morke /Sweeney moved to authorize the payment for the Thermal Imaging System from the General Fund because this item had been budgeted for and a purchase order was issued in 1999 Official Proceedings of the Shakopee City Council July 5, 2000 Page 11 but the item was not received until 2000_ (Motion carried under the Consent Agenda.) Morke /Sweeney moved to declare that Beth Thorpe has successfully completed the 6 -month probationary period, and afford her regular, full-time employment as Planner I. (Motion carried under the Consent Agenda.) Morke /Sweeney moved to declare that Tom Pitschneider has successfully completed the 6 -month probationary period, and afford him regular, full -time employment as Fire Inspector_ (Motion carried under the Consent Agenda.) Morke /Sweeney moved to approve the Ice Arena Maintenance Operator Job description & funding and directed that staff fill the position, and bring a recommendation for hire back to the July 18 meeting_ (CC Doc #293) (Motion carried under the Consent Agenda.) Morke /Sweeney moved to approve the application and grant a temporary on -sale 32 percent malt liquor license to the Shakopee Jaycees, Inc., municipal parking lot at 2nd Avenue and Lewis Street, for August 4 and 5, 2000,with sales to cease atll:00 p.m. (Motion carried under the Consent Agenda.) Morke /Sweeney offered Resolution No. 5385, A Resolution Apportioning Assessments Among New Parcels Created As A Result Of The Platting of Southbridge 5 Addition, and moved its adoption. (Motion carried under the Consent Agenda.) Mark Mc Neill approached the podium and reported on Derby Days street /parking lot closings. The businesses in the downtown area had some concerns on how people would be able to navigate around downtown. There was a concern of having County Road 69 blocked at Holmes Street however the blocking of this is for safety purposes. Morke/Link moved to approve the fisted parking and traffic related issues relating to Derby Days, August 3` -5 from the Derby Days Committee. The list is as follows: 1. Parking lot and Second Avenue north of the railroad tracks between Sommerville Street and Lewis Street from August 3 at 8:00 AM until Noon on Sunday, August 6''. 2. Parking lot between Lewis and Homes Street August 3 -5 (carnival rides). 3. Lewis Street from 3` to lst Avenue, and lst Avenue between Holmes and Sommerville Streets from 4 :30 until midnight, Fri day August 4 (Classic Car Cruise). 4. Lewis Street, and Holmes Street north of 2 Avenue, and 1 st Street from Holmes to Sommerville Streets on Thursday August 3` through Saturday August 5 th from 8:00 AM until 8:00 PM. (sidewalk Sales)_ 5. 3` Avenue from Sommerville to Lewis Streets on Saturday August 5 from noon until 3 :00 PM (Water Fights) 6. Lewis Street from 3` Avenue to 2 Avenue on Saturday August 5 from noon to3 PM_ (Soap Box Derby) 7. Exit from County Road 69 onto Holmes Street and 1 st Avenue August 3 -5. 8 3` Avenue and 4th Avenue from Naumkeag Street to Holmes Street from 9 :00 AM Official Proceedings of the Shakopee City Council July 5, 2000 Page 12 until 1:00 PM. (Parade Route) 9. Authorize sidewalk sales by downtown merchants — Thursday through Saturday 10. Authorize the assistance of Public Works for setup of picnic tables, benches and cleanup as needed. Mayor Brekke thanked Jack McGovern for all his leadership toward Derby Days. Motion carried unanimously_ Morke /Sweeney offered Resolution No. 5386, A Resolution Amending The Vehicle Acquisition, Use and Replacement Policy Adopted By Resolution No. 4582, and moved its adoption. (Motion carried under the Consent Agenda.) Morke /Sweeney moved to approve Mayor Brekke and Cncl. Sweeney to serve on a City Administrator performance evaluation subcommittee, to discuss areas of performance and set C for the upcoming year. (Motion carried under the Consent Agenda_) Morke /Sweeney moved to authorize the execution of the Energy Service Agreement by and between the City and Reliant Energy (Minnegasco) resulting in an annual savings of S1386.00 for the Community Center. (Motion carried under the consent Agenda) There was a short recess at 10:47 for the purpose of conducting the Economic Development Authority meeting. The meeting reconvened at 10:49 Cncl. Link addressed the issue of having a City office campus. He proposed that a three- question questionnaire be sent to the residents asking for their input on the Campus issue for the new City Offices. He felt this was extremely important. Morke /Amundson moved to adjourn the meeting to Tuesday July 18, 2000, at 7:00 p.m.. The Motion carried unanimously. The meeting adjourned at 10:54 p.m. J dith S. Cox City Clerk Carole Hedlund Recording Secretary S CITY OF SHAKOPEE Memorandum C°_® N S� N T TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance director RE: City Bill List DATE: August 31, 2000 Introduction and Background Attached is a print out showing the division budget status for 2000 based on data entered as of 8/31/2000. Also attached is a regular council bill list for invoices processed to date for council approval. Included in the checklist but under the control of the EDA are checks for the EDA General Fund (code 0191) in the amount of $151.30. Also included in the checklist are various refunds, returns, pass through, etc. totaling $162,156.94. The actual net expense amount is $532,208.94. Action Requested Move to approve the bills in the amount of $G94,3G5.88. CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 08/31/00 CURRENT YEAR ANNUAL MONTH TO _E -CENT DEPT DEPT NAME BUDGET ACTUAL DATE E:: ?ENDED 11 MAYOR & COUNCIL 80,130 8,655 49,642 62 12 CITY ADMINISTRATOR 249,600 37,125 180,749 72 13 CITY CLERK 219,290 25,085 113,207 52 15 FINANCE 429,990 31,376 289,056 67 16 LEGAL COUNSEL 298,500 18,839 228,255 76 17 COMMUNITY DEVELOPMENT 574,780 131,709 416,726 73 18 GENERAL GOVERNMENT BUILDINGS 253,840 23,405 150,544 59 31 POLICE 2,173,740 220,408 1,306,770 60 32 FIRE 705,840 34,191 445,289 63 33 INSPECTION- BLDG - PLMBG -HTG 428,070 50,320 310,320 72 41 ENGINEERING 541,650 67,141 341,313 63 42 STREET MAINTENANCE 904,850 51,514 482,882 53 44 SHOP 156,240 17,868 101,655 65 46 PARK MAINTENANCE 535,430 62,098 346,837 65 91 UNALLOCATED 557,010 153,963 225,066 40 TOTAL GENERAL FUND 8,108,960 933,697 4,988,312 62 17 COMMUNITY DEVELOPMENT 509,990 7,877 174,861 34 TOTAL TRANSIT 509,990 7,877 174,861 34 19 EDA 247,380 8,675 114,630 46 TOTAL EDA 247,380 8,675 114,630 46 a� rn a a _ F:4 D N Ol O x w o O QQ 0 a £ Q D N z � O z �-+ w M U H O z H H �x O a] v� Up r4 z z O H H a H x U w Q 0 0 W a x W H Tn H C7 w x x U w x U a H U z D O v a, n, a, o, a4 a a, a s 04 ai a4 al R4 a4 a Qa, a a a a a a a a a a a a a a a a s 04 H H H H H H H H H H H H H" H H H H H H H H H H H H H H H H H H H H H WWWWWWWWWWWWWWW UvvUVVUUVUUVUUUm H H H H H H H H H H H H H H H H M > > > > > 9 > P > > > > > > �> U xxxxxxxxxxxxxxxxw WWWWWWWWWWWWWWWWz HU]antn Wrn W m�t'nW[J1CAL4ulm >i >i >+ >i >+ >i >i >I yi >L >± >i >i UO H[- IEiHHHHHHEiE�EiEyEyEi x H H H H H H H H H H H H H H H x waaaaaaaaaaaaaaaw Ei H H H H H H H H H H H H H H H Ei FCHEiEiEiE+PE-fP P E PPE -iHHFC 3DDDDDDDDDDDDDDD3 00000000000000000 UUUVUUVUUUUUUVUUU aaaaaaaaaaaaaaaaa HE +HE�EiE-�EiHE�EiE-�E- �EiHEiHEi DDDDDDDDDDDDDDDDD vUUUUVUUUUUUVUUUU H H H H H H H H H H H H H H H H H aaaal- alaaaaaaaaaaaa Cq 0.l f-Q f11 1Y1 LT1 LQ CQ f-Q f-Q (A CQ Cq LSO LQ Cq Lq DDDDDDDDDDDDDDDDD a a4 al at a al at a a a a a al 04 aI Q1 a4 w z O x a w a w H H Is H X4 W a a U a Cz� :4 WWWWWWWWWWWWWWWWW wwwwwwwwwwwwwwwww as as 04 04 a ill as as as as at o x o xxxxxx o xxx 000 x xxxx xxxxxxxxxz W Ul U� U] U] U� Ul Ul Ul U2 Ul Ul Ul U1 W W LJ1 E-I z 0 x U W x U O O O Hll) d\ri Ol m m ID lD In O m O Ln O M d• H H d m m H m ID L- O m m O r- .................. 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I i/} i/} , V) L} L} L} i? V)- L} LT I I 1 Mri O 'j C) H L� NN 1 t/? N M V)- W ' I I I I i 1 H H HHHH H HHH HHHHHHc - iHHH HH H H H H HH rl H 10 0 0000 0 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O Co O O 1 W 01 Ol(1 all m 01 (l 0) of TOn Ol d>TOl Ol O\41 Ol d\ Ol M of Ol o1M Ol (1 1 0 0 0 0 0 0 O 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 O O O 0 I O O 0 0 0 0 0 0 0 0 00000000000000 0 O O 0 0 0 0 1 0 O 0 0 0 0 O O O O 00000000000000 O O O 00 O 0 1 0 O 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 (D 0 0 0 0 0 0 O O - O co O 0 1 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N i I 1 d' Lf) %D L` W O H N M d' Ln l0 1 d' n d' A d' A d' AA d - A d' A d' n d d d ' A d' A ' A , h 1 l0 -k 10 * l0 * 10 * l0 * w * 10 ix w - 110 - 1fl * 1D -K w iK I w v to v l0 v to v 1 10 v w v w v w v l0 v l0 v lD v W v H O x U W X. U w A x U W x U O z x U W x U V] U] H H r14 124 A r H tx � . a u' w x z o 0 a o z H H H H 0 CQ w Q 0404 Ln w x m a z 00 � O U O H U W W zzzz �. D a s O H H H H H z - 0 a w 0 0 U W zzz U1 U1rAU]tntnUlUlWtACncnmul az z Is A wwww w wwwwwwwwwwwwww a P: uicn O U U H Z 00000000000000 U FC 9 COEQ 04 W z D 0118Is'ZS FC xxxxxxxxxxxxxx H m AA O fn H Ctl zzzz a >C DC DC >C DC DC DC >C 5C SC DC >C >C DC 04 a w 0 x z U1 W 0000 A 000 WWWWWWWW WWwwWW D W C� rX+CT+ W w x HHHH z UUU HHHHHHHHHHHHHH H x a P; a W FC aaaa FC HHH zzzzzzzzzzzzzz z x 2 WCQ x H a 0000 x f:4 FC wwwwwwwwwwwwww w O 0 DD - FC CQ co CQrQCQm m UUU UUUUUUUUUUUUUU U U U UU A A i< i N N 0 0 ON d• 01 d1 w O O M m M Ln 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 00 r-1 H M H d' O O 00 MM 00 -1 Ln d•ol 4 00 Ln W d110 000000000000000 00 HH MM Ln o Ln 00 00 01 01 Ln Ln d1 r- W w r- W O l0 W Ln Ln 1fl lfl � W Ln Ln Ln l0 Ln N m a\ d' It ON m Ln H 1D Ln Ln w W 1 W W r- r- N I'll md'H Ln Ln Od N L- Ln a1 m r- r- O10l O1 O1 r- L- r- m L- r- 00 1010 Ln Lo d'N r- r- MM I H H 10 10 M (1 L- LO W d' ci' M M Ln H 1M M M 10 l0 M M M M 10 10 10 M 1O N H H d d' L - L - L}L}i/?• 10 10 L` r- V) Vl- I - I . 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[� Ol L} t/} t!? l0 ML - z W U w H H A O z w a a z z w x H H z Z Z w H H� w z w w x z z Q U H w o o er w �> Q Q w 04 a w w w x z z z a a a vl > w z q w D rx a' X X O O U] H z z W H H 04 R' FC � O a a4 124 H w a w a Q N< z ° a R: H R�. FC, a> [] H H FC W < z H H ,3 z x FC cz a rn rn M H O f24 �D 04 w U r4 Q U W � cz Q FC FC rn r,C m rn C7 Q H W a U H W H H m m R w H m W H M d' Ln O H l� co Ol N O O O O O H to O O H H H N N M dl d' (n H M d Lr) co co N d I W N a' V� r- h l h r- h m co 7 7kk 71- 4# 4t Sk 7k 7k 4t zw- 4t *k *k zm Xk Q Q q Q q C] Ca r:1 Q Q Q q q Q fa Q q q z z z z z z r � z z z z z z z z z z z z r� C 0�4 r � rTl r� rTl r FJr4 rrl- r r F w f, r D14 a 0, 1 00,44,10 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Franchise Fee — Public Information Meeting DATE: August 31, 2000 F1 t ; 1TIWO1W1W9 The Council has scheduled a public information meeting to consider the feasibility of the implementation of a franchise and a separate franchise fee ordinance applicable to Xcel Energy (NSP), Reliant Energy Minnegasco and Minnesota Valley Electric Cooperative. At the meeting, an opportunity to comment will be given to utilities, customers, and others impacted by a potential decision. Action to adopt such ordinances is not recommended to take place at this time; the Council will be asked to give direction as to whether it wishes to proceed. For the past several months, staff has been researching the possibility of the city exercising its franchise authority and implementing a franchise fee ordinance. All franchised utilities and SPUC who serve customers in the City of Shakopee would then pay a fee to the City, based upon the utility's total operating revenues. At this time, that would impact Minnesota Valley Electric Cooperative (MVEC), Xcel Energy (NSP), Reliant Energy Minnegasco, and Shakopee Public Utilities Commission (SPUC). Staff was given the direction to determine a formula that would generate an amount comparable to what has historically been transferred by SPUC, averaged at $875,000. The $875,000 goes into the City's General Fund, and is used for the provision of general municipal services in the operating budget. City engaged the firm of Dahlen Berg as a rate consultant to examine options for implementation. It was determined that a fee of 2.71% of operating revenue within the City of Shakopee would generate the $875,000. The approximate annual dollars generated by 2.71% for each utility, as determined by 1999 sales revenues are: SPUC - $343,000 NSP - $259,000 MVEC - $ 580 Minnegasco - $272,000 r � Since the direction was given from Council earlier this year, some changes have taken place in the energy industry which may affect the desirability of implementing this formula or other fee formula at this time: 1. There has been a spike in energy costs, especially in natural gas prices. Some customers report increases of as much as 80% for energy costs during the past year. 2. Deregulation of retail gas and electric service had been anticipated to be introduced beginning as early as 2002. However, those states in which deregulation pilot projects have been implemented (on the east and west coasts) have had mixed results, causing a loss of momentum to the movement. In Minnesota, it does not appear that deregulation of gas and electric service in the form of service territory competition and residential customer choice for such service will be introduced for several years. 3. It had been anticipated that SPUC would be reducing its rates to offset the transfers received from the City, so that it would be revenue neutral for both the City and SPUC. However, because of concerns about payment for electrical improvements to the SPUC infrastructure, SPUC has not made a final decision at this time. Therefore, we do not know what the net impact would be on SPUC customers if the above formula were adopted. Note that this franchise fee had originally been anticipated as an electrical franchise fee. However, because of the desire of electric utilities to be on a "level playing field" with gas utilities regarding franchise fees, if a fee is implemented, the $875,000 SPUC payment will be allocated among gas and electric utilities. Notices were sent to representatives of the affected utilities, and also to the large NSP users about the information meeting on September 5 A presentation will be made by City Attorney Jim Strommen, and Al Bartsch of Dahlen Berg will be in attendance. Comments and some previous correspondence on the subject is attached. Note that MVEC has adopted a resolution concerning this subject, and is generally supportive. It asks only that it be treated equally to other franchised utilities, except for the establishment of rates (which as a cooperative does not go through the Public Utilities Commission, but are instead established by MVEC's Board of Directors). The bigger issue for MVEC, however, is a desire to retain its existing territory, and not lose any additional service territory to SPUC. Council should note that that is an issue for SPUC, and not the City Council. The FY 2001 operating budget anticipates $875,000 in revenues from a utility fee. Council should be aware that if this is not implemented by January 1 there will be a shortfall in excess of $500,000, which will need to be accommodated through SPUC or expenditure changes. Note that this transfer from SPUC has been in place, to the best of our research, since the Public Utility was chartered in Shakopee. It has been used to reduce property taxes for all property owners in Shakopee. The City Council should listen to the information presented at the public information meeting, and give direction to staff regarding the proper direction. Such options include but are not limited to: 1. Adopt the proposed franchises and impose franchise fees on the utilities in the manner described above. 2. Adopt the proposed franchises retaining the right to impose franchise fees during the term of the franchise, but maintain the status quo regarding utility fees, i.e., continue with SPUC payments only to achieve the targeted $875,000. 3. Adopt the proposed franchises and impose franchise fees using a different formula such as one offsetting the fees paid by Xcel and Reliant against their property tax payments directly to the City, or phasing in the fees to achieve the targeted $875,000. 4. Completely maintain the status quo by not entering into franchise agreements with Xcel or Minnesota Valley and leaving the existing franchise with Reliant Energy unchanged, and charging no fees of these utilities. 1 i 1' 1 The Council should hold a public information meeting, determine an appropriate course of action and give follow -up directions to staff accordingly. P�kw Mark McNeill City Administrator I® 1 1 1 THE CITY COUNCIL OF 'I OF 1' EE, SCOTT COUNTY, II 1 RD 1 Z 9 M 1 For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of Shakopee, County of Scott, State of Minnesota. City Utility System. Facilities used for providing public utility service owned or operated by City or agency thereof, including sewer, storm sewer, water service, street lighting and traffic signals, but excluding facilities for providing heating, lighting, or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission. Company. Northern States Power Company, a Minnesota corporation, its successors and assigns including all successors or assignees that own or operate any part or parts of the Electric Facilities subject to this franchise. Electric Facilities. Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public use. Non - Betterment Costs. Costs incurred by Company from relocation, removal or rearrangement of Electric Facilities that do not result in an improvement to the Electric Facilities. JMS- 1715610 SH155 -77 Notice. A writing served by any party or parties on any other parry or parties. Notice to Company shall be mailed to the General Counsel, Law Department, 414 Nicollet Mall, Minneapolis, MN 55401. Notice to the City shall be mailed to the City Administrator, City of Shakopee, 129 Holmes Street South, Shakopee MN 55379 -1328. Any party may change its respective address for the purpose of this Ordinance by written notice to the other parties. Public Way. Any street, alley or other public right -of -way within the City. Public Ground. Land owned or otherwise controlled by the City for park, open space or similar public purpose, which is held for use in common by the public. SECTION 2. ADOPTION OF FRANCIUSE 2.1 Grant of Franchise City hereby grants Company, for a period of 20 years from the date this Ordinance is passed and approved by the City, the right to transmit and furnish electric energy for light, heat and power for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Ways and Public Grounds, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. 2.2 Effective Date; Written Acceptance This franchise shall be in force and effect from and after the passage of this Ordinance and publication as required by law and its acceptance by Company. If Company does not file a written acceptance with the City within 60 days after the date the City Council adopts this Ordinance or otherwise places the City on notice, at any time, that the Company does not accept all terms of this franchise, the City Council by resolution may either repeal this Ordinance or seek its enforcement in a court of competent jurisdiction. 2.3. Service, Rates and Area The service to be provided and the rates to be charged by Company for electric service in City are subject to the jurisdiction of the Commission. The area within the City in which Company may provide electric service is subject to the provisions of Minnesota Statutes, Section 216B.37 -.40. 2.4. Publication Expense The expense of publication of this Ordinance shall be paid by Company. 2.5. Dispute Resolution If either parry asserts that the other parry is in default in the performance of any obligation hereunder, the complaining parry shall notify the other parry of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within thirty (30) days of the date of written Notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days JMS- 1715610 SH155 -77 after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity. 2.6. Continuation of Franchise If the City and the Company are unable to agree on the terms of a new franchise by the time this franchise expires, this franchise will remain in effect until a new franchise is agreed upon, or until 90 days after the City or the Company serves written Notice to the other party of its intention to allow the franchise to expire, but in no event shall this franchise continue for more than one year after expiration of the 20 -year term set forth in Section 2.1. . 9 DU 3.1 Location of Facilities Electric Facilities shall be located, constructed, and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System. Electric Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance, location and relocation of Electric Facilities shall be subject to other reasonable regulations of the City consistent with authority granted the City to manage its Public Ways and Public Grounds under state law, to the extent not inconsistent with a specific term of this franchise agreement. 3.2 Street Openings Company shall not open or disturb the surface of any Public Way or Public Ground for any purpose without first having obtained a permit from the City, if required by a separate ordinance for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb the surface of any Public Way or Public Ground without a permit if (i) an emergency exists requiring the immediate repair of Electric Facilities and (ii) Company gives telephone, email or similar notice to the City before, if reasonably possible, commencement of the emergency repair. Within two business days after commencing the repair, Company shall apply for any required permits and pay any required fees. 3.3 Restoration After undertaking any work requiring the opening of any Public Way, the Company shall restore the Public Way in accordance with Minnesota Rules, Part 7819.1 100 and applicable City ordinances consistent with law. Company shall restore the Public Ground to as good a condition as formerly existed, and shall maintain the surface in good condition for six (6) months thereafter. All work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration of the Public Ground at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.3, but the City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance JMS- 1715610 SH155 -77 that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission to install, replace or maintain facilities in a Public Way or the Public Ground. 3.4 Shared Use of Poles Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities whenever such use will not interfere with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by Company because of such use by City. 3.5 Avoid Damage to Electric Facilities Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. 3.6 Notice of Improvements to Streets City must give Company reasonable written Notice of plans for improvements to Public Ways where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Ways upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Way is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time, considering seasonal working conditions, in advance of the actual commencement of the work to permit Company to make any additions, alterations or repairs to its Electric Facilities the Company deems necessary. 3.7 Company Protection of Electric Facilities Company must take reasonable measures to prevent the Electric Facilities from causing damage to persons or property. The Company must take reasonable measures to protect the Electric Facilities from damage that could be inflicted on the Facilities by persons, property, or the elements. Company must take protective measures when the City performs work near the Electric Facilities, if given reasonable notice by the City of such work prior to its commencement. 3.8 Mapping Information Company must promptly provide complete and accurate mapping information for any of its underground Electric Facilities in accordance with Minnesota Rules parts 7819.4000 and 7819.4100. 4.1 Relocation in Public Ways. Company shall comply with Minnesota Rules, part 7819.3100 and applicable City relocation and undergrounding ordinances consistent with law. 4.2 Relocation in Public Grounds City may require Company at Company's expense to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground Such relocation shall comply with applicable city ordinances consistent with law. JMS- 1715610 SH155 -77 4.3 Projects with Federal Funding Relocation, removal, or rearrangement of any Electric Facilities made necessary because of the extension into or through City of a federally -aided highway project shall be governed by the provisions of Minnesota Statutes Section 161.46, as supplemented or amended. It is understood that the right herein granted to Company is a valuable right. City shall not order Company to remove or relocate its Electric Facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable Non - Betterment Costs of such relocation and the loss and expense resulting therefrom are paid to Company when available to the City, but the City need not pay those portions for which reimbursement to it is not available. 4.4 No Waiver The provisions of Section 4 apply only to Electric Facilities constructed in reliance on a permit or franchise from City and Company does not waive its rights under an easement or prescriptive right or State or County permit. Unless otherwise provided in any permit or other reasonable regulation required by the City under separate ordinance, Company may trim all trees and shrubs in the Public Ways and Public Grounds of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City harmless from any liability arising therefrom. 6.1 Indemnity of City Company shall defend, indemnify and hold the City harmless from any and all liability, on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. 6.2 Defense of City In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the and Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. This franchise agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466. JMS- 171561v3 SH155 -77 The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. The City and the Company shall comply with Minnesota Rules, 7819.3200 and applicable ordinances consistent with law. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. 9.1. Form During the term of the franchise hereby granted, and in addition to permit fees being imposed or that the City has a right to impose, the City may charge the Company a franchise fee. The fee may be (i) a percentage of gross revenues received by the Company for its operations within the City, or (ii) a flat fee per customer based on metered service to retail customers within the City or on some other similar basis, or (iii) a fee based on units of energy delivered to any class of retail customers within the corporate limits of the City. The formula for a franchise fee based on units of energy delivered may incorporate both commodity and demand units. The method of imposing the franchise fee, the percentage of revenue rate, or the flat rate based on metered service may differ for each customer class or combine the methods described in (i) - (iii) above in assessing the fee. The City shall seek to use a formula that provides a stable and predictable amount of fees, without placing the Company at a competitive disadvantage. If the Company claims that the City - required fee formula is discriminatory or otherwise places the Company at a competitive disadvantage, the Company shall provide a formula that will produce a substantially similar fee amount to the City and reimburse the City's reasonable fees and costs in reviewing the formula. The City will attempt to accommodate the Company but is under no franchise obligation to adopt the Company- proposed franchise fee formula and such review will not delay the implementation and Company's collection of the City - imposed fee. 9.2. Separate Ordinance The franchise fee shall be imposed by separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least thirty (30) days after written notice enclosing such proposed ordinance has been served upon the Company. The fee shall become effective after its passage and publication. 9.3. Condition of Fee The separate ordinance imposing the fee shall not be effective against the Company unless it lawfully imposes a fee of the same or substantially similar amount on the sale of electric energy within the City by any other electric energy supplier, provided that, as to such supplier, the City has the authority to require a franchise fee or similar fee by law and through previously agreed upon franchises. JMS- 171561v3 SH155 -77 9.4. Collection of Fee The franchise fee shall be payable not less than quarterly during complete billing months of the period for which payment is to be made. City may change the franchise fee formula from time to time; however, the change shall meet the same notice requirements and the fee may not be changed more often than annually. Such fee shall not exceed any amount which the Company may legally charge to its customers prior to payment to the City. Such fee is subject to subsequent reductions to account for uncollectibles and customer refunds incurred by the Company. The Company agrees to make available for inspection by the City at reasonable times all records necessary to audit the Company's determination of the franchise fee payments. 1 11 1, 1 b 1 I III 1 1tj 11,. 10.1 Severability Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part; provided, however, that if the City is unable to enforce its franchise fee provisions for any reason the City will be allowed to amend the franchise agreement to impose a franchise fee pursuant to statute. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2 Limitation On Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. 1 I l I '' 1 IGJDIR Either party to this franchise agreement may at any time propose that the agreement be amended. This Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk after City council adoption of the amendatory ordinance. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of , 2000. Mayor of the City of Shakopee Attest: City Clerk JMS- 1715610 SH155 -77 RESOLUTION Whereas The City of Shakopee is considering implementation of a franchise agreement and franchise fee, and Whereas Minnesota Valley Electric Cooperative (MVEC) is one of the energy providers within the City of Shakopee and would like to work with the City to establish a fair and equitable franchise agreement, as well as strengthen our working relationship in the process, and Whereas the proposed franchise is equitable to the extent it pertains to all energy providers and each is obligated to contribute at the same rate, and Whereas the proposed franchise contributions to the City from MVEC will eliminate the economic incentive for Shakopee Public Utilities Commission (SPUC) to acquire further MVEC service territory, and Whereas, while retail electric rates among utilities may vary back and forth from time to time, MVEC has always provided reliable electric service therefore there is no public benefit for SPUC to acquire additional MVEC service territory. Now therefore be it resolved that based on the aforementioned assumptions, MVEC believes the franchise can be a win-win, and endorses the concept of entering into the Proposed agreement with the City on that basis. I hereby certify that this Resolution was adopted by the Board of Directors of the Minnesota Valley Electric Cooperative on the 23 day of August, 2000. In Attest: Ed Halloran MVEC Executive Director Dated this 23 day of August, 2000 RES OLUTIO N •� -• '•, • Whereas The City of Shakopee is considering implementation of a franchise agreement and franchise fee, and Whereas Minnesota Valley Electric Cooperative (MVEC) is one of the energy providers within the City of Shakopee and would like to work with the City to establish a fair and equitable franchise agreement, as well as strengthen our working relationship in the process, and Whereas the proposed franchise is equitable to the extent it pertains to all energy providers and each is obligated to contribute at the same rate, and Whereas the proposed franchise contributions to the City from MVEC will eliminate the economic incentive for Shakopee Public Utilities Commission (SPUC) to acquire further MVEC service territory, and Whereas, while retail electric rates among utilities may vary back and forth from time to time, MVEC has always provided reliable electric service therefore there is no public benefit for SPUC to acquire additional MVEC service territory. Now therefore be it resolved that based on the aforementioned assumptions, MVEC believes the franchise can be a win -win, and endorses the concept of entering into the Proposed agreement with the City on that basis. I hereby certify that this Resolution was adopted by the Board of Directors of the Minnesota Valley Electric Cooperative on the 23` day of August, 2000. Attest: / John Wagner MVEC Executive Director Dated this 23 day of August, 2000 August 28, 2000 Mr. Mark McNeill Shakopee City Hall Shakopee, MN 55379 Dear Mr. McNeill, How would you feel if your business incurred a tax that none of your competitors have? How would you feel when a use tax is levied on your electricity and natural gas, and you're one of the top 10 users in the state of Minnesota of both resources? We, at Rahr, are absolutely stunned with this most unfair revenue enhancement proposal, the utility franchise tax. Shakopee Public Utilities Commission generates a surplus or profit from its operations either through efficiencies or overcharges. They are making a comparison of this surplus to justify the proposed franchise fee tax on NSP -Excel electric users and natural gas users. This is simply not equitable — there is no line item in SPUC invoices that notes this tax. NSP -Xcel and Minnegasco pay a full load of taxes — even property taxes in the city while the public utility is a non -gable entity that currently overcharges Shakopee customers to yield their surplus. During this past year we have seen natural gas prices rise about 80% and electric rates increase about 25 %. With these increases any use tax, even the proposed 2.7% of gross, would significantly affect Rahr Malting Co. ($81,000 on electricity and $94,500 on natural gas). It is an open -ended tax that will increase with any plant expansion or higher energy prices. (ie: if electric rates went up 25% next year, our tax would be over $100,000 and if we experienced another gas escalation of 80 %... the numbers become staggering). This open -ended tax will seriously affect our bottom line as well as the property value of our business, if we decide to sell. There are currently only 13 cities in Minnesota that have a franchise fee, and all of them, to our knowledge, have a cap on this type of tax. We appeal to your sense of fairness and ask you to vote No on the franchise fee proposal. Our business, agri - processing, is not as robust as the computer industry, and cannot pass costs to our customers. We are open to any discussions relative to this subject and we sincerely want to understand the why behind this proposal. I thought that all Government was currently operating with more than adequate revenue. Sincerely yours, RAHR MALTING CO. i Robert S. Micheletti Vice - President Operations MINNEAPOLIS, MINNESOTA - SHAKOPEE, MINNESOTA August 31, 2000 Mr. Mark McNeill City Administrator City of Shakopee 129 Holmes St. So. Shakopee, MN 55379 Dear Mark: Northern States Power Company Edina Area 5309 West 70 Street Edina, Minnesota 55439 -2002 Telephone (612) 829 -4500 Thank you for your inquiry as to our position concerning the proposed franchise agreement and fee. I will be making a presentation at the City Council meeting on Sept. 5 regarding our comments described in this letter. Unfortunately, NSP cannot agree to the franchise agreement as its currently written. Harold Bagley, NSP attorney, has previously stated his objections to language in the draft proposed. Additionally, we believe that a franchise fee cannot be enacted without the franchise agreement in place. NSP is in a unique situation in Shakopee. We have only 105 customers but 6 of them are very large energy users. The franchise fee as proposed would require these 6 customers to pay approximately one third of the total dollars collected from all utilities. That would be grossly unfair as they receive no greater benefits from paying the fee than do even the smallest residential customers. NSP also pays nearly a million dollars annually in property taxes in Shakopee of which the City receives approximately $120,000 while the School District and Scott County receive $326,000 and $200,000 respectively. At the same time, SPUC pays nothing in taxes. It is common knowledge that deregulation of the electric industry is near in Minnesota. When this happens, the most energy intensive customers may see the most benefits. Electric suppliers not affected by the franchise fee will most surely target our biggest customers as they will see instant savings when strapped with a franchise fee based on gross revenues. This puts NSP in a non - competitive position. Finally, NSP has publicly stated our objection to franchise fees. They are a regressive "tax" which are discriminatory toward certain classes of customers who rely on essential services to exist. If a city feels they must enact a franchise fee, NSP prefers that it not be a gross revenue type of fee. Shakopee is a unique city in that it is served by 3 electricity providers and one natural gas provider. In that mix, NSP and Minnegasco already pay significant taxes of which the majority goes to benefit residents in Scott County and Shakopee, the county seat. Asking NSP customers to pay a franchise fee on electricity and natural gas consumption is just not fair. The customers of the municipal utility do not have to pay such taxes through their rate assessments. I'd like to suggest that the City and its consultant take more time to negotiate this fee with all the concerned parties so that an acceptable fee structure can be agreed to. Respectfully, Patrick Cline Community and Local Government Relations Manager Excel Energy Northern States Power AEGRE 8& BENSON LLP 2200 NORWEST CENTER, 90 SOUTH SEVENTH STREET MINNEAPOLIS, MINNESOTA 55402 -3901 TELEPHONE 612- 336 -3000 FACSIMILE 612- 336 -3026 July 26, 2000 Mr. Mark McNeill City of Shakopee 129 Holmes Street South Shakopee, MN 55379 -1328 Re: Response to the June 23, 2000 Letter — Electric and Gas Utilities Serving Shakopee Dear Mr. McNeill: Thank you for your response to my June 5, 2000 letter. I am responding to your June 23, 2000 letter in order to clarify the position of Rahr Malting Co. ( "Rahr "), our client in this matter, and Rahr's disagreement with your conclusions in that letter. In your June 23, 2000 letter, you reference the "utility fee burden" that Shakopee Public Utilities ( "SPUC ") pays to the City's general fund, which you state is $750,000.00 annually over the past five years. I believe that calling such funds a "utility fee burden" is a misstatement. The $750,000.00 that the City receives from SPUC is not a utility fee, but is surplus enterprise income from a government business. These profits are similar to the profits from a municipal liquor operation, which are characterized as income and are not called a franchise fee. SPUC customers do not have a franchise fee line item on their bills, so the annual payments to the City's general fund should not be characterized as a franchise fee. They are simply surplus or profits from a non -profit government business. Therefore, in order to alleviate this so- called burden, SPUC could simply stop overchargLng its customers by $750,000.00 every year. I understand the fact that you had hoped that Rahr "would appreciate the fairness" of the premise that a franchise fee burden should be borne by all electric and gas utility users. However, SPUC does not have any "utility fee burden" because it appears to us that SPUC is overcharging its customers, which is why the City receives over $750,000.00 annually. By imposing a franchise fee on Northern States Power ("NSP") and Reliant Energy Minnegasco ( "Minnegasco ") in order to have them pay a similar amount to the City, the City would be punishing NSP and Minnegasco for SPUC's overcharging its customers. In essence, the City would be forcing NSP and Minnegasco to overcharge their customers by the same amounts as SPUC is overcharging its customers. Minneapolis Denver Des Moines London Frankfurt Page 2 I would now like to address the specific points you outlined in your letter. Specifically, please note the following: 1. Toro, Seagate, and ADC Telecommunications will not experience a reduction in electric franchise fees because of "the cost spreading the City is undertaking." In fact, as mentioned earlier, they are currently not being charged a franchise fee at all, but are rather being overcharged by SPUC itself. Enacting an electric franchise fee will not prevent SPUC from continuing to overcharge its customers. 2. We appreciate the fact that the $.0033 per kilowatt hour formula will not be used, as you indicated in your letter. Such a rate would severely hurt Rahr's business. As you know, the potential for a $.0033 per kilowatt hour franchise fee would devastate the businesses of Shakopee, especially Rahr. However, any franchise fee at all would have a negative impact on Rahr's business. Rahr anticipates that a utility franchise fee will curtail any plans for expansion from Rahr. This stagnation of business will likely occur in the many industries of Shakopee affected by the utility franchise fee. I would also like to address your argument that utility companies may absorb any or all of a franchise fee without passing the amounts to their customers. We have been told by Minnegasco and NSP that they both intend to pass on this franchise fee entirely to their customers. Thus, our assumption that Rahr Malting Co. and the other businesses of Shakopee will be bearing the full burden and costs of any franchise fee imposed by the City remains true. 3. You contend that because NSP has urged the Minnesota Legislature to make its property from the plant in eastern Shakopee tax exempt, the argument that NSP paid $985,666.00 in real estate and property taxes in 1999 is or will be moot. This argument is not moot and is very real. First, NSP is currently paying real estate and property taxes and assuming that they will be successful in their bid to become tax exempt is mere conjecture; we cannot predict how the State Legislature will vote on this issue. The fact remains that NSP is paying real estate and property taxes now and SPUC is not. Minnegasco also paid $660,564.00 in real estate and property taxes in 1999, taxes for which SPUC is exempt and, like NSP, will continue to pay such taxes in the future. In addition, you claim that only 18% of NSP's taxes go to the City directly, while SPUC's yearly enterprise profits all go to the City directly. This ignores the fact that the rest of NSP's taxes paid go either to Scott County or to the State of Minnesota. These taxes also benefit the City and all communities of Scott County. Shakopee definitely has a stake in what occurs in Scott County and the State of Minnesota. The same "equitable sharing of utility fee" argument that the City is using against NSP can be used against the City in this regard. SPUC pays $0.00 per year to Scott County and the State of Minnesota, while NSP pays approximately Page 3 $525,462.00 per year to Scott County and approximately $341,644.00 to the State. When it comes to paying for county -wide and State -wide services, SPUC is not paying its fair share. In fact SPUC is paying nothing. We acknowledge that Minnesota law does not tie franchise fees to payment of personal or real property taxes. However, we present this argument in order to show that NSP and Minnegasco are paying its fair share of money for community needs, be it the needs of Shakopee or the needs of Scott County. If the City wants to "draw the proper balance between community needs and the fair allocation of costs to meet those needs," it should take a long hard look at what NSP and Minnegasco pay to Scott County and the City of Shakopee through real estate and personal property taxes. SPUC does not pay one penny for the needs and services of the Scott County. A franchise fee would be yet another financial burden on NSP and Minnegasco that SPUC does not have. NSP already pays more to Shakopee and Scott County than does SPUC. A franchise fee would increase this unfair, uneven scenario even further. 4. The City does not have a franchise agreement with NSP. As you acknowledge in your letter, Minnesota law requires a franchise before a franchise fee can be imposed. 5. I mentioned in my June 5, 2000 letter to the Mayor and City Council members that only sixteen (16) cities in Minnesota impose a franchise fee on electric service, and only ten (10) cities collect franchise fees for gas service (I have now been informed that there are only approximately fifteen (15) cities with an electric franchise fee and only eight (8) cities with gasoline franchise fees). While the decision to impose a franchise fee is at the City's discretion, hundreds of Minnesota cities choose not to have any sort of utility franchise fee. These astounding numbers demonstrate that the vast majority of Minnesota cities do not want to harm their businesses and residents with a utility franchise fee and that Shakopee would be extremely unique in doing so. Imposing a utility franchise fee in the City of Shakopee would harm its industrial constituents and will make the hundreds of Minnesota cities that do not have such a burdensome franchise fee a very tempting place to relocate. The political suicide of imposing a utility franchise fee is the likely reason why there are so many Minnesota cities without them. We agree that Shakopee is a unique city, but being unique by being only one of seventeen cities in the State that harm its constituents by imposing an electric franchise fee is not the kind of distinction Shakopee wants. The fact that Shakopee is served by various different gas and electric utilities does not justify imposing a utility franchise fee. 6. The playing field is currently unfair and in favor of SPUC. While SPUC's customers in Shakopee are in different service territories than NSP's customers, NSP is paying far more in taxes than SPUC is paying to the City from its profits. Imposing another fee on top of the taxes that NSP and Minnegasco already pay tilts the playing field even more. The fact that SPUC's customers are different from NSP's does not Page 4 change the unfair fact that NSP already pays more money to local governments than does SPUC. Piling on a utility franchise fee on top its taxes is an uneven burden on NSP that it will undoubtedly pass on to Rahr and the rest of its customers. We agree that the money paid by SPUC, NSP, and Minnegasco will be returned to the ratepayers through quality city or county services. However, NSP's burden in paying for such services is much greater than SPUC's already and will be even greater if a utility franchise fee is imposed. This burden will be passed on to Rahr. Rahr, like the City of Shakopee, wants fairness in allocating burdens equally. Because SPUC is not paying its fair share of the burdens for the services given by Scott County, we believe that a utility franchise fee imposed on NSP and Minnegasco would unfairly burden the two utilities even more. The franchise fee will be passed on by the utilities to the businesses and industries of Shakopee and will suffocate growth in the business sector. Rahr will be hit particularly hard by a franchise fee imposed on NSP. We disagree with your statement that only customers of SPUC pay a franchise fee to the City, the benefits of which are enjoyed by everyone. NSP and Minnegasco pay large of amounts to the City in real estate and property taxes as well and also pay taxes to Scott County, the benefits of which are enjoyed by everyone in Shakopee. These burdens are not imposed on SPUC. We also would like to reiterate that characterizing SPUC's yearly payments to the City as a utility franchise fee is really a misstatement. As mentioned before, there is no line item for a franchise fee on SPUC's bills to it customers. The money paid to the City by SPUC is really the profits made by SPUC by overcharging its customers. SPUC is a government operation like a municipal liquor store and municipal liquor stores do not characterize their payments to municipalities as a franchise fee, but rather as income. We hope that the City acts fairly in allocating burdens when deciding whether to impose a utility franchise fee. Rahr anticipates that any plans for the expansion of its plant will be severely curtailed if a utility franchise fee is enacted by the City. This type of industry stagnation will permeate throughout the City if a utility franchise fee is enacted. We recognize that the City has a right to impose a utility franchise fee. However, we want to point out that imposing a utility franchise fee will have severe economic and political ramifications for the City and the City Council. Thank you for your time and consideration. Very truly yours, FAEGRE & BENSON LLP Roger F. Behrens June 23, 2000 Roger F. Behrens Faegre & Benson, LLP 2200 Norwest Center 90 So. Seventh Street Minneapolis, MN 55402 -3901 Re: June 5, 2000 Letter —Gas and Electric Utilities Serving Shakopee Dear Mr. Behrens: This letter is in response to your June 5, 2000 letter to the Mayor and City Council. Thank you for your communication on this important matter. I will assume the views expressed in the letter are those of the clients your firm represents and are shared by the parties you copied in your letter. The City is not clear, however, which of those utilities and business customers are Faegre & Benson clients, other than Rahr Malting. I feel compelled to respond to the letter because, as a representative of the City, I respectfully disagree with your position and with important facts on which you base your conclusions. The City values the presence of its corporate citizens and seeks to establish policies that draw the proper balance between community needs and the fair allocation of costs to meet those needs. The City has required payments from its municipal electric utility, Shakopee Public Utilities, totaling over $750,000 annually for the past 5 years (a $962,500 average over the past 2 years). These funds help defray costs of the many city -wide services necessary to accommodate City residents, businesses and visitors in the growth environment the City is experiencing. Over the past 20 years, the population of Shakopee has doubled, to an estimated 20,000 residents now. Staff has been directed to find an appropriate way to share the utility fee burden previously borne entirely by Shakopee Public Utilities, among all utilities serving residents and businesses in the City. In this way, costs that benefit all in the City can be borne by all gas and electric users in the City, not just electric users within the municipal utility area. We had sincerely hoped that the clients your firm apparently represents would appreciate the fairness in that premise and await the specific proposal before objecting in the manner contained in the June 5 letter. CoNwuNrry PRIDE SINCE 1857 .nos - 1818190 129�ffiz�5e7ftreet South - Shakopee, Minnesota - 55379 -1351 612- 445 -3650 - FAX 612 -445 -6718 June 14, 2000 Page 3 of 3 is very unique relative to most other Minnesota cities in that Shakopee is served by a municipal utility, an investor -owned utility and a cooperative utility. Additionally, Rahr Malting is served by Northern Natural Gas. Northern Natural Gas has avoided a facility presence in the City, yet competes with Minnegasco for customers within the City. We would expect that the vast majority of cities in Minnesota are served by a single gas company and a single electric company. 6. You reference tilting the "playing field in favor of SPUC and against NSP, Minnegasco and their users by imposing a utility franchise fee...." We are not clear what you mean by "playing field" regarding businesses within the City served by the different utilities. SPUC and NSP have assigned service territories under state law. Minnegasco's main competitor in the City appears to be Northern Natural Gas. We also do not believe that a fairly distributed franchise fee will stagnate the tax base of the City. Again, the fees that will be spread across the residential and business communities will be returned to the same ratepayers through quality city services. We trust that our individual and corporate citizens value the quality of life the City provides to them and continually strives to improve on. In sum, we do not feel your request is well - founded to require only customers of the municipal utility to pay a franchise fee to the City, where benefits from that franchise fee are enjoyed by the customers of the utility serving other areas of the City. We hope to continue the dialog with the utilities and businesses you represent. We are confident that the City will act fairly and for the good of the community. We are also hopeful that the business community will recognize the fairness in allocating burdens equally. You will be receiving a copy of the proposed franchise fee ordinance sufficiently enough in advance of the City Council's consideration to have time to review and comment. Sincerely, I � lam. kliw Mark McNeill City Administrator cc: Mayor and City Council AEGRE & BENSON LLP 2200 NORWEST CENTER, 90 SOUTH SEVENTH STREET MINNEAPOLIS, MINNESOTA 55402 -3901 TELEPHONE 612- 336 -3000 FACSIMILE 612- 336 -3026 ROGER F. BEHRENS rbehrens iUaegrexom 612./336 -3363 June 5, 2000 Mayor John Brekke and Shakopee City Council Members City of Shakopee 129 Holmes Street South Shakopee, MN 55379 -1328 Re: Response to the May 15, 2000 City Council /Shakopee Public Utilities Commission Meeting Dear Mayor Brekke and Council Members: One of the chief concerns of the Shakopee Public Utilities Commission ( "SPUC ") during the May 15, 2000 meeting with the Shakopee City Council about the proposed utility franchise fee w as to create a level playing field between SPUC and the other public utilities in the City of Shakopee. The members of SPUC maintained that a utility franchise fee would create a level playing field and would ensure that Northern States Power ( "NSP ") and Reliant Energy Minnegasco ( "Minnegasco ") pay their "fair share." I would like to point out, as I did at the May 15, 2000 meeting, that the playing field is already level and even tilted against NSP, Minnegasco and their customers. NSP is paying $985,666.00 in personal and real property taxes in 1999 and Reliant Energy Minnegasco is paid $832,254.00 in personal and real property taxes in 1999. SPUC is exempt from these taxes imposed on NSP and Minnegasco. Both NSP and Minnegasco are paying more money in taxes each year than the annual average of $824,000.00 that SPUC pays to the City from its profits. The $824,000.00 yearly average that SPUC pays to the City's General Fund is really a profit or enterprise income that the City is claiming as sort of a franchise fee. However, there is no franchise fee line item on the bills to SPUC customers. SPUC fails to recognize that their $824,000.00 average yearly contribution to the City General Fund is really a profit from a non -profit corporation and not a franchise fee. SPUC is not subject to the personal and real property tax burden that NSP and Minnegasco are subject to and is actually contributing less money to local government than both NSP and Minnegasco, even before the imposition of a franchise fee. A utility franchise fee would tilt the scales even further against NSP and Minnegasco. It is important to point out that only sixteen (16) cities in Minnesota impose a franchise fee on electric service, and only ten (10) cities collect franchise fees for gas service. All of the rest of the hundreds of Minnesota cities do not have any sort of utility franchise Minneapolis Denver Des Moines London Frankfurt Page 2 fee. Imposing a utility franchise fee in the City of Shakopee would harm its industrial constituents and will make other cities that do not have such a burdensome franchise fee a very tempting place to relocate. The political and legal ramifications of enacting a utility franchise fee will be major. The following industries of Shakopee have already expressed their concern and opposition to a utility franchise fee: 1. Rahr Malting Company 2. ADC Telecommunications 3. Valley Fair 4. Anchor Glass 5. CertainTeed 6. Inland Container & Packaging, Inc. 7. Superior Minerals 8. Fremont Industries 9. Toro 10. Seagate 11. Conklin Company The proposed utility franchise fee runs the risk of stagnating the Shakopee tax base while suffocating the existing tax base with an additional burdensome fee. Such stagnation will not increase revenue to the City. The current growth of existing businesses and industries within the City will continue to increase the tax base of the City, creating no real need for any additional revenue resulting from the proposed franchise fee. In fact, the proposed franchise fee's stagnation of the existing tax base may result in a net loss of revenue to the City in the long run, especially considering that many of the listed industries may relocate to another city because they would no longer be able to afford to conduct their business in the City of Shakopee. An electric service franchise fee of .0033 cents per kilowatt hour would cost Rahr Malting Co. over $250,000.00 per year based upon their expected usage for 2000, and this figure is not even considering a gas service franchise fee. Finally, as you are aware, under Minn. Stat. §216B.36, a City cannot enact a franchise fee without a franchise ag eeme'rt. Therefore, tile vlty ircast enter into a franchise agreement with NSP and/or Minnegasco if it were to impose a franchise fee on them. If Shakopee insists on being one of the few cities in the State of Minnesota, two of which are Minneapolis and St. Paul, that burdens its businesses with a utility franchise fee, the franchise agreement should include a cap on the fee that each customer of NSP and Minnegasco must pay. The businesses and industries of Shakopee, which will be negatively impacted by any utility franchise fee, must have a reasonable cap on the amounts that they would have to pay for any proposed franchise fee. The City of Saint Paul recognizes that it must protect its businesses from being overburdened by its utility franchise fee and has a cap on the amounts that must be paid by its large commercial and industrial customers. Clearly, Rahr Malting Co. cannot afford to lose over $250,000.00 a year. If the City wishes to tilt the playing field in favor of SPUC and against NSP, Minnegasco, and their users by imposing a utility franchise fee, it June 14, 2000 Page 2 of 3 By the franchise process the City is undertaking, the City intends to spread the cost to all residents and businesses that benefit directly or indirectly from City services the franchise fee would provide. The City has retained a rate analyst to determine a fair sharing of that cost among all utilities serving customers in the City. This process is ongoing and the City will be presented with final calculations shortly. We know that because of the spreading of the fixed amount, it will be a rate less than the $.0033 per kilowatt hour that you have been using to object to the City's position. Specifically regarding the June 5 letter, please note the following: 1. Toro, Seagate, a portion of the Conklin property, and the current ADC facilities included in your letter as objecting to the City's proposed action are businesses within the municipal electric utility service area and will, as a result, experience a reduction in electric franchise fees because of the cost spreading the City is undertaking. 2. As noted above, the $.0033 per kilowatt hour formula will not be used. The formula will be lower and be equalized to gas and electric usage in so far as is possible, given the different forms of energy. For example, Rahr Malting would pay substantially less than $250,000 per year for any electric franchise fee imposed. We also note that the customer fee examples you use presume what has been the practice of the investor -owned utilities when charged franchise fees, that they pass the entire amount directly through to their ratepayers rather than absorb any portion of them. 3. You argue that NSP and Reliant Energy Minnegasco pay substantial amounts in property taxes, which they also pass through to their ratepayers. Yet the majority of NSP's taxes paid are derived from the peaking plant in eastern Shakopee that NSP has urged the Legislature, during the past two sessions, to make tax exempt along with other utility property. If NSP is successful next year or thereafter, the taxes you reference will disappear. Further, utility tax payments from real and personal property located in the City are split with other public entities —only about eighteen per cent goes to the City. Therefore, the large dollar amounts you reference in the June 5 ffi letter do not accurately reflect the City's stake. Regardless of the merits of this issue, Minnesota law does not tie franchise fees to payment of personal or real property taxes. Franchise fees are paid in consideration of the privilege the utility is granted to serve customers within the City and to use the public rights -of -way to do so. 4. The City is aware that prevailing Minnesota law would require a franchise from NSP and Minnegasco before a franchise fee could be imposed. Please note that the City already has a franchise with Minnegasco. The franchise allows for a franchise fee up to a total of 4% of Minnegasco's gross revenue generated within the City. 5. Regarding other cities' decisions not to include franchise fees on electric and gas service, the City cannot comment on the considerations that have gone into those determinations. The State Legislature expressly leaves that decision to the City's discretion and does not tie it to . other considerations, including how many other cities impose franchise fees. Also, the City Page 2 needs to ensure that users like Rahr Malting Co. do not "slide off' the unlevel playing field created by the utility franchise fee. A cap on the utility franchise fees paid by commercial and industrial customers is one way to prevent utility users from sliding off the unlevel playing field that the City will create by imposing a utility franchise fee. Thank you for your time and consideration. Very truly yours, FAEGRE & BENSON LLP /j ca , T 6-C t . s y� a Roger F. Behrens RFB:harjf cc: Mark McNeill, City Administrator Kathy Kozak Roberts, ADC Telecommunications Alan Schwartz, Valley Fair Russ Barto, Anchor Glass Gary Swenson, CertainTeed Steve Nerison, Inland Container and Packaging, Inc. Peter Dunning, Superior Materials (via e -mail) Gregg Smith, Fremont Industries Bruce Kent, Toro Les Beatty, Seagate Del Audette, Conklin Co. Pat Cline, NSP Arnie Hendrickson, Reliant Energy Minnegasco Robert Micheletti, Rahr Malting M1:623082.02 Mayor Jon Erekke, Council members, and staff. My name is Connie Hargest and I a representing Reliant Energy Minnegasco ). I would like to present some information tonight which may be useful to the city and its residents in forming an opinion regarding the proposed franchise fee. REM has always had a good working relationship with the City of Shakopee and we want to continue to work together to provide energy and other products to the community's residents and businesses. Our intent tonight is to provide the city, our over 7600 residential customers, and 800 business customers with adequate information to make an informed decision on this very important issue. General comments: Reliant Energy Minnegasco (REM) would not recommend a city tax (franchise fee) be imposed on our product because it makes our product appear to be more costly. Natural Gas prices are expected to rise this year by about 30% due to acquisition costs from the wellhead (our suppliers). This extra expense will already add about $20 per month to the average residential customer's gas bill in Shakopee. Additionally, We feel a franchise fee is a regressive tax that unduly burdens fixed and lower income residents. Plus, it encumbers our business customers that need large volumes of natural gas to produce their products. It could also make Shakopee less competitive in attracting future business operations to the community. However, all of this being said, we do recognize the city's authority to generate revenue and operate the city in any manner they deem necessary. Should the city decide that the advantages to impose this tax outweigh the disadvantages, we would recommend a "per meter" tax be initiated as opposed to a gross revenue tax. This would reduce some of the problems associated with competition and the future in a deregulated energy market. It would insure a more predictable stream of revenue for the city, and it would help to reduce the burden on large volume business customers. If the city chooses to use the gross revenue method for this tax, we would highly recommend a fee cap on high volume usage. We would also recommend the City communicate to all of its residents and businesses, using many different types of contact, regarding the details of the proposed fee. Regardless of the tax method implemented, we would collect the fee from our Shakopee customers using our billing process (a separate line item) and turn these revenues over to the city on a quarterly basis as requested. gam j / e \,',Ve an! Mrnnegasc® 800 LaSalle Avenue P.O. Box 59038 Minneapolis, Minnesota 55459 -0038 More sneci c Details: ® A Q&A is being offered tonight to give an overview of franchise fees (in general) and some specifics of the Shakopee proposed fee ® The proposed 2.71% fee (`ax) is to be collected on gross natural gas revenues generated from residents and businesses in the city of Shakopee. This could possibly result in the following Scenario were all parties would lose: Scenario: Due to the added costs of a franchise fee some businesses look at using a 3 rd party marketer to acquire gas directly from transmission lines. This would bypass the distribution company (innegasco). These businesses would then pay a franchise fee only on the distribution (transfer) costs collected by REM. Result: (1)City could lose 70 -100% of the revenue it anticipated collecting from these businesses... total lost tax revenue could be 48% of the $401,130 the city would have collected (or about $192,000), (2) Reliant Energy Minnegasco could lose valuable large volume customers, (3) Businesses would assume significant additional risks and possibly expense involved with contracting directly for natural gas, (4 Shakopee could become a less attractive city for new businesses. in conclusion: Thank you for allowing me the opportunity to share this information with the city. Please be assured that Reliant Energy Minnegasco will support the City of Shakopee in whatever choices it makes regarding franchise fees. Statistics: The following are Reliant Energy Minnegasco statistics related to Shakopee: Total Residential Customers ............... ...........................7617 Total Business Customers .................. ............................800 Large Vol. Business Customers ............ .............................44 (or 5% of total) Total revenue est. to city on 2.71 % franchise fee (gas) ..............$ 401,130 Total est.franchise fee to be paid by Large Vol. Gas Users .......... $ 192,542 Total Current Property &Real Estate Tax paid to City by REM ....$ 170,000 Total Taxes paid to Scott County by REM ............................$ 660,564 s , M1nnegasco 800 LaSalle Avenue P.O. Box 59038 Minneapolis, Minnesota 55459 -0038 Facts About 1 1i P F ranc h ise Fee The City of Shakopee may enact a franchise fee on utility services to all natural gas and electric customers in the city. The following Q & A provides an overview of franchise fees and some specifics of Shakopee's proposed fee. Q: What is a franchise fee? A: A franchise fee is a tax that is charged by a municipality on the product delivered by utility companies to city residents and businesses. This includes gas, electric, or cable service in the community. The fee is collected by the utility from their customers and paid to the city. The fee can be used by the city to raise revenues or defray increased municipal costs accruing as a result of utility operations, or both. Q: Whowill decide whether the City of Shakopee has a franchise fee? A: The Shakopee City Council will make the decision on whether or not to enact a franchise fee. Q: W - hen will the City of Shakopee decide on the franchise fee? A: The City Council is holding a public information meeting at their regularly schedule council meeting on Tuesday September 5 Following this information meeting, the council will vote to approve or disapprove the fee at their next city council meeting on September 19 If approved, the franchise fee will be added to customers' bills beginning January 1 �, 2001. Q: Is the franchise fee an additional Reliant Energy - charge? A: This proposed franchise fee is not an additional Reliant Energy Minnegasco charge. The franchise fee (tax) is collected from customers, is based on gas usage, and will appear as a separate line item on our billing statement. A check is then issued to the City of Shakopee for the fees collected Reliant Energy Minnegasco makes no profit from the franchise fee Q: N the City Council approves this fee, how much wfll the average resident or business pay? A: Reliant Energy Minnegasco customers in the City of Shakopee will pay, on average, the following franchise fees. These estimates are based on the city's proposed 2.71% fee to be collected on gross gas revenues in Shakopee: Customer Type Monthly Fee Yearly Total Residential S 1.38 S 16.54 Commercial A S 1. 2 $ 15.84 Commercial/Ind B $ 4.43 $ 53.19 Commercial/Ind C $ 25.44 $ 305.22 Small Duel Fuel A $ 51.43 $ 617.20 Small Dual Fuel B $ 329.27 S 3,951.27 Large Dual Fuel $1,439.22 $17,270.66 Q: What is the average yearly amount of revenue the City of Shakopee will generate from a 2.71% franchise fee on natural gas? A: Based on natural gas sale estimates for the year 2000, Reliant Energy Minnegasco will collect 5401,130 dollars in franchise fees from Shakopee residential and commercial/industrial customers. This tax will be paid to the city on a quarterly basis. Q: Are all utility customers affected by these fees? A: Yes. The city is planning to impose franchise fees on all utilities that provide gas and electric service in Shakopee, including Reliant Energy Minnegasco, Excel (NSP), Minnesota Valley Electric, and Shakopee Public Utilities. Q: Where Can I get more information? A: For more information regarding this proposed franchise fee, you may call the City of Shakopee at 952 -445 -3650 or access the city's web site: www.ci.shal opee.inn -corn Printed on recycled paper with soy ink 60% recycled and 30 post consumer waste x 41999 Reliant energy CO -2709 Mayor Jon Brekke, Council members, and staff. My name is Connie Hargest and I am representing Reliant Energy Mimegasco ). I would like to present some information tonight which may be useful to the city and its residents in forming an opinion regarding the proposed franchise fee. REM has always had a good working relationship with the City of Shakopee and we want to continue to work together to provide energy and other products to the community's residents and businesses. Our intent tonight is to provide the city, our over 7600 residential customers, and 800 business customers with adequate information to make an informed decision on this very important issue. General co eats: Reliant Energy Minnegasco (REM) would not recommend a city tax (franchise fee) be imposed on our product because it makes our product appear to be more costly. Natural Gas prices are expected to rise this year by about 30% due to acquisition costs from the wellhead (our suppliers). This extra expense will already add about $20 per month to the average residential customer's gas bill in Shakopee. Additionally, We feel a franchise fee is a regressive tax that unduly burdens fixed and lower income residents. Plus, it encumbers our business customers that need large volumes of natural gas to produce their products. It could also make Shakopee less competitive in attracting future business operations to the community. However, all of this being said, we do recognize the city's authority to generate revenue and operate the city in any manner they deem necessary. Should the city decide that the advantages to impose this tax outweigh the disadvantages, we would recommend a "per meter" tax be initiated as opposed to a gross revenue tax. This would reduce some of the problems associated with competition and the future in a deregulated energy market. It would insure a more predictable stream of revenue for the city, and it would help to reduce the burden on large volume business customers. If the city chooses to use the gross revenue method for this tax, we would highly recommend a fee cap on high volume usage. We would also recommend the City communicate to all of its residents and businesses, using many different types of contact, regarding the details of the proposed fee. Regardless of the tax method implemented, we would collect the fee from our Shakopee customers using our billing process (a separate line item) and turn these revenues over to the city on a quarterly basis as requested. 4D 4108 Valley Industnal Blvd. A! Shakopee, MN 55379 952 -445 -5000 September 1, 2000 Mark McNeill City Administrator 129 S. Holmes Street Shakopee, MN 55379 Dear City Administrator McNeill: I am the General Manager of Anchor Glass Container in Shakopee and have worked for Anchor Glass for several years. I am aware that the City Council is conducting a public meeting on September 5, 2000 to discuss the possible utility franchise fee ordinance proposal. This utility franchise fee would have a substantial impact on the company as well as many of our employees living in the city of Shakopee. We are emerging from a re- organization under Chapter 11 and this tax would be detrimental to our recovery. We could use this substantial amount of money to make improvements to our facility_ Sincerely, Anchor Glass Container R�u�- Russ Barto General Manager Shakopee City Council franchise tax Itr.doc RAHR MALTING CO. A SINCE 1847 800 WEST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379, PHONE 6121445 -1431 We are employees of Rahr Malting Co. and although we do not live in the city of Shakopee, our jobs are dependent on being competitive in our market. We are opposed to any franchise4ax on the use of electricity and natural gas. This is an unfair tax and will put us at a disadvantage in our industry. MINNEAPOLIS, MINNESOTA ® SHAKOPEE, MINNESOTA We are employees of Rahr Malting Co. and citizens of Shakopee. We are opposed to any franchise4ax on the use of electricity and natural gas. MINNEAPOLIS, MINNESOTA - SHAKOPEE, MINNESOTA OD ij, y &� � 0.i� t. .w ALLIED SALES DRIVERS, AMBULANO E, BEER, BREWERY GRAIN ELEVATOR, RETAIL LIQUOR, LIVERY MALT HOUSE, SPRING WAT SOFT DRINK, Wf�AB, VENDING DRIVERS, HELPERS, INSIDE EMPLOY SAND GENERALI� RKERS UNION 3001 UNIVERSITY AVE. SOUTHEAST Phone (6. • )331.9194 FAX 33 72 MINNEAPOLIS, MINNLSOTA55414 -3384 September 5, 2000 Attention: All City Council McArs Mr, John Brekke, Mayor Mr. Robert Sweeny Mr. Gary Morke Mr. Cletus Link Ms. Deb Amundson RE: Proposed Utility Franchleb Fee Dear Honorable Mayor and Council Members: I regret not being able to attendthe Tuesday, Sep%mber 5 meeting. Teamsters Local 792 has, for y ;ars, been the l6d #union representing the employees located at RAHR 1 i1ng Company of hakopee, Minnesota. Based on current Information roDarding the utility f nchlse tax, this local believes RAHR Malting Company has b0pn unfairly "hit" by:gas and electric rate increases and the potential of an i n 91220on ded„ fri&hise fee of 2.71 %. The parties are deeply affected In f* negotiation proc ss when the potential of a quarter - million dollar loss occur - (see letter of JuI '5, 2000 Faegre & Benson LLP). It is this local's position th"such a franchls #ax would be harmful to this community and drive local cons tuents Into relobibg. We view this franchise fee as u . fair to this busine�b which has supported working families in the commun' for over a cent4.ry and are against exorbitant "fees" which are not needed anwl11 harm this cotpany, these workers and others. Affiliated with the. j%jernational Brotherfil.Qod of Teamsters w�: City Council members September 5, 2000 Page two We urge you to be fair and takdja serious look at fie proposed franchise fee ordinance and electric ordinan, Sincerely, Lawrence A. Yoswa Secretary Treasurer Enclosure LAY:sme opeluU Mayor Jon Brekke, Council members, and staff. My name is Connie Hargest and I a representing Reliant Energy Minnegasco (REM). I would like to present some information tonight which may be useful to the city and its residents in forming an opinion regarding the proposed franchise fee. REM has always had a good working relationship with the City of Shakopee and we want to continue to work together to provide energy and other products to the community's residents and businesses. Our intent tonight is to provide the city, our over 7600 residential customers, and 800 business customers with adequate information to make an informed decision on this very important issue. General coy ents: Reliant Energy Minnegasco (REM) would not recommend a city tax (franchise fee) be imposed on our product because it makes our product appear to be more costly. Natural Gas prices are expected to rise this year by about 30% due to acquisition costs from the wellhead (our suppliers). This extra expense will already add about $20 per month to the average residential customer's gas bill in Shakopee. Additionally, We feel a franchise fee is a regressive tax that unduly burdens fixed and lower income residents. Plus, it encumbers our business customers that need large volumes of natural gas to produce their products. It could also make Shakopee less competitive in attracting future business operations to the community. However, all of this being said, we do recognize the city's authority to generate revenue and operate the city in any manner they deem necessary. Should the city decide that the advantages to impose this tax outweigh the disadvantages, we would recommend a "per meter" tax be initiated as opposed to a gross revenue tax. This would reduce some of the problems associated with competition and the future in a deregulated energy market. It would insure a more predictable stream of revenue for the city, and it would help to reduce the burden on large volume business customers. If the city chooses to use the gross revenue method for this tax, we would highly recommend a fee cap on high volume usage. We would also recommend the City communicate to all of its residents and businesses, using many different types of contact, regarding the details of the proposed fee. Regardless of the tax method implemented, we would collect the fee from our Shakopee customers using our billing process (a separate line item) and turn these revenues over to the city on a quarterly basis as requested. 300 LaSalle Avenue P.O. Box 99033 Minneapolis, Minnesota 99459 -0033 More specLFic Ike s: ® A Q&A is being offered tonight to give an overview of franchise fees (in general) and some specifics of the Shakopee proposed fee The Proposed 2.71% tee (tom) is to be collected on gross natural gas revenues generated from residents and businesses in the city of Shakopee. This could possibly result in the following Scenario were all parties would lose: Scenario: Due to the added costs of a franchise fee some businesses look at using a 3 rd party marketer to acquire gas directly from transmission lines. This would bypass the distribution company (Minnegasco). These businesses would then pay a franchise fee only on the distribution (transfer) costs collected by REM. Result: (i)City could lose 70 -100% of the revenue it anticipated collecting from these businesses ... total lost tax revenue could be 48% of the $401,130 the city would have collected (or about $192,000), (2) Reliant Energy Minnegasco could lose valuable large volume customers, (3) Businesses would assume significant additional risks and possibly expense involved with contracting directly for natural gas, (4 Shakopee could become a less attractive city for new businesses. In conclusion: Thank you for allowing me the opportunity to share this information with the city. Please be assured that Reliant Energy Minnegasco will support the City of Shakopee in whatever choices it makes regarding franchise fees. Statistics: The following are Reliant Energy Minnegasco statistics related to Shakopee: Total Residential Customers ............... ...........................7617 Total Business Customers .................. ............................800 Large Vol. Business Customers ............ .............................44 (or 5% of total) Total revenue est. to city on 2.71% franchise fee (gas) ..............$ 401 Total est.franchise fee to be paid by Large Vol. Gas Users .......... $ 192,542 Total Current Property &Real Estate Tax paid to City by REM....$ 170,000 Total Taxes paid to Scott County by REM ............................$ 660,564 \, 'Re Er 8Y 800 LaSalle Avenue P.O. Box 59038 Minneapolis, Minnesota 55459 -0038 The City of Shakopee may enact a franchise fee on utility services to all natural gas and electric customers in the city. The following Q & A provides an overview of franchise fees and some specifics of Shakopee's proposed fee. Q: What is a franchise fee? Q: If the City Council approves this fee, how much will A: A franchise fee is a tax that is charged by a municipality on the average resident or business pay? the product delivered by utility companies to city residents A: Reliant Energy Minnegasco customers in the City of and businesses. This includes gas, electric, or cable service Shakopee will pay, on average, the following franchise in the community. The fee is collected by the utility from fees. These estimates are based on the city's proposed their customers and paid to the city. The fee can be used by 2.71 % fee to be collected on gross gas revenues in the city to raise revenues or defray increased municipal Shakopee: costs accruing as a result of utility operations, or both. Customer Tyne Monthly Fee Yearly Total Q: Whomll decide R-hether the City of Shakopee has a Residential $ 1.38 $ 16.54 franchise fee? Commercial A $ 1.32 $ 15.84 A: The Shakopee City Council will make the decision on whether Commercial/Ind B $ 4.43 $ 53.19 or not to enact a franchise fee. Commercial/Ind C $ 25.44 $ 305.22 Small Duel Fuel A $ 51.43 $ 617.20 Q: When `ll the City of Shakopee decide on the franchise Small Dual Fuel B $ 329.27 $ 3,951.27 fee? Large Dual Fuel $1,439.22 $17270.66 A: The City Council is holding a public information meeting at their regularly schedule council meeting on Tuesday September 5 h . Following this information meeting, the Q: What is the average yearly amount of revenue the council will vote to approve or disapprove the fee at their City of Shakopee wiH generate from a 2.71/® next city council meeting on September 19 th . If approved, the franchise fee on natural gas? franchise fee will be added to customers' bills beginning A: Based on natural gas sale estimates for the year 2000, January 1 " 2001. Reliant Energy Minnegasco will collect $401,130 dollars in franchise fees from Shakopee residential and Q: 1s the franchise fee an ad ' 'opal Reliant Ener commercial/industrial customers. This tax will be paid N ' neg charge? to the city on a quarterly basis. A: This proposed franchise fee is not an additional Reliant Energy Minnegasco charge. The franchise fee (tax) is collected from Q: Are all utility customers affected by these fees? customers, is based on gas usage, and will appear as a separate A: Yes. The city is planning to impose franchise fees on all line item on our billing statement. A check is then issued to utilities that provide gas and electric service in the City of Shakopee for the fees collected. Reliant Energy Shakopee, including Reliant Energy Minnegasco, Excel Minnegasco makes no profit from the franchise fee. (NSP), Minnesota Valley Electric, and Shakopee Public Utilities. Q: Where Cam 1 get more information? A: For more information regarding this proposed franchise fee, you may call the City of Shakopee at 952 -445 -0650 or access the city's web site: coin Printed on recycled paper with soy ink 60% recycled and 30% post consumer waste ©1999 Reliant Energy CO -2709 CITY OF SHAKOPEE Memorandum Mayor and City Council Mark McNeill, City Administrator R. Michael Leek, Community Development Director Preliminary Plat of Pheasant Run 6 Addition September 5, 2000 Pheasant Run of Shakopee, L.L.C. has made application for preliminary plat approval of Pheasant Run 6' Addition. The proposed preliminary plat was reviewed by the Planning Commission at its meeting of August 17, 2000. A copy of the report that went to the Planning Commission is attached for the Council's information. Planning Commission Recommendation: The Planning Commission voted to recommend the approval of the proposed preliminary plat with the conditions proposed by staff, but with the additional proposed conditions: Condition #7: Outlot B shall be deeded to the adjacent property owner to the east. Condition #8: the general SPUC language about no guarantee of level of water service. Condition #9: Teal Street shall be constructed as a through street and Outlot C shall remain the same size as indicated on the plan (which may require aquiring the 2 lots to the north). Staff has included these proposed conditions in the attached, draft resolution for Council's consideration. Alternatives: 1. Approve the attached resolution approving the preliminary plat subject to the proposed conditions; 2. Approve the resolution approving the preliminary plat subject to revised conditions; 3. Do not approve the proposed preliminary plat of Pheasant Run 6 Addition. 4. Table a decision in order to allow time for the applicant and/or staff to provide additional information. Action Requested: Offer the attached resolution approving the preliminary plat of Pheasant Run 6 Addition subject to the conditions as presented. R. Michael Leek Community Development Director is \commdev \cc\2000 \0905 \pppheasant6th.doc Wli ll Rol I Mele I �. WITA I :1 1' 11 1 ' :I" • 1111 1 WHEREA Pheasant Run of Shakopee, L.L.C., applicant and property owners have made application for preliminary plat approval of Pheasant Run 6th Addition; and WHEREAS, the subject properties are legally described as shown on Exhibit A; and WHEREAS, the Shakopee Planning Commission held a public hearing on this request on August 17, 2000; and WHEREA all required public notices regarding the public hearing were posted and sent, and WHEREA the Shakopee Planning Commission has recommended approval subject to the conditions listed below. N OW , THEREFORE BE ;1 1 BY THE COUNCIL OF :1 OF 1' MI NNES O TA, f That the preliminary plat of PHEASANT RUN 6TH ADDITION is approved subject to the following conditions; L Prior to review of the final plat by the City Council, the following actions shall be taken: A. The plat shall be revised to rename Streets A and B. B. The plat shall be revised to dedicate Teal Street as a through street, and Outlot C shall remain the same size proposed, thereby requiring the acquisition of the 2 lots to the north. C. The City shall have received confirmation from the Minnesota Department of Transportation that the proposed routing of storm water to the MNDOT pond is acceptable. D. All required easements will be shown on the drawings, and documentation showing the easements required for the pond proposed to be located on the development to the west of Pheasant Run 6 Addition. H. The following procedural actions must be completed prior to the recording of the Final Plat: A. Approval of title by the City Attorney. B. Execution of a Developers Agreement which shall include provisions for security for the future improvements to Valley View Road, the public improvements within the final plat, as well as payment of engineering review fees, trunk storm water charges, trunk sanitary sewer charges, and any other fees as required by the City's adopted fee schedule. 1. Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 2. Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 3. Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 4. Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. 5. Park Dedication fees shall not apply to this plat, as dedication is being met with land dedication of 6 acres for a community park. 6. Hydrants shall be placed in accordance with the Minnesota Uniform Fire Code, the policies of the Shakopee Public Utilities Commission (SPUC), and shall be approved by the Shakopee Fire Inspector. C. Final Construction Plans and Specifications must conform to City requirements and are subject to approval by City Engineer. Such plans as they relate to water or electricity are subject to the approval of the SPUC Utilities Manager. Following approval and recording of the final plat, the following conditions shall apply; A. Building construction, sewer, water service, fire protection and access will be reviewed for code compliance at the time of building permit application(s). B. The developer will provide temporary street signs as approved by the Building Official and Fire Inspector. C. Outlot B shall be deeded to the adjacent property owner to the east. THEREFORE, BE 1T FURTHER RESOLVED, that approval of the preliminary plat of PHEASANT RUN 6TH ADDITION does not constitute a representation or guarantee by the City of Shakopee as to the amount, sufficiency or level of water service that will be available to lots within the plat as they are developed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 2000. Mayor of the City of Shakopee ATTEST: CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Preliminary Plat of PHEASANT RUN 6 ADDITION MEETING DATE: August 17, 2000 APPLICATION DATE: Received July 9, 2000 Site Information Applicant. Pheasant Run of Shakopee, L.L.C. Property Owners. Pheasant Run of Shakopee, L.L.C. Location: North of Valley Vi ew Road, east of CSAH 17, and south of 17` Avenue Current Zoning: R -113, Urban Residential Adjacent Zoning. North: AG, Agricultural Preservation South: AG, Agricultural Preservation; RR, Rural Residential East: R-113-Urban Residential West: AG, Agricultural Preservation 1995 Comp. Plan: Single - family residential Area: 60 acres +/- WSA: The site is within the MUSA boundary. Attachments: Exhibit A: Zoning/Location Map Exhibit B: Preliminary Plat and Site Plan T. �. A -. 4:.... Pheasant Run of Shakopee, L.L.C. has made application for preliminary plat approval of Pheasant Run 6' Addition. The exhibit showing the proposed plat is a revision from the original submission, and includes additional area for a neighborhood park and sidewalk connections. Considerations: The final plat will need to be revised to rename the streets within the plat. Park dedication is proposed to be met with the dedication of 6 acres on the north ( Outlot A) for the proposed community parkisoccer complex. Also in this connection, the City will need to acquire by purchase or eminent domain the remaining 4 acres of Outlot A, and Outlot C. The following written comments have been received: • The Engineering Department has provided comments, a copy of which is attached for the Commission's information. The recommendations are included in the proposed conditions of approval. The recommendations regarding the connection of Teal Street is not included in the proposed conditions of approval because of the proposed neighborhood park facility. The Commission should discuss and make a recommendation of the efficacy of these alternatives. • The Fire Inspector has provided comments, a copy of which is attached for the Commission's information. Where appropriate, the suggested conditions of approval have been included in the proposed conditions of approval. • The Natural Resources Director has provided written comment as a result of the review by the Park and Recreation Advisory Board. A copy is provided for the Commission's information. The revisions made to the plat are in part a result of these recommendations, and subsequent discussions that were held between the developer, City Administrator, Natural Resources Director, and Community Development Director. • Scott County Highway Department has submitted written comments, a copy of which is attached. Since this letter deals with items outside the proposed plat, conditions of approval related to the letter have not been included in the proposed conditions of approval. AIternatives: 1. Recommend to the City Council approval of the preliminary plat of PHEASANT RUN 6TH ADDITION subject to the following proposed conditions; I. Prior to review of the preliminary plat by the City Council, the following actions shall be taken: A. The plat shall be revised rename Streets A and B. B. The City shall have received confirmation from the Minnesota Department of Transportation that the proposed routing of storm water to the MNDOT pond is acceptable. II. Prior to review of the final plat by the City Council, the following actions shall be taken: A. All required easements will be shown on the drawings, and documentation showing the easements required for the pond proposed to be located on the development to the west of Pheasant Run 6 Addition. M. The following procedural actions must be completed prior to the recording of the Final Plat: A. Approval of title by the City Attorney. B. Execution of a Developers Agreement which shall include provisions for security for the future improvements to Valley View Road, the public improvements within the final plat, as well as payment of engineering review fees, trunk storm water charges, trunk sanitary sewer charges, and any other fees as required by the City's adopted fee schedule. 1. Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 2. Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 3. Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 4. Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. 5. Park Dedication fees shall not apply to this plat, as dedication is being met with land dedication of 6 acres for a community park. 6. Hydrants shall be placed in accordance with the Minnesota Uniform Fire Code, the policies of the Shakopee Public Utilities Commission (SPUC), and shall be approved by the Shakopee Fire Inspector. C. Final Construction Plans and Specifications must conform to City requirements and are subject to approval by City Engineer. Such plans as they relate to water or electricity are subject to the approval of the SPUC Utilities Manager. M. Following approval and recording of the final plat, the following conditions shall apply; A. Building construction, sewer, water service, fire protection and access will be reviewed for code compliance at the time of building permit application(s). B. The developer will provide temporary street signs as approved by the Building Official and Fire Inspector. 2. Recommend to the City Council approval of the preliminary plat of PHEASANT RUN 6TH ADDITION subject to revised conditions 3. Recommend denial of the proposed preliminary plat of PHEASANT RUN 6TH ADDITION. 4. Continue the public hearing. Staff Recommendation: Staff recommends Alternative No. 1, approval with conditions. Action Requested: Offer a motion to recommend approval of the preliminary plat of PHEASANT RUN 6TH ADDITION subject to the conditions outlined in Alternative No. 1. R. Michael Leek Community Development Director Preliminary Plat of Pheasant tun Zoning Parcels 07/21/00 N p A SHAKO= W E FTtMSftIKx1w S City of Shakopee Memorandum TO: Michael Leek, Community Development Director FROM: Joel Rutherford, Assistant City Engineer SUBJECT: Preliminary Plat — Pheasant Run 6 Addition DATE: August 7, 2000 After reviewing the above referenced application, I have the following comments for the applicant, and for the planning department: Storm Sewer The drainage of this development is proposed to route through the city `s storm water system that connects to ponds located along T.H. 169. These ponds are currently under the jurisdiction of the Minnesota Department of Transportation (MnDOT). Staff recommends that the developer (and city) obtain approval from VInDOT for this routing, prior to the Council reviewing the preliminary plat. _ .1 mot: _, d ?: a r .;, f e d 1110 C'E s - onsul ' - .as :_ � `� � - c. th,l jDrcl f u� Via: v_ i. .. �++i a a recommendation for the allowable outlet rate, and recommended pond volumes. Prior to approving the final construction plans, the developer must provide information showing the proposed outlet rate and pond volumes are consistent with the recommendation provided by the City's consultant. The developer has submitted a revised drainage and grading plan (see attached) that shows a pond to be located in the northwest corner of Block 3 (also near the southwest corner of Outlot \ Ra��, o f rhP 1 7;rinn nt thic nnn lciclitt�nal ?1�P nP_nts .vi hZ - equir_d for th ?71 at. and possibly for the plat located just west of Pheasant Run 6�. It is my understanding that the plat just west of this proposed pond has not yet been recorded, and therefore could be added to the plat before it is recorded. If this plat has been recorded. and the easements cannot he obtained. staff recommends that the pond be eliminated, or it must be revised so that additional easements are not required. Streets L Ut illy Ulll. vi ui�. +a a.... .i�., ..1.. �.....y ... .......... ..., w.. ..... .... ......., _. _....___...... _..._ .. ...,. __. �_... __. collector road that was proposed for this area of the city. The Council chose an alternative that will place this future road several hundred feet to the east of this plat, and therefore, no dedication for this north -south collector street is needed with this plat. However, based on the current street layout for this plat, traffic to this future collector street from the earlier Pheasant Run developments will not have easy access to it. The layout of the streets around Block 6 requires traffic from the west to go around, instead of a shorter route that would be created by splitting Block 6 into two (2) separate blocks. Also, the length of Block 6 is about 1,600 feet, which is longer than the 1,300 feet allowed by the City's design criteria. Therefore, staff recommends that a street be placed north of Lots 14 and 31, and that Block 6 be split into two (2) blocks. The proposed dedication of additional right -of -way for the future improvements to Valley View Road is consistent with the city's Comprehensive Transportation Plan. Per City policy, the developer will need to provide security for these future improvements. The amount of this security shall be the estimated cost to construct one -half (1/2) of a local street (36' wide, face to face). The City Clerk must approve the form and timing of this security. Sidewalks It is my understanding that the development will be revised to show sidewalks within the plat. Staff recommends that the developer at the Public Hearing describe this plan. Easements In addition to the easements described earlier for the proposed pond in the northwest corner of Block 3, other easements will be required on the final plat, per City Code. Generally, all areas with proposed or existing utility lines require a 20' easement. Also, where drainage is expected to flow within the lot (not along the lot lines), these areas also require a 20' easement. The developer shall work with staff prior to preparing the Final Plat drawing, to ensure all required easements are on the drawings. With the addition of sidewalk, some areas may require separate documents dedicating sidewalk/trail easements to the City. These easements cannot be dedicated on the plat and would therefore require a separate document_ Recommendation Recommend approval of the Preliminary Plat, subject to the following conditions: 1. Block 6 is separated into two blocks with Teal Street and "C" Street connected to each r)tlia -.6'0 n nrirlitinn-] ,traotcP� >TnPnY 2. Prior to review of the Preliminary Plat, by the City Council, the City has confirmation from the Minnesota Department of Transportation (MaDOT) that the proposed routing of storm water to the NInDOT pond is acceptabie. 3. Prior to submitting the Final Plat application, all required easements are shown on the drawings, and documentation showing the easements required for the pond proposed to be located on the development to the west of Pheasant Run 6` Addition. 4. Prior to recording of the Final Plat, the following actions must be completed: Execution of the Developers Agreement, which shall include provisions for security for the future improvements to Valley View Road, the public improvements within the Final Plat, engineering review fees, Trunk Storm Water Charges, Trunk Sanitary Sewer Charges, and other fees as required by the City's adopted Fee Schedule; and 2. The City Engineer and the Shakopee Public Utility Commission must approve the Final Construction Plans and Specifications. ---------- - - - - -- + 1 832 ' 2 G RWO 6.m i h ti ga —C,� 4 d 54 m a -� - t CITY OF SHAKOPEE Memorandum TO: Michael Leek, Community Development Director FROM: Tom Pitschneider, Fire Inspector SUBJECT: Pheasant Run 6"' Addition DATE: August 7, 2000 The Shakopee Fire Department has several concerns with the construction plans for Pheasant Run 6� Addition. 1. Access to this development is limited to Mathias Street to the north and the unimproved Valley View Road to the south. Fire apparatus will be required to travel thru a large amount of residential area to reach an address in this new addition. Valley View Road is not a preferred apparatus access location at this time because of its gravel driving surface and the fact that at the present time fire apparatus would normally approach the Pheasant Run development from the north and west. 2. To access future development to the east of Pheasant Run fire apparatus would need to utilize numerous north /south and east/west residential streets. This will require fire apparatus to travel a couple of blocks then turn and travel a couple of more blocks before turning again, slowing response time to the area. 3. For appropriate addressing to take place Street "A` north of Mathias Road may need to be renamed, possibly Street "A° Circle. 4. The preliminary utility plan does not indicate proposed fire hydrant locations within the addition. Hydrants shall be placed in accordance with the Minnesota Uniform Fire Code and the policies of the Shakopee Public Utilities Commission. Hydrant locations shall be approved by the Fire Inspector 5. Street shall be a minimum of 32 feet, curb to curb, with parking on 2- sides. 6. All streets shall be orovided with an all- weather drivino surface caoable of su000rtinn a fire apparatus before any residential construction permits will be issued. 7. The developer shall provide temporary street signs as approved by the Building Official To: Planning Commission Michael Leek, Community Development Director From: Mark J. McQuillan, Natural Resources Director Subject: Pheasant Run 6 Addition Date: July 31, 2000 At its July 24, 2000 meeting, the Parks and Recreation Advisory Board recommended the City require land dedication of six (6) acres for park purposes. They also requested the neighborhood park be centrally located within the plat and contiguous with the east boundary. This will enable the City to acquire additional acreage, through land dedication, when the Hauer 50 acre parcel undergoes development. The PRAB recommends a trail easement be strategically placed on the north end of the plat so there is access to the future soccer field complex next located next to Sun Path School. Tarlk T �Tr(lnillan Natural Resources Director ij t ki �Av 'r PY§ a+. N BRADLEY J. LARSON PUBLIC WORKS DIRECTOR/ COUNTY HIGHWAY ENGINEER July 27, 2000 Michael Leek City of Shakopee 129 Holmes Street Shakopee, MN 55379 Subject: Pheasant Run 6th Valley View Road, East of CSAH 17 Dear Michael: Fax: (952) 496 -8365 We have reviewed the Preliminary Plat as it relates to Highway Department issues and offer the following comments or concerns: + We understand that a north -south collector road for this area will be built directly east of this property. As the area develops, spacing of intersecting roads and driveways with the collector should be carefully reviewed. o There should also be adequate spacing of the future collector road from the proposed Street B on Valley View Road. Thank you for the opportunity to comment. Please contact me if you have any questions or need additional information. �incer Craig nson Transportation Planner An Equal Opporrunin/Safery Aware Employer t^ rs!mE'.,� - =? -.ate.. 10 F'CIDC.!L !`:.{ August 31, 2000 Mr. Jon Brekke Mayor City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Mr. Gary Morke Council Member City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Ms. Deb Amundson Council Member City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Re: Pheasant Run 6 th Addition Dear Mayor and Council Members: Mr. Clete Link Council Member City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Mr. Robert Sweeney Council Member City of Shakopee 129 Holmes Street South Shakopee, MN 55379 At the last City Council meeting, Council members approved the rezoning of the property proposed to be Pheasant Run VI — VIII. The Mayor and Council members expressed the desire to see a small neighborhood park/play area incorporated into the plat, as well as the need for a sidewalk connection from Valley View road to the large soccer /softball park complex to facilitate a safer environment for the children that will be living within the neighborhood. At the Mayor's direction we promptly scheduled a meeting with City Planner, Michael Leek, City Administrator, Mark McNeal, Public Works Director, Bruce Loney and City Parks Director, Mark McQuillan. At that meeting the location of the neighborhood park and sidewalk connection was agreed upon and incorporated into our plat from that point forward. Pheasant Run of Shakopee L.L.P. 2500 West County Road 42 > Suite l l ® Burnsville, MN 55337 ® (612) 894 -2440 ® Fax(612)890-9281 http://www.PheasantRunHomes.com August 31, 2000 Page 2 At the Planning Commission meeting on Thursday, August 17, 2000, the Public Works Department urged the Planning Commission to incorporate into their recommendation a connection from Teal Street to Street "C" which would bisect the area designated to be the park and play area. We were not aware of this street connection prior to our committing to the neighborhood park/play area. This similar design of block was used successfully in the previous Pheasant Run additions as well as the Prairie Village addition. I enclose herewith a letter from Mr. Joel Cooper of James R. Hill, which is their interpretation of the block length code within the City of Shakopee. We respectfully request that you consider not incorporating this recommendation into the plat, thus changing the design of the plat as a whole. Thank you in advance for your consideration. Regards, Shawn L. Dahl Enclosures cc: Mr. Raymond Ames Mr. Joel Cooper August 31, 2000 Mr.. Shawn Dahl. Pheasant; Run, LLP 2500 Nest County Road 92, Suite 200 Burnsville, MN 55337 RE: Pheasant Run 6" Dear Mx. Dahl: Pursuant to your request; we have reviewed the street: design with respect to its conformance with the City of Shakopee ordinances. We offer the following comments. The City of Shakopee ordinance allows a, maximum block length of 1.300 feet. We Itiave always interpreted this block length requirement to refer to the distance between. street intersections that would allow traffic access to an. area by two different &redaons. Using this definition a "T" intersection will terminate a Black length. An example of this is in the Prairie Village Addition adjacent; to t;he Pheasant Run, project:. In Prairie Village there is a Block of lots adjacent to the storm waiver treatment pond which has only'?' intersections on its adjacent street, but because these "T" intersections occur in distances less than 1300 feel. the design is in compliance with the city ordinance even tb.ou.gh the row of lots adjacent to the storm water treaianent pond. exceeds the 1300 feet. We have used this same concept with the street design, for Pheasant: Run. 6 "'. Our purpose for this street design is to discourage traffic using the local residents.] st. as short cut routers to other roads and areas. We designed the area so that it encourages the traffic out to the main collector streets in the area, wbich in this cease will be Valley View Road and. the feature North South. Collector which will, be constructed along the common properly line of Ole Hauer and O'Lougblin. property. The reason. we designed. it this way is so t-bof traffic on these streets is only the residents that live in the area. and, should. be responsible for policing each other with respect to speed. The demographics for the neighborhood will prove to have a large population of children so people driving within reasonable speeds is required. The maximum block length in Pheasant: Run 6" using our interpretation. is 1100 feet. If you. have any questions, please call. Sincerely, 5 6el 6 R. ..>f., C Cooper,, P.F. President � - -- I I r T TT T'T T TT TTT - T - T - I f - T - - � I I I I I I I I I I I I I I I I I I L JO L 133HS 'ON Slid 6LL6 "ON 103f`O8d MS 6LL6 3lld OV0 3JVd /N008 SNOISIA38 00 /LL /8 31V(J /\rl -113 NMVNd x '"d N I� O J VJ � O V x t"ry NZ C:i � ° Z mx Na � o M m � n W Z s o z b z M O �P o l� g � Z Z s.� N � m a � J f cn CD cn r N \ rn z n o m m m Ln e � \ C z � � 4 O V L N �C / I 7 I! 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Z O m Z 0-0x- J II - of U W Um f/=1.� 0 �Z 0_ I I- x ' r w � Z O o ¢ z i < w � i I N o I I I W O O m Q W sd o o o 1 m III p < U W U a zu 0 o O I z �,' aWJW22 °O ° I i 0 W W 07 �ttKJJ�W m I/iU� mZF II' 6o w 1 Z� °� •F ° ~v J W z O N K Z O m Z 0-0x- J II - of U W Um f/=1.� 0 �Z TJJ >�z I I- T Z N 3 QQ z �W4 °? Z ava U <m am w ° ° zO Z _ i 0 Np�W Gl a3 Z < Q NI FoZ4� pv°� N< Vow Ni <z ¢ o= wRi o a o !38 1 03 O <X 2<g ° le z O N W a a a Zan w 6EiWg 3g� �� o we #l9 °gTm P E d2� -ggF Ni b "< E M2 fig. 8 s e. €a< eg a � N 15 HE U m C Q is a " a o bi mi 0 �I 0o 12 , q ° J aasv�i ✓ z 0 6210Z ¢ N W W O O O O Q W sd d Z Q c�io - ' - x_ y Z Z< < U W U a zu W p' S W S W �,' aWJW22 °O J pDp,� 4OZ ¢O N 07 �ttKJJ�W m I/iU� mZF JO O �d 1 Z� z O O �N ° ~v < W z O N K Z O m Z 0-0x- J Y t/=1 Um f/=1.� 0 �Z TJJ >�z 5 W¢ 3 QQ z �W4 °? Z ava o <m am w ° ° zO Z _ i 0 Np�W Gl a3 Z < Q NI FoZ4� pv°� N< Vow Ni <z ¢ o= wRi W En <X 2<g ¢$gN Zan w 6EiWg 3g� �� o we #l9 °gTm P E d2� -ggF Ni b "< E M2 fig. 8 s e. €a< eg a � N 15 HE U m C Q is a " a o bi mi 0 �I 0o 12 , q ° J aasv�i ✓ z 0 6210Z 1. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner SUBJECT: Amendment to the Zoning Map rezoning property from Agricultural Preservation (AG) to Planned Residential District (PRD) PLICANT: Town & Country Homes, Inc. Dave Brown — Property Owner E G DATE: September 5, 2000 hI ' 1T1i�IIi` Town & Country Homes has requested that the City amend its zoning map to rezone property currently zoned Agricultural Preservation (AG) to Planned Residential District (PRD). The property is located south of Hwy. 169 and west of 17'` Avenue extended. The approved Comprehensive Plan guides this area for a combination of High Density Residential (east portion of parcel) and Single Family Residential (west portion of parcel) uses. The draft Comprehensive Plan guides this area for Planned Residential District. At its August 17, 2000, meeting, the Planning Commission took public testimony and reviewed this request. The Planning Commission recommended approval (5 —1 vote) of this request to the City Council. Provided for your reference is a copy of the August 17, 2000 memorandum to the Planning Commission. ALTERNATIVES: 1. Approve the request to rezone property from Agricultural Preservation (AG) to Planned Residential District (PRD). 2. Deny the request to rezone property from Agricultural Preservation (AG) to Planned Residential District (PRD). 3. Table the decision and request additional information from the applicant and/or staff 1 1 1 . 1 X11 1 Offer a motion to approve Ord. No. 577, An Ordinance Amending the City of Shakopee's Zoning Map by Rezoning Property from Agricultural Preservation (AG) to Planned Residential District (PRD). Tuhe a , —Planner II gAccN2000kc0905Vezprd. doc WBEREAS, Town & Country Homes, the Applicant, and Dave Brown, property owner, have requested the rezoning of land from Agricultural Preservation (AG) to Planned Residential District (PRD); WBEREAS, the subject property is legally described as follows: The North Half of the Northwest Quarter Excepting therefrom the North Ten Rods thereof, Section 18, Township 115, Range 22, Scott County, Minnesota, Also Excepting. That part of the Northwest Quarter of the Northwest Quarter of Section 18, Township 115, Range 22 West, shown as Parcel 57 on Minnesota Department of Transportation Right of Way Plat Numbered 70 -4 as the same is on file and of record in the Office of the Registrar of Titles in and for Scott County, Minnesota. WBEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on August 17, 2000, at which time all persons present were given an opportunity to be heard; and WBEREAS, the City Council heard the matter at its meeting of September 5, 2000, and found that the proposed rezoning is consistent with the Comprehensive Plan for the area of the City within which it is located. M1 11 01 1 1' 11 1 ORDAINS: Section 1 - That the zoning map adopted in City Code Sec. 11.03 is hereby amended by rezoning the property referenced herein, from Agricultural Preservation (AG) to Planned Residential District (PRD). Section 2 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in Minnesota, held this day of Attest: Judith S. Cox, City Clerk session of the City Council of the City of Shakopee, M Mayor of the City of Shakopee Published in the Shakopee Valley News on the day of , 2000. O Shakopee Planning Commission Julie Klima, Planner Amendment • the Zoning • • - property from DATE: Agricultural Preservation (AG) to Planned Residential District (PRD) August 17, 2000 • _ I#, Informati Site • •• licant: Town & Country Homes Property Owner: Dave and Gene Brown Location: South of Hwy 169, west of County Road 17 and surrounding 17 Avenue West extended Discussion The applicant is requesting that the City amend the Official Zoning Map by rezoning property currently zoned as Agricultural Preservation (AG) to Planned Residential District (PRD). Please see Exhibit A for the location of the subject site. The 1995 Land Use Plan guides this property for High Density Residential purposes. The draft 1999 Comprehensive Plan guides this property for Planned Residential purposes. Copies of the land use plans areas available for viewing at City Hall and will be made available at the August 17, 2000, meeting. IFinding§ The criteria required for the granting of a Zoning Ordinance Amendment are listed below with staff findings. Criteria #1 That the original Zoning Ordinance is in error, Finding #1 The original Zoning Ordinance is not in error. Criteria #3 That significant changes in City or neighborhood development patterns have or Fin&ng #3 Significant changes in Cit)-wide or neighborhood development patterns have occurred in that development adjacent to HighwW 169 has occurred with the opening of the highwcW, particuLx at the locations of the interchanges. Criteria #4 That the comprehensive plan requires a different provision. Fin&ng #4 The proposed rezoning would not be in conflict with the Comprehensive Plan. Staff Recommendation Staff recommends Alternative No. 1, recommending to the City Council the approval of the request to rezone the subject property from Agricultural Preservation (AG) to Planned Residential District (PRD). 7 m I Zoning Parcels N Ah W E S 07/21/00 100�� SEC. 11.22. AGRICULTURAL PRESERVATION ZONE (AG). §11.22 Subd. 1. Purpose. The purpose of the agricultural preservation zone is to preserve and promote agriculture in the unsewered areas of the City which are suitable for such use, to prevent scattered and leap frog non -farm growth, and to prevent premature expenditures for such public services as roads, sewer, water, and police and fire protection. Subd. 2. Permitted Uses. Within the agricultural preservation zone, no structure or land shall be used except for one or more of the following uses: A. agricultural uses; B. single family detached dwellings; C. forestry and nursery uses; D. seasonal produce stands; E. riding academies; F. utility services; G. public recreation; H. public buildings; 1. day care facilities serving twelve (12) or fewer persons; J. adult day care centers as permitted uses, subject to the following conditions: The adult day care center shall: 1. serve twelve (12) or fewer persons; 2. provide proof of an adequate water and sewer system if not served by municipal utilities; 3. have outdoor leisure/recreation areas located and designated to minimize visual and noise impacts on adjacent areas; 4. the total indoor space available for use by participants must equal at least forty (40) square feet for each day care participant and each day care staff member present at the center. When a center is located in a multifunctional organization if the required space available for use by participants is maintained while the center is operating. In determining the square footage of usable indoor space available, a center must not count: a. hallways, stairways, closets, offices, restrooms, and utility and storage areas; b. more than 25% of the space occupied by the furniture or equipment used by participants or staff; or page revised in 19% 1111 §11.22 C. in a multifunctional organization, any space occupied by persons associated with the multifunctional organization while participants are using common space; and 5. comply with all other state licensing requirements. (Ord. 482, May 15, 1997) J. group family day care facilities serving fourteen (14) or fewer children; or K. residential facilities serving six (6) or fewer persons. Subd. 3. Conditional Uses. Within the agricultural preservation zone, no structure or land shall be used for the following uses except by conditional use permit: A. commercial feedlots, which include yards, lots, pens, buildings, or other areas or structures used for the confined feeding of livestock or other animals for food, fur, pleasure, or resale purposes; B. (Deleted, Ord. 501, September 18, 1997) C. retail sales of nursery and garden supplies; D. cemeteries; E. churches and other places of worship; F. agricultural research facilities, which are facilities specifically operated for the purpose of conducting research in the production of agricultural crops, including research aimed at developing plant varieties. This term specifically excludes research regarding the development or research of soil conditioners, fertilizers, or other chemical additives placed in or on the soil or for the experimental raising of animals; G. animal hospitals and veterinary clinics; H. kennels. A kennel is any premise in which more than two (2) domestic animals, over six (6) months of age, are boarded, bred or offered for sale; 1, public or private schools having a course of instruction approved by the Minnesota Department of Education for students enrolled in K through grade 12, or any portion thereof; J. commercial recreation, minor; K. utility service structures; �. day care facilities serving thirteen (13) through sixteen (16) persons; M. adult day care centers as conditional use, subject to the following conditions: The adult day care centers shall: 1. serve thirteen (13) or more persons; page revised in 1997 1112 §11.22 2. provide proof of an adequate water and sewer system if not served by municipal utilities; 3. have outdoor leisuretrecreation areas located and designed to minimize visual and noise impacts on adjacent areas; 4. the total indoor space available for use by participants must equal at least fourty (40) square feet for each day care participant and each day care staff member present at the center. When a center is located in a multifunctional organization, the center may share a common space with the multifunctional organization N the required space available for use by participants is maintained while the center is operating. In determining the square footage of usable indoor space available, a center must not count: a. hallways, stairways, closets, offices, restrooms and utility and storage areas; b, more than 25% of the space occupied by the furniture or equipment used by participants or staff; or C. in a multifunctional organization, any space occupied by persons associated with the multifunctional organization while participants are using common space; 5. provide proof of state, federal and other governmental licensing agency approval; and 6. comply with all other state licensing requirements; (Ord. 482, May 15, 1997) N. residential facilities serving from seven (7) through sixteen (16) persons; 0. wind energy conversion systems or windmills; P. relocated structures; 0, structures over two and one -half (2 -1/2) stories or thirty -five (35) feet in height; R. developments containing more than one (1) principal structure per lot; or S. other uses similar to those permitted by the subdivision, upon a determination by the Board of Adjustment and Appeals, may be allowed upon the issuance of a Conditional Use Permit. (Ord. 528, October 29, 1998) Subd. 4. Permitted 'Accessory Uses. Within the agricultural preservation zone the following uses shall be permitted accessory uses: A. machinery and structures necessary to the conduct of agricultural operations; B. garages; page revised in 1998 1113 1 §11.22 C. fences; D. recreational equipment; E. stables; F. swimming pools; G. solar equipment; H. tennis courts; I, receive only satellite dish antennas and other antenna devices; J. home occupations contingent upon approval of a home occupation permit; or (Ord. 501, September 18, 1997) K. other accessory uses, as determined by the Zoning Administrator. Subd. 5. Design Standards. Within the agricultural preservation zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following requirements: A. Maximum density: one dwelling per forty (40) acres. B. Lot specifications: Minimum lot width: 1000 feet. Minimum lot depth: 1000 feet. Minimum front yard setback: 100 feet. Minimum side yard setback: 20 feet. Minimum rear yard setback: 40 feet. C. Maximum height: Thirty-five (35) feet. Grain elevators, barns, silos, and elevator lags may exceed this limitation without a conditional use permit. Subd 6 Additional Requirements. A. All dwellings shall have a depth of at least twenty (20) feet for at least 50% of their width. All dwellings shall have a width of at least twenty (20) feet for at least 50% of their depth. B. All dwellings shall have a permanent foundation in conformance with the Minnesota State Building Code. (Ord. 31, October 25, 1979; Ord. 264, May 26, 1989; Ord. 279, December 1, 1989; Ord. 304, November 7,1991; Ord. 377, July 7,1994; Ord. 435, November 30, 1995) SEC. 11.23. Reserved. page revised in 1997 1114 §11.33 i home occupations contingent upon approval of a home occupation permit, (Ord. 501, September 18, 1997) J. solar equipment; or K. other accessory uses, as determined by the Zoning Administrator. Subd 5 Design Standards. Within the medium density residential zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following requirements: A. Density: a minimum of five (5) and a maximum of eleven (11) dwellings per acre. Streets shall be excluded in calculating acreage. B. Maximum impervious surface percentage: 60% C. Lot specifications: Minimum lot width (single - family detached): 60 feet; (two - family dwelling): 70 feet; (multiple - family dwelling): 100 feet Minimum lot depth: 100 feet Minimum front yard setback: 35 feet Minimum side yard setback: 10 feet Minimum rear yard setback: 30 feet (Ord. 467, December 19,1996; Ord. 544, April 15, 1999) D. Maximum height: No structure shall exceed thirty -five (35) feet in height without a conditional use permit. Subd o Additional Requirements. /n \ t,., L �.' A. nil uweildwell yS Si ail iiaV2 a depth of at .east weity,zcj fe et iGr at ;2aS i CVO/ .. i L thei width. All dwellings shall have a width of at least twenty (20) feet for at least 50% of their depth. B. All dwellings shall have a permanent foundation in conformance with the Minnesota State Building Code. (Ord. 31, October 25, 1979; Ord. 60, May 14, 1981; Ord. 159, February 28, 1985; Ord. 264, May 26, 1989; Ord 377, Jury 7, 1994; Ord. 435, November 30, 1995) SEC. 11.33. PLANNED RESIDENTIAL DISTRICT (PRD). (Ord. 563, November 25, 1999) page revised in 1999 1155 §11.33 Subd. 1. Pumose The purpose of the Planned Residential District (PRO) is to provide areas for the mixed -use development, including single - family detached, medium - density, and high - density residential, as well as compatible neighborhood commercial and service uses. By allowing mixed - use development, the PRO provides a mechanism for providing a range of housing types and easy accessibility to services either within a single development or area of the City of Shakopee. (Ord. 56:3, November 25, 1999) Subd 2 Permitted Uses• Within the Planned Residential District, the following shall be permitted uses. (Ord_ 563, November 25, 1999) A. single family detached dwellings; B. two (2) family dwellings; C. public recreation; D. utility servic s; E. day care facilities servicing twelve (12) or fewer persons; F. public buildings; G. group family day care facilities serving fourteen (14) orfewer children; H. residential facilities serving six (6) or fewer persons; 1, adult day care centers subject to the following conditions; 1, serve twelve (12) or fewer persons; 2. provide proof of an adequate water and sewer system if not served by municipal utilities; 3. have outdoor leisure/recreation areas located and designed to minimize visual and noise impacts on adjacent areas; 4. the tctal :ndccr space available `or use by participants must equal at :east forty (40) square feet for each day care participant and each day care staff member present at the center. When a center is located in a multifunctional organization, the center may share a common space with the multifunctional organization if the required space available for use by participants is maintained while the center is operating. In determining the square footage of usable indoor space available, a center must not count: a. hallways, stairways, closets, offices, restrooms, and utility and storage areas; b, more than 25% of the space occupied by the fumiture or equipment used by participants or staff; page revmed in 1999 1156 §11.33 a. in a multifunctional organizafion, any space occupied by persons associated with the multifunctional organization whil participants are using common space, and d. comply with all other State licensing requirements. Subd 3 Uses Permitted wit a Condifional Use Permit. Within the Planned Residential District, the following uses of structures or land may be allowed with conditional use permit approval: (Ord. 563, November 25, 1999) A. medium density residential development as allowed under City Code, Section 11.32, Medium Density Residential Zone, and according to the design standards contained therein; B. multiple family residential development as allowed under City Code, Section 11.34 and according to the design standards contained therein; C. neighborhood commercial development as allowed under City Code, Section 11.35 and according to the design standards contained therein; D. clinics; E. nursing homes; F. churches and other places of worship; G. public or private schools; N. relocated structures; 1. structures over two and one -half (2 -1/2) stories or thirty -five (35) feet in height; J. relocated structures; K. developments containing more than one (1) principal structure per lot; L. developments containing more than one (11) rormittcri and/or use permitted with site plan approval; M. day care facilities serving thirteen (13) or more persons; N. residential facilities servicing from seven (7) through sixteen (16) persons; 0. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals. Subd 4. Permitted Accessory Uses. Within the Planned Residential District the following uses shall be permitted accessory uses; (Ord. 563, November 25, 2999) A. any incidental repair or processing necessary to conduct a permitted principal use; page revised in 1999 1157 §11.33 B. parldng and loading Spaces' , C. temporary construction buildings; D. decorative landscape features; E. other accessory uses customarily appurtenant to a permitted or conditional use, as determined by the Zoning Administrator. Subd 5 Design Standards. Except as otherwise provided above, design standards in the Planned Residential District shall be as found in City Code, Section 11.28, Urban Residential Zone (R -1 B). (Ord. 563, November 25, 1999) SEC. 11.34. MULTIPLE-FAMILY RESIDENTIAL ZONE (R-3). Subd.1. Purpose. The purpose of the multiple- family zone is to provide an area which will allow six (6) to eighteen (18) multiple - family dwelling units per acre, and also provide a transitional zone between single family residential areas and other land uses. Subd. 2. Permitted Uses. Within the multiple- family residential zone, no structure or land shall be used except for one (1) or more of the following uses: A. multiple - family dwellings containing three (3) or more units; B. existing single family and two (2) family dwellings; C. public recreation; D. utility services; E. public buildings; F. day care facilities serving twelve (12) or fewer persons; G. residential facilities serving six (6) or fewer persons; H. townhouses; (Ord. 467, December 19, 1996) 1. single family detached residences previously constructed as accessory uses to a church, where the resulting lot meets the design standards found in Subdivision 5 of Section 11.28; (Ord. 496, August 21, 1997) J. single family detached dwellings; (Ord 563, November 25, 1999) K. structures containing two (2) attached dwelling units; (Ord. 563, November 25, 1999) L. structures containing two (2) to four (4) attached dwelling units; (Ord. 563, November 25, 1999) M. structures containing more than four (4) attached dwelling units; or (Ord. 563, November 25, 1999) page r"sed in 1999 1158 t Tor the Board of Adjustment and .peal or Planning Commission when reviewing this request:" Town and Country Homes, Inc. is the applicant for the rezoning. Town & Country Homes is a privately owned company that has been active in homebuilding and development for the past 40 years. The company is headquartered in Chicago and has been active in the Minnesota market for the past 7 years. The intent of this application is to rezone the property to be consistent with the Comprehensive Plan that the City has submitted to the Metropolitan Council. The newly created Plann Residential District ( "PRY) allows the creativity that will be required to create a neighborhood that both Town & Country Homes and the City of Shakopee will be proud of. Within the proposed Comprehensive Plan, the City chose to designate much of the vacant, soon to be :ewered, land for single family development while creating a number of "pockets" of land guided for PRD. Those areas have a good deal of flexibility allowing the City and developers to come together and work on a creative solutions in planning and developing neighborhoods. Prior to and after becoming involved with this 65 acre property, Town & Country Homes has done extensive market research on Shakopee and the greater surrounding area. After completing that work, we believe that the market in Shakopee is one of, if not the most vibrant market in the metro area. Job growth at such places as ADC and Seagate has been nothing short of astounding. Construction is at an all time high and the established downtown area appears to be thriving. This mix makes for a very exciting time in the City of Shakopee. With all of this proczress comes many things including developers and development searching for prop:r to accommodate the growth. Because of the substantial amount of housing demand in the area, land prices have been escalating. It is unlikely that the areas designated for single family in the new Comprehensive Plan will generate housinu at a price of less than $250,000. One of the issues the City will undoubtedly face is where to house all the workers being generated by the employment growth. Because of this, Town & Country Homes sees that the City will have a need for more moderately priced townhome living. In fact, in the new construction market in the price range of $120,000 to $200,000 the only option for buyers will be townhomes. From our research it appears that the great majority of the jobs being created are in the income range that would provide for housing in that price range. Based on that we have created a site plan (see attached) that is consistent with the PRD ordinance that serves to meet the need for new townhomes. There would be a mix of townhome types allowing for move -up buyers as well as first time homebuyers. The PRD even allows the flexibility of adding apartments or neighborhood commercial to the mix. Furthermore, the property itself and its surrounding uses make this an ideal area to create a village of various types of townhomes along with the possibility of some apartments and neighborhod commercial The size of the neighborhood, being 65 acres allows the area to feel more like a urban village than does a smaller 20 -30 acre parcel. The existing surrounding uses are a highway, commercial (allowing walking or short car trips) and higher density multi - family housing. The proposed use for the vacant 77 acre tract directly to the south is for single family housing. The transition to that property is consistent with the PRD ordinance as drafted. In addition, Town & Country Homes has been in contact with that property owner and they are supportive of these plans. Town & Country thanks you and looks forward to reviewing this application with you. Question 19 "Does this meet the criteria necessary to grant approval (please refer to informational .. We believe this zoning map amendment does meet the critiera necessary to grant approval of the rezoning. The Comprehensive Plan the City of Shakopee submitted to the Metropolitan Council guides this property under the newly created PRD district. This request is consistent with that plan submittal. 0 To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Natural Resource Director Subject: Suspend all Grading permits Date: August 30, 2000 INTRODUCTION The City Council is asked to suspend applications for all grading permits until the new tree preservation ordinance is forwarded to the City Council. BACKGROUND At the August 29, 2000 Special Planning Commission Meeting, the Planning Commission recommended the City Council suspend all grading permits until the new tree preservation ordinance is forwarded to the City Council for adoption. The vote passed by a 4 -2 margin with Commissioners Romansky and Gillick dissenting. The Planning Commission closed the public hearing and made their final changes to the document. However, they would like to review the final draft before it is forwarded to the City Council. During the interim, the Planning Commission would like to halt possible tree removal while the ordinance is under final consideration. The Planning Commission asked staff to have the final document by their next meeting, which is September 7. They understand, due to the time constraint, it may not be reasonably possible to meet this deadline. The next Planning Commission meeting is September 21, 2000. (1 will be out of town 8/31 to 9/5 and the City Attorney is also out of town until 9/1.) ALTERNATIVES 1. Suspend all grading permits until the City Council decides it wishes to adopt or not adopt a new tree preservation ordinance. 2. Do not suspend all grading permits. ACTION REQUESTED Discuss the merits of the Planning Commission's recommendation. Mark J.YcQuinan Natural�Resource Director CITY OF K f ' T: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Repeal of the City of Shakopee's Individual Septic Treatment System (ISTS) Ordinance Provisions PLICANT: City of Shakopee STING DATE: September 5, 2000 e oil 1 The City Council previously directed that the City's ISTS ordinance be repealed, and responsibility for management of ISTS be taken over by Scott County, Minnesota. Since receiving that direction, city staff has met with county staff to clarify the process that will be followed in reviewing plats with ISTS lots, new ISTS permits, and existing ISTS system management. This approach is consistent with actions undertaken by the adjoining cities of Prior Lake and Savage. M 04 NMI L Approve the attached ordinance repealing City Code Sec. 4.20. SEWAGE TREATMENT SYSTEM 2. Do not approve the attached ordinance repealing City Code Sec. 4.20. SEWAGE TREATMENT SYSTEM. 3. Table the decision and request additional information. FETORT 1 Offer a motion to approve the attached ordinance, An Ordinance of the City of Shakopee Repealing City Code Section 4.20. SEWAGE TREATMENT SYSTEM. v R Michael Leek Community Development Director g:\cc\2000\cc09O5\ISTSORD.doc e' 1 til ! l - 801 1 1 I ' ` 1 WHEREAS, it is deemed desirable to have Scott County to issue permits for, and manage both new and existing Individual Septic Treatment Systems (ISTS) ; 1'1 wel I 11 NLOJ 1 F4 X 1 1 W 11 � ORD Section 1. That Chapter 4. BUILDING REGULATIONS, Section 4.20. SEWAGE TREATMENT SYSTEM, which provides standards for the construction and inspection of ISTS, is hereby repealed in its entirety. Section 2. Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota held this day of 7 2000. Mayor of the City of Shakopee Attest: Judith S. Cox, City Clerk Published in the Shakopee Valley News on the day of ' 2000. p 11 MIAMI, IF it .119 AILMAJ0011- *m WHEREAS, the City of Shakopee received an application from Steven D. Anderson, applicant and property owner, for a Conditional Use Permit to allow Vehicle Sales, Service and Repair and a variance to reduce the required 100 foot landscaped buffer by 5 feet dated received June 9, 2000; and WHEREAS, On July 13, 2000, the applicant withdrew the request for a 5 foot variance to setback requirements and auto service and repair, and is therefore requesting approval of vehicle sales only; and WHEREAS, the property for which the application was made is legally described as follows: The South 1 42 feet of dock 2, East Shakopee, according to the recorded plat thereof of file and of record in the office of the County Recorder in and for Scott County, Minnesota WHEREAS, proper public hearing notices were sent, published and posted, and on July 6, 2000 a public hearing was held on the requested Conditional Use Permit before the Board of A.diustment and Anneals fBOAAI: and WHEREAS, On July 20, 2000, the Board of Adjustment and Appeals approved the Conditional Use Permit; and WHEREAS, On July 28, 2000, Craig Ballard, as a representative of the Neighborhood Coalition, filed an appeal of the decision of the Board of Adjustment and Appeals to the City Council; and WHEREAS, On August 15, 2000, the City Council reviewed the appeal. NOW, THERFORE BE 1T RESOLVED BY THE SHAKOPEE C COUNCIL, that it finds that the Board of Adjustment and Appeals did not error in its decision and is upholding the approval of the Conditional Use Permit, allowing vehicle sales in the Highway Business (B 1) Zone. BE IT FURTHER RESOLVED, that the City Council adopts the following findings relative to the request for Conditional Use Permit. CUP Criteria and Proposed Findings: Criteria #1 The use will not be injurious to the use and enjoyment of other property in the BE IT FURTHER RESOLVED, that the Conditional Use Permit is GRANTED subject to the following conditions: 1. Shall not store any vehicles which are unlicensed or inoperative for more than seven (7) days, except in appropriately designed and screened storage areas. 2. Shall not conduct any repair, assembly, disassembly, or maintenance of vehicles, except for minor maintenance such as tire inflation, adding oil, and wiper replacement. 3. Shall not have any outside storage or display except of vehicles for sale or rent. 4. Shall not have a public address system which is audible from any residential property. 5. Shall screen all storage areas. 6. Shall screen all display areas adjacent to a residential zone. 7. Shall maintain a landscaped buffer 100 feet wide from any residential zone. 8. All motor vehicle dealers shall be licensed by the State. 9. Shall obtain a Hazardous Waste License from the Scott County Environmental Health Department. 10. Oils, solvents and other hazardous wastes shall be managed in accordance with the Scott County Hazardous Waste Management Ordinance. 11. Noise mitigation should be designed to meet the limits defined in MPCA Noise Rules Ch. 7030. 12. Shall apply the parking setback to all areas where vehicles are located. 12 T1,n 1oc;nn of - "3rL;nn 0+0110 01"311 'nsnfnrm to tiles citm rnlavt +;tars rP(- P;vPri July 13, 2000. 14. Should the property owner /operator of the vehicle sales facility change, or any expansion of the facility be proposed, this CUP should be brought back before the Board of Adjustment and Appeals for review. 15. This Conditional Use Permit approval does not constitute approval of any signs for the proposed use. Sign permit(s) must be obtained for any and all signs. 16. All trash enclosures must be fully enclosed, including a cover. 17. The Conditional Use Permit will be brought back before the Board of Adjustment and Appeals for review if the City has received complaints made in relation to odor or noise. 18. This Conditional Use Permit does not allow any auto body activities, service or repair of vehicles. 19. Resolution No. PC99 -106, a resolution granting a Conditional Use Permit for vehicle sales at 810 1" Avenue East, shall become void upon the commencement of operations granted with the approval of Resolution No. PC20 -066. 20. Shall maintain hours of operation between 8:30 a.m. and 9:00 p.m. Monday through Friday, and 8:30 a.m. and 6:00 p.m. Saturday and Sunday. 21. Shall revise the landscaping plan to include an additional five (5) units to the southern property line. 22. Display area shall be surfaced entirely with asphalt or concrete, not aggregate. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 2000. VoREPARIED City of Shakopee 129 South Holmes Shakopee, 1 CITE' OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Grading Permit for Valley Park 12 Addition DATE: September 5, 2000 '!1 1 This memo is in regard to a grading permit application that was considered by the City Council on August 15, 17 and 24. At the August 24 meeting, this item was tabled to September 5, 2000. This agenda item is to consider approving a grading permit and with what conditions for grading of part of Lot 3, Block 2, Valley Park 12 Addition. Previous memos on this agenda item have indicated a grading permit application has been received by City staff from Valley Green Business Park for part of Lot 3, Block 2, Valley Park 12 Addition. In previous memos, it was mentioned that this land has preliminary and final plat approval. Previously, the grading plan was such to allow the grading to occur upon building of the lots by future industrial builders of such property. Valley Green Business Park has determined that it is necessary to grade a portion of its property in order to make the land more marketable, thus the application for a grading permit according to the City Code. The Tree Preservation Ordinance has been under discussion for possible adoption by the City Council, and would affect this property if adopted before the grading permit is issued. At the August 29, 2000 Planning Commission meeting, the Planning Commission did not pass the Tree Preservation Ordinance after several attempts to pass an ordinance for Council consideration. Thus, the ordinance will not be ready for the September 5 th City Council meeting. The Planning Commission also recommended that no grading permits be issued until the Tree PreservationOrdinance is passed. If Council abides by that recommendation, it will be in conflict to consider action on the Valley Green Business Park grading permit for the Valley Park 12 Addition. 1. Approve the grading permit with conditions as determined by City Council. 2. Do not approve the grading permit until the Tree Preservation Ordinance is in affect. 3. Table this item for additional information. Staff has no recommendation, as this is a policy issue with the City Council as to whether or not grading this site should occur before the Tree Preservation Ordinance is adopted. Other grading work has occurred in Valley Green Business Park with ADC Telecommunications, as part of an approved subdivision plan and grading permit with ADC Telecommunication's plat and an approved building permit with the remodeling of the Tsumura site. Make a motion to either approve the grading permit with conditions or table this item until the Tree Preservation Ordinance is in affect. Bruce Loney Public Works Director BL /prop PERMIT ® ® f CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Authorize the Preparation of a Feasibility Study for Vierling Drive, from County Road 15 to the West Plat Line of Orchard Park West DATE: September 5, 2000 WN e .1 1. e 2� Attached is Resolution No. 5407, which orders the preparation of a feasibility report for the construction of Vierling Drive, from County Road (C.R.) 15 to the west plat line of Orchard Park West. The segment of Vierling Drive, from C.R. 15 to the west plat line of Orchard Park West is the last segment to be built so that Vierling Drive is connected from Taylor Street to 12t" Avenue. Vierling Drive is a State Aid Route and has been built to a four lane urban roadway along the north side of T.H. 169 as a "reliever" collector. Staff has included this project in the 2001 Capital Improvement Plan and Council has previously indicated this project to be a high priority. In fact, this project was delayed from last year. Properties affected by this project will be the City and a large vacant parcel owned by Cal Haasken. Vierling Drive will need to be located partially in Lions Park and will provide access to a future fire station site. Also, this roadway will provide access to the vacant parcel owned by Mr. Haasken and the owner has indicated that he did not have a problem with starting a feasibility report. Mr. Haasken was concerned about the zoning of this property and guiding by the Draft Comprehensive Plan. This plan is still being considered by the Met Council. Staff has done a feasibility report previously on this project area. However, the report would need to be updated for estimate costs and other requirements since the last report. I\ N Y 01. eg-4'NITA 1. Adopt Resolution No. 5407. 2. Deny Resolution No. 5407. 3. Table for additional information. �. kk r Staff recommends Alternative No. 1. 1, Offer Resolution No. 5407, A Resolution Ordering the Preparation of a Report on an Improvement to Vierling Drive, from County Road 15 to the West Plat Line of Orchard Park West. And move its adoption. li w Bruce Loney Public Works Director BL /p-p MEM5407 co O O N O 0 N L3 . l i V [i V CD CD CD an Y a� Y y O O a w N O co co A C O W eS r LO ca N O d CL W lL m E: �7 ST N �O O CL N y C C C ,�_• LL. LL LL. L LL LL. O O CQ = Q V �vCCD N V- U- 0 ^ O L L O O C 1r3 U ` d SO ` 10 O 0 w C N E d M 3 6W J ;II O d C O V O E U a- U NL d O C C a� f-- y O 0 C a X f6 C M y C C C O O X F O (Q R �- O fn W W W w w tQ V d m j O O C J U E L11 O LL l6 w . C7 U F a. U ® co Q co co U) U) fA 1-- d O O o L ° A y U) 6. d N Q m l4 O bj O L CL N d O O 0 O Y C ~ L. c / O O d j n,. Z C B p LL N L y r d :2 w R i N L O _ v y w Q Co V a N O L d Cn O J ® CD C = N L J O 0 O = L N t 6 d w ° ° d Q eN!1 O a E d m 4 .. e.+ v cn CD a) m d n> O U ai _[ Cl) 0 w s m o, o CU y � w d d 0 p ° w v O U O .. B ° V [i V CD CD CD an Y a� Y y 0 00 O C7 a w N O co co A C r O eS r LO O N ++ U lL m E: �7 ST �O O y C C C ,�_• LL. LL LL. L LL LL. '1S 35E13Id � � � S a I m a I-- I Q U O � J ' U u.t m V) C L C L C L CL OD r ti LD M r an Y a� Y y lL m E: �7 ST O y C C C ,�_• LL. LL LL. L LL LL. = Q V �vCCD N V- U- 0 ^ O L L O O C 1r3 SO ` 10 O 0 w C N ' d y N y N co fn Cn 3 6W J ;II O d C lC U d v O y �' ®® (D V NL d O C C a� f-- C C a X f6 C M y C C C O O X F O (Q R �- O fn W W W w w tQ V d m j O O C J U E L11 O LL l6 w . C7 U F a. U ® co Q co co U) U) fA 1-- N3$M"4 /fi O L d Q m S a I m a I-- I Q U O � J ' U u.t m V) C L C L C L CL OD r ti LD M r A Resolution Ordering The Preparation Of A Report On An Improvement To Vierling Drive, From County Road 15 To The West Plat i Orchard P ark West WHEREAS, it is proposed to improve Vierlmg Drive, from County Road 15 to the west plat line of Orchard Park West by sanitary sewer, watermain, street construction, bituminous paving, curb & gutter, sidewalk, bituminous trail, storm sewer, box culvert and any appurtenant work and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429. NOW, THEREFORE, E IT RESOLVED BY THE CITY COUNCIL OF THE CITTY OF SHAKOPEE, MINNESOTA, that the proposed improvement be referred to Bruce Loney, Public Works Director, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1 2000. Mayor of the City of Shakopee /_�1 YI m A City Clerk CITY OF SHAKOPEE UP.nmrandu.m TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Consider Adoption of Right -of -Way Management Ordinance No. 578 DATE: September 5, 2000 � ® C . o 0 ® B F � 4 t $ Previously, City Council adopted Ordinance No. 570 on August 1, 2000, an ordinance relating to the administration and regulation of public right -of -way in the public interest by adding Section 7.17 to the Shakopee City Code. Attached to this memo is Ordinance No. 578, an ordinance amending Chapter 7, Section 7.17, Subd. 6, to correct a deficiency in the previous ordinance. Ell 1 After the Right -of -Way Ordinance was adopted by City Council on August 1, 2000 and a revised Fee Schedule for right -of -way Management costs adopted on August 15, 2000 and the ordinance published on August 24, 2000, City staff has been working with the revised ordinance with new right -of -Way Permits. It was discovered that driveway connections to City streets and removing concrete and gutter was exempted by Sudb. 6, Paragraph C. This was an oversite by City staff and the revised ordinance attached to this memo is to correct that deficiency. With driveway connections, the removal of curb and gutter it is very important that a permit be applied for and approved by City staff and that a fee be charged for this right - of -way management cost. Also attached to this memo besides Ordinance No. 578 is Resolution No. 5408 a resolution amending Resolution No. 5293 which amended the Fee Schedule for City services. The revised language for the exception has been provided in Ordinance No. 578 and the fee for a curb cut permit is shown in the revised Resolution No. 5408. 1. Adopt Ordinance No. 578. 2. Deny Ordinance No. 578. 3. Adopt Resolution No. 5408, a resolution amending Resolution No. 5293 amending fees for administration and regulation for public right -of -way for the City of Shakopee. 4. Deny Resolution No. 5408. 5. Table for additional information. Staff recommends Alternative No. 1 and Alternative No. 3. 1. Offer Ordinance No. 578, An Ordinance Relating to the Administration and Regulation of Public Right -of -Way in the Public Interest, and to Provide for the Issuance and Regulation of Right -of -Way Permits; Amending Section 7.17, Subdivision 6 to the Shakopee City Code and move its adoption. 2. Offer Resolution No. 5408, A Resolution Amending Resolution No. 5293, Amending Fees for Administration and Regulation for Public Right -of -Way for the City of Shakopee. / ruce o Lon j ey Public Works Director 1tt u M: •'1 k . • 1 • MOT I �118�0- I 1 # r l HIM1 112,1 H • Section 1. The Shakopee City Code is amended to amend Section 7.17, Subdivision 6 to read as follows: Section 7.17. 'g -of- ay Management Subd 6 Registration and Right- of -Wgy Occupancy A. Registration. Each person who occupies, uses, or seeks to occupy or use, the right -of -way or place any equipment or facilities in or on the right -of -way, including persons with installation and maintenance responsibilities by lease, sublease or assignment, must register with the city. Registration will consist of providing application information and paying a registration fee. B. Registration Prior to Work. No person may construct, install, repair, remove, relocate, or perform any other work on, or use any facilities or any part thereof in any right -of -way without first being registered with the city. C. Exceptions. Nothing in this Section shall be construed to repeal or amend the provisions of a city ordinance establishing the rights of and limitations placed on persons to plant or maintain boulevard plantings or gardens in the area of the right -of- �vay ueYVCCU uicl. pprGpeiLy and t he Street Giuu. i cisuits suull not be uZciTieu to i.isc Jr occupy the right -of -way, and shall not be required to obtain any permits or satisfy any other requirements under this Section for the following: 1. Planting or maintaining boulevard plantings or gardens; 2. Other surface landscaping works; 3. Maintenance of driveways and parking lots unless such maintenance requires excavation work in the right -of -way. 4. Construction or maintenance of street furnishings, bus stop benches, shelters, or posts and pillars; 5. Snow removal activities. 6. Construction and maintenance of irrigation systems provided that the system does not connect directly to water mains in the right -of- way. Nothing herein relieves a person from complying with the provisions of the Minnesota Statutes, Chapter 216D, Gopher One Call Law. Section 3. This ordinance is effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 2000. Mayor of the City of Shakopee City Clerk • Resolution Amending Resolution No. Amending 1 Administration !11 Regulation Of Public Rights F1 1 of 1 1 I . WHEREAS, the City Council has adopted a Fee Schedule for the fiscal year; and AS, Ordinance No. 570 requires additional administration and regulation duties to manage the public rights -of -way. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAKOPEE, MINNESOTA, That Resolution No. 5293, the 2000 Fee Schedule, is hereby amended on Page 18, Work in Public Right -of -Way Permits as follows: Right-of-Way Permits A. Registration Fee $45.00 per registration B. Excavation Permit Fee 1. Hole 2. Emergency Hole 3. Trench * The maximum length of a trench permit shall be 5,000 lineal feet $125.00 $55.00 $40.00 per 100 lineal feet plus hole fee C. Obstruction Permit * The maximum length of an obstruction permit shall be 5,000 lineal feet D. - Delay Penalty $50.00 plus $.06 per lineal foot for each obstruction $25.00 plus $25.00 per week or portion thereof E. Permit Extension (See Delay Penalty) F1 G. a Degradation Fee Unauthorized Work Permit Curb Cut Permit session of the City Council of the City of Shakopee, BE IT FURTHER SOLVED, That this resolution supersedes Resolution No. 5395. Adopted in Minnesota, held this day of ATTEST: Fee will be based on all costs to repair the street to the appropriate street restoration detail plates if the permittee elects not to repair the street Fee is up to double the permit fee $75.00 2000. Mayor of the City of Shakopee City Clerk CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Joel Rutherford, Assistant City Engineer SUBJECT: Approve Plans and Specifications and Order Advertisement for Bids for Trunk Watermain Extension, from Southbridge Parkway to Stagecoach Road, Project No. 2000 -5 DATE: September 5, 2000 On July 18, 2000, the City Council adopted Resolution 5387, a resolution ordering the improvement and preparation of plans and specifications for a trunk watermain extension, from the Southbridge development to an existing watermain at Stagecoach Road. The plans and specifications for these improvements have been completed and are ready to be sent out for bids. Shakopee Crossings Limited Partnership, one of the property owners affected by the project, petitioned the City for the improvements. These improvements are needed, as required by an agreement between the developers of the Southbridge development and the Shakopee Public Utility Commission. This agreement was part of the Southbridge development, in order to provide an alternate water source for the residential development. The proposed improvements would meet the requirements of this agreement. The plans for the improvements have been completed, and are ready to be sent out for bids. The purpose for this item is to accept the plans and specifications, and to order the advertisement for bids. 1. Adopt Resolution No. 5412, approving the plans and specifications and ordering an advertisement for bids for the improvements of a trunk watermain extension, from the Southbridge development to an existing watermain at Stagecoach Road 2. Deny Resolution No. 5412. 3. Table this item. 17�T�7�►�►� 0 " ANN rIM' Staff recommends Alternatives No. 1. 1. Offer Resolution No. 5412, A Resolution Approving the Plans and Specifications and Ordering an Advertisement for Bids for a Trunk Watermain Extension, from Southbridge Parkway to Stagecoach Road, Project No. 2000 -5 and move its adoption. T�. `Joel Rutherford Assistant City Engineer L INK[ r , WHEREAS, pursuant to Resolution No. 5387 adopted by City Council on July 18, 2000, Bruce Loney, Public Works Director has prepared plans and specifications for the construction of a trunk watermain extension, from Southbridge Parkway to Stagecoach Road and any appurtenant work as described in the feasibility report and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THI CITY OF •' 1 • 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required by law. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 2000. Mayor of the City of Shakopee AT'TES'T: City Clerk /s, c. . CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Request of TMI Coatings, Inc. Regarding Hourly Restrictions on Construction Activities Repainting of 1.5 MG Elevated Water Tank DATE: September 5, 2000 � �; By letter dated August 28, 2000. TMI Coatings, Inc., the contractor for Shakopee Public Utilities Commission's repainting of elevated water tower at 803 Canterbury Drive has requested that City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3 Hourly Restrictions on Certain Operations, D, be suspended for Saturday and Sunday work hours. DISCUSSION: The above named section of the City Code restricts the hours of operation from 7:00 A.M. to 10:00 P.M. on weekdays, and from 9:00 A.M. to 9:00 P.M. on weekends and holidays. TMI Coatings, Inc. is requesting a suspension on the hours as follows: Saturday & Sunday 7:00 A.M. to 7:00 P.M. The earlier starting time is to expedite work in order to work longer hours to allow contractors to work earlier on Saturday and Sunday to complete the project as soon as possible due to weather sensitive requirements. Staff would recommend that if the suspension of hours is granted, that the approval is subject to the following conditions: 1. Approval is contingent upon minimizing noise exposure near residential areas. 2. If residential complaints are received by the City, the suspension can be revoked at the discretion of the City Engineer. 3. Blasting activities, if any, must be done from 8:00 A.M. to 5:00 P.M. If Council approves the suspension, a public notice to meet the City Code requirements and notice such as a news release would be placed in the Shakopee Valley News. Staff believes by allowing this suspension of work hours, the projects can be done sooner than the length of construction description and inconvenience is minimized. ALTERNATIVES: 1. Approve the suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, as requested by TMI Coatings Inc., as per their letter dated August 28, 2000 and direct staff to publish notice of the suspension terms with the conditions as recommended by staff. 2. Approve the suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, for some other period of time as determined appropriate by the City Council, and direct staff to publish notice of the suspension terms. 3. Do not approve the suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D. I. e Staff recommends Alternative No. 1. ' 1 Offer a motion approving suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, as requested by TMI Coatings, Inc., as per their letter dated August 28, 2000 and direct staff to publish notice of the suspension terms with the conditions as recommended by staff. Bruce Loney Public Works Director BL /pmp RESTRICT 2805 Dodd Road ® St. Paul, Minnesota 55121 -1519 ® 651 -452 -6100 ® FAX 651 -452 -0598 http: / /Www.tmicoatings.com August 28, 2000 City of Shakopee Attn: Mark McNeill City Administrator 129 Holmes Street South Shakopee, MN 55379 612- 445 -3650 / Fax 612- 445 -6718 Re: Repainting of 1.5 MG Elevated Water Tank City of Shakopee Public Utilities Commission Shakopee, Minnesota TMI Job No. 00- 3034 -5 WEEKEND WORK Dear Mr. McNeill: The Shakopee Public Utilities Commission referred me to you for the purpose of requesting the ability to work weekends on the above - mentioned project. The address of the job site is 803 Canterbury Drive, Shakopee, MN 55379. We are reconditioning the interior and exterior of the Shakopee water tank, and the exterior reconditioning process must be completed by October 28, 2000. The containment system we are using is weather sensitive. It requires wind speeds of less than 15 mph. Additionally, we are using weather sensitive material. The paint products we are applying need minimum 50 ° F temperatures. In order to meet this completion date, TMI respectfully requests the ability to work approximately 7 AM to 7 PM on Saturday and Sunday. If you have any questions or if I can be of further assistance, please don't hesitate to contact me at 651- 452 -6100. Sincerely, TMI COATINGS, INC. 0 Daniel J. Imre Shop & Field Operations Manager Ik:tmij /303405 Contractor for Protective Coatings and Linings for Industry. An Affirmative Action, Equal Opportunity Employer. 0 HWFR OVER 2,700 PROJECTS COMPLETED CITY OF SHAKOPEE POLICE DEPARTMENT Memorandum Honorable Mayor and City Council Mark McNeill, City Administrator Dan Hughes, Chief of Police 2001 Resolution for Task Force Participation August 21, 2000 a �' �i S Ek: �1 T Each year the State of Minnesota, Office of Drug Policies, requires coordinators of regional task forces to submit resolutions indicating intent to participate in task force operations from each member agency. For the past several years the state and federal governments have encouraged local law enforcement agencies to form regional task forces to investigate drug law violations. Significant sums of federal and state drug enforcement money are distributed to task forces. The Shakopee Police Department has been a member of the Southwest Metro Drug Task Force since its inception and wishes to continue participation in the task force for as long as possible. ALTERNATIVES: 1. Continue participation in the Southwest Metro Drug Task Force. 2. Discontinue participation in the Southwest Metro Drug Task Force. I' � 1 1 • � Alternative #1 U, ' l � Offer Resolution #5403 a resolution to enter a cooperative agreement with the Office of Drug Policy in the Minnesota Department of Public Safety for participation in the Southwest Metro Drug Task Force. [tfMem000]Pm RESOLUTION NO. 5403 = no V-11 trill W 01 • ' 1 WHEREAS, The City has participated in 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. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the Mayor, City Administrator and City Clerk are hereby are authorized to enter into a cooperative agreement with the Office of Drug Policy in the Minnesota Department of Public Safety for the project entitled Southwest Metro Drug Task Force for the calendar year 2001. Passed in regular session of the City Council of the City of Shakopee, Minnesota, held this 5' day of September, 2000. Mayor of the City of Shakopee Attest: _ City Clerk [tfOOreso]pm 1,5 a . CITY OF SHAKOPEE POLICE DEPARTMENT Memorandum Honorable Mayor, City Council Mark McNeill, City Administrator Dan Hughes, Chief of Police Donation From Shakopee Valley Printing August 22, 2000 CONSENT The Shakopee Police Department is requesting authorization to accept a check in the amount of $1,000.00, with the funds to be used to equip our 1993 Chevrolet Blazer as a D.A.R.E. /G.R.E.A.T./McGruff vehicle. Shakopee Valley Printing sent the police department a check for $1,000.00 to be used in support of the D.A.R.E. /G.R.E.A.T. programs. The Police Department would like to turn the department's 1993 Chevrolet Blazer into a D.A.R.E. /G.R.E.A.T./McGruff vehicle. This will require special detailing and equipment. 1 . -M, ep Accept the donation and place the funds in the D.A.R.E. /G.R.E.A.T. account to be used for stripping and graphics of the vehicle. Also to equip the vehicle with emergency medical equipment and emergency oxygen supply. The estimated cost of these items is $1,000. ALTERNATIVE: #1 Accept the donation and place the funds in the D.A.R.E. /G.R.E.A.T. account. Use the funds as recommended above. #2 Do not accept the donation. If Council Concurs, they should, by motion accept the $1,000 donation and authorize staff to use the funds to purchase vehicle equipment shakopee valley printing a division of american color graphics, inc. 5101 valley industrial boulevard south ® p.o. box 359 ® Shakopee, mn 55379 ® 612- 445 -5800 FAX 612- 445 -5805 August 8, 2000 Shakopee Police Department 476 Gorman Street Shakopee, MN 55379 Dear Shakopee Police Department MSR j. It has been our company philosophy to share a portion of our yearly earnings through contributions to worthy endeavors. We receive a very large number of requests for contributions each year, so we are targeting our donations only to those fine organizations such as yours. Please accept our enclosed donation, and good luck to all of you. Sincerely, SHAKOPEE VALLEY PRINTING newspapers ® advertising supplements • catalogs • bindery ® computerized mailing ® electronic pre -press CrrY OF SHAKOPEE Memorandum To: Honorable Mayor & City Council Mark McNeill, City Administrator From: Dan Hughes, Chief of Police Date: August 24, 2000 Subject: Dial -A Ride Driver Background Investigations Introduction The Council made an inquiry as to the feasibility of Police Department personnel conducting background investigations on Dial -A -Ride bus drivers. :, The City Council voiced concern over the liability the City may be exposed to when a subcontractor transports minor children on the Dial -A -Ride system. The question arose regarding background investigations on the drivers and if it would be good use of Department resources. Police Department staff did some time limited research into the question and learned the following: • State Statute requires bus drivers to have a commercial drivers license. • State Statute requires school bus drivers to have a commercial drivers license with a school bus endorsement. • State Statute requires school bus drivers to have a criminal background check completed by the Bureau of Criminal Apprehension before the school bus endorsement is issued. • The only records check conducted on a bus driver is a driver's license check unless the subcontractor requires the bus driver to complete a criminal background check as a condition of employment. • The City Attorney's opinion is that the City could do background investigations on the drivers if they signed a waiver. • The primary civilian background investigator for the St. Paul Police Department reports that she uses the same background format for civilians as is used for police officers. She reports that the end result of such an extensive background check is that past employers tell you very little or nothing but the dates of employment. They rely heavily on the criminal history background check. • A thorough background investigation can take up to 40 hours depending upon work and resident history. • A criminal history background check can usually be completed in an hour or less. John Matthews, a Laidlaw Transit Services spokesperson, reports the company currently does a criminal history background check on all of the drivers assigned to the Shakopee Dial -A -Ride system without requiring a school bus endorsement. Alternatives Alternative #1 The City will require Police Department staff to conduct a background investigation on all drivers assigned to the Shakopee Dial -A Ride system by the subcontractor. Alternative #2 The contractor will continue with the current practice of performing a criminal history background check on all drivers assigned to the Shakopee Dial -A Ride system. The requirement to perform the criminal history will become part of the agreement between the City and the contractor. Recommendation The Police Department recommends Alternative #2. Action Reguested If Council concurs, they should, by motion, direct the City Attorney to amend the Dial -A- Ride contract to provide for the contractor to provide proof of a criminal history background check on all drivers assigned to the Shakopee Dial -A Ride system. ® i we 0 WK IM M pp F , W ' , ' / Y Y 1 r Y nn Mem Honorable Mayor, City Council Mark McNeil, City Administrator Dan Hughes, Chief of Police August 25, 2000 Donation from Target Store Corporation t � The Shakopee Police Department is requesting authorization to accept a check in the amount of $1,000.00, with the funds to be used to purchase a digital camera for the department. Target store in Shakopee presented the police department with a check for $1,000.00 to be used to purchase a piece of equipment the police department was in need of. The Police Department would like to use the monies to purchase a digital camera. This equipment will be very helpful for crime scene processing as well as community education, etc. � 1 1 1 • � Accept the donation and purchase a digital camera for the police department to be used in crime scene processing and other photography needs the police department may encounter in our daily activities. The estimated cost for the camera and supplies is $1,000.00. 91 Accept the donation. Use the funds to purchase a digital camera. #2 Do not accept the donation. Coles I 1; If Council Concurs, they should, by motion accept the $1,000.00 donation and authorize staff to use the funds to purchase a digital camera for the police department. CITY OF SHAKOPEE Police Department Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Dan Hughes, Chief of Police SUBJECT: Surplus Property DATE: August 31, 2000 � Council is asked to declare certain items held by the Police Department as surplus property, under City Code 2.70 S3A, and disposed of or sold as junk. The Police Department is currently storing old evidence and found property in the evidence room and garage loft. The registered owners of the property are unknown or do not wish to reclaim their property. Staff recommends Council declare these items held by the Police Department as surplus property for the purpose of proper disposal. '' I I 1 If the Council concurs, it should, by motion, declare these items surplus property and authorize staff to appropriately dispose of these items. DH:pm Attachment (1) CITY OF SHAKOPEE POLICE DEPARTMENT Memorandum TO: Dan Hughes, Chief of Police FROM= Erin Lundy, Community Service Officer SUBJECT: Surplus Property/Disposal DATE: August 31, 2000 The Shakopee Police Department is currently storing old evidence and found property in the evidence room and garage loft. All items have been stored at the police department for more than a year, and the registered owners of the property are unknown or do not wish to reclaim their property. It is very likely that some of these items will sell in auction. I am requesting that the items listed below be declared surplus property, under City Code 2.70 s3A, and disposed of or sold as junk. • Forest Green Crospete golf bag with 11 AFC golf clubs • Camouflage hunting duffle bag • HJC LS Airtech Snowmobile helmet • CKX Snowmobile gloves and 2 winter Team Artic caps • 2 pair of adult rollarblades .... maroon/black and black/yellow • 1 pair, size 12, black Harley Davidson calf boots • 1 Samsonite brown suitcase /travel bag • Yellow construction helmet • 2 Boxes of continuous feed sheets white paper 14 7/8" x 11" • 9 foot Hudson 13th Edition map of Twin Cities area ® Anatomically correct stuffed dolls • Underwood 528PD calculator — old condition • 3 - 3-hole punches • Metal filing plates for desk use • Numerous block cell phones, chargers, and car adaptors • Old flip clock • Christmas bulb ornaments mostly gold in color • Numerous books of Law Enforcement /Criminal Justice training and information. • 2 fluorescent traffic vests — orange /white • 1 in -wall fan Bicycles ® Huffy USA - blue, 6 -speed ® Robinson SST BMX — chrome, needs repair ® 3 Holiday — brown, adult bike ® Schwinn Traveler — red, 10- speed, womens • Montgomery Wards — blue /cream, 24 ", womens ® Sears BMA/6 — brown, adult womens • Scorcher 26 — blue, 10- speed, mens ® Murray Highlander - mens ® Murray USA — maroon, womens, rusty • Huffy 314 — black/pink, womens, 6 -speed ® Huffy Strider — grey, adult mens • Roadmaster Ultra Terrain Extreme — blue/black, young adult ® Murray Northwind — mens, blue, adult ® Tigershark — red, young boys ® X Games — chrome, 20 ", boys, BMX • Unknown — silver, mens, bad condition ® Schwinn — mens, green, adult size ® AMF — brown, 3- speed, mens ® Huffy Sweet — blue, girls, good condition ® Magna — green, boys ® Fuji Velo — 26 ", boys, red ® Magna Starburst — pink, girls, good condition ® Royce Union — boys, chrome, BMX style ® Huffy Superia — black, boys ® Huffy —purple, girls ® NEXT — 18- speed, blue, mens, good condition ® Roadmaster — girls, new condition ® Schwinn — girls, red, small bike ® Schwinn Continental — mens, yellow, 10 -speed ® Monte Claire — turquoise /pink, 5- speed, girls mountain bike ® Murray Sabre — mens, velo seat, 18- speed, black/blue, mountain bike ® Free Spirit — mens, blue, 12 -speed ® Magna Fugitive — black, mens, mountain bike, 18 -speed ® X -Games — chrome, street stock, boys, BMX ® Club Fuji — no seat, mens, red/white, 6 -speed ® Diamond Back Outlook — needs repair, 6- speed, mens mountain bike, purple/black • Summers Dream — white /purple, girls, basket on front • GENERAL — peach, white seat, girls, older bike • Roadrage — blue/black, young boys, KDWB stickers on bike ® Huffy — pink/purple, girls, 6- speed, bent tire 0 Elite Greg LeMond — mens, 18- speed, no wheel • 2-book — World Book Dictionary ® Video cassette rewinder • CD holder black hard cover • Numerous small office supplies • 1 large green slated chalk board • Bushnell instant focus binoculars • Regency weather alert radio • Flip calendar holder for desk • Round, moveable desk organizer - black • Desk index card holder • Grey metal large index card filing drawers ® 15" paper trimmer • Sears AM /FM Stereo cassette player for car installation • HP LaserJet 2100 xi Printer • 1 SHARP SF-8300 Copy Machine needs repair • 1 Wayzata CC Navy golf bag • 6 - 10 different lawn ornaments • Blue Thermos Aifomnrandum TO: FROM: SUBJECT: DATE: Mayor and City Council Mark McNeill, City Administrator Marilyn Remer, Payroll/Benefits Coordinator New Change in Status Regulations Issued for Cafeteria Plans August 28, 2000 INTRODUCTION AND BACKGROUND: o G. it On March 23, 2000, the IRS issued new and proposed regulations clarifying the administration of change in status elections under cafeteria plans. To take advantage of the regulations as soon as possible, Cafeteria Plans must be amended to allow administration of the change in status rules under the new regulations. Stanton Group (formerly DCA) will be administering the new rules effective August 1, 2000, for plans that are amended for that date. Resolution No. 5404 amends Change in Status Rules for the City of Shakopee Flexible Spending Plan. ACTION REQUESTED: Offer Resolution No. 5404, AN AUGUST 2000 AMENDMENT TO THE CITY OF SHAKOPEE FLEXIBLE BENEFITS PLAN ADOPTED BY RESULTION NO. 3315 AND AMENDED BY RESOLUTION NO. 5246 and move its adoption. AN AUGUST 2000 AMENDMIENT TO THE CITY OF SHAKOPEE FLEXIBLE BENEFITS PLAN ADOPTED BY RESOLUTION NO. 3315 AND AMENDED BY RESOLUTI NO. 524 WHERE the City of Shakopee (the "Employer ") provides employees with an opportunity to pay for certain employee welfare benefits on a pre -tax basis through the above mentioned Plan (the "Plan"); and WHERE the Employer considers is desirable and in the best interests of the Plan to make the following amendment to the Plan; NOW, THEREFORE, pursuant to the authority reserved in the Plan to allow amendments to the Plan, the Plan is amended as follows: Effective August 1, 2000, the provisions of the Plan governing a Participant's ability to revoke a benefit election and make a new benefit election during the plan year shall be administered in compliance with the Final and Proposed Cafeteria Plan Regulations issued March 23, 2000, which are summarized as follows: Events The following Change is Status events, when they result in an eligibility change for underlying welfare benefits, shall be recognized under the Plan: • Legal martial status change (marriage, divorce, death of spouse, legal separation and annulment) • Change in number of tax dependents (birth, placement for or adoption, death) • Employment Status Change for employee, spouse or dependent (employment termination or commencement, strike or lockout, unpaid leave of absence, change in worksite) • Dependent satisfies or fails to satisfy eligibility requirements (age, student status, marriage) • Residence change of employee, spouse or dependent � v . vi v.uuuuuvii vd uLLUi✓LiVid PrvC CCLLUibJ dVl uLLVp LdVll ciJ51J LQllI.Z Consistency Conditions Further, the election modification on account of any of the status changes must be consistent with that status change. Where the status change makes an employee, spouse or dependent eligible for coverage, the election modification permitted is to add the newly eligible individual or increase the deduction for the coverage. Where the status change makes an employee, spouse or dependent ineligible for the underlying welfare benefit coverage (divorce, legal separation, annulment or death of the employee's spouse or dependent), the election modification permitted is to drop the coverage for that individual. If the employee, spouse or dependent becomes eligible for coverage under a family member's plan due to open enrollment, or a change in martial or employment status, the affected individuals must actually elect that coverage in order to drop coverage under this Plan. Consistency Exceptions • Where the status change is change in marital status, disability and life insurance coverage may be increased or decreased. • When the status change is loss of dependent status, an election modification to allow a participant to pay COBRA continuation premiums on a pre -tax basis may be made. Change in Cost or Coverage If a cost increase is "significant ", a participant may increase the Plan election or revoke his or her election and make a new election for coverage under a similar benefit plan. To meet the "significant curtailment" standard, there must be an "overall reduction in coverage" resulting in reduced coverage to participants in general under the welfare benefits plan. If a new option is added to the welfare benefit plan or if an option is eliminated from the welfare benefit plan, participants may make new elections, corresponding to the change, under this Plan. Dependent care spending account elections shall be administered according to these rules. Health care spending account elections shall not be eligible for modification under these rules, in accordance with the Proposed Regulations. Miscellaneous The Employer reserves the right to automatically initiate changes to participants' elections where an insignificant change in cost occurs or where the Plan is required to follow a judgment, decree or order that mandates coverage for an employee's dependent. A participant who gains Medicare or Medicaid coverage shall be allowed to drop or reduce an election amount; an employee or participant who loses Medicare or Medicaid coverage shall be allowed to begin or increase coverage. Employees rehired within 30 days of their most recent termination of employment shall have their most recent election amounts automatically reinstated. Employees rehired more than 30 days after their most recent termination of employment shall be allowed to make new elections under the Plan as new hires. THESE RULES shall hereby supercede and replace the election changes of the Plan effective for status events that occur on and after August 1, 2000. These rules are intended to comply with the Final and Proposed Cafeteria Plan Regulations issued on March 23, 2000. In the event that these rules are ambiguous for any particular situation, the Final and Proposed Cafeteria Plan Regulations shall be the decisive authority for the administration of the Plan. Adopted in Shakopee, Minnesota held this _ day of, session of the City Council of the City of 2000. Mayor of the City of Shakopee Irl�Ilx.I`7�1 City Clerk CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Hiring of Engineering Tech. II DATE: September 5, 2000 The Council is asked to authorize the appointment of Duane Toenyan from the position of Public Works Maintenance Worker to Engineering Tech II. The Engineering Tech. II position has been vacant since the March, 2000 resignation of Tom Voll. At the July 5, 2000 meeting, Council approved a revised job description for an Engineering Tec. II position and authorized staff to post the position. This is full -time budgeted position. The position was posted internally. An interview panel consisting of the Public Works Director, Project Coordinator, Payroll/Benefits Coordinator and the City Administrator interviewed Duane Toenyan. The recommendation is to hire Duane Toenyan. Duane has been employed by the City of Shakopee for four years as a Maintenance worker in the Public Works Division. Prior to that he worked for the City of Inver Grove Heights in the Street Department and also managed and maintained a large mobile home park. Duane understands that upon appointment to this new position he will be on six months probation for this position, and has agreed to attend related engineering courses. This is a non -union position. Duane is currently at Step 5, Grade D. Maintenance Worker of the 2000 Public Work's Union Pay Schedule. Staff is recommending that Mr. Toenyan's starting salary be the next step above his current salary at Step 6, Engineering Tech. II, Grade D of the City's 2000 Pay Plan. The Maintenance Worker and Engineering Tech. II positions are at the same grade. Future step increases will occur on the annual anniversary date of this appointment. Move to authorize the transfer of Duane Toenyan to the position of Engineering Tech. II starting at Step 6, Grade D of the Non -Union 2000 Pay Plan effective September 11, 2000. Bruce Loney Public Works Director BL /pmp TOENYAN 0 Lo- CITE' OF SHAKOPEE Memorandum CONSENT TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Acceptance of Resignation — Duane Toenyan and Authorize the Advertisement for Public Works Maintenance Worker DATE: September 5, 2000 . Council is asked to accept the resignation of Duane Toenyan, Maintenance Worker, effective September 11, 2000 and to authorize the advertisement for a Maintenance Worker to replace Mr. Toenyan. • k '1 l Attached is a letter of resignation from Duane Toenyan indicating that he will be resigning form the Public Works Department and is leaving for the Engineering Technician II position of Shakopee' Engineering Department. Staff is requesting authorization to advertise to hire a Maintenance Worker to fill the vacancy left by Mr. Toenyan's resignation. Staff recommends that his resignation be accepted and staff be authorized to advertise to hire a Maintenance Worker to fill the vacancy. ' 1 1 1. If Council concurs, it should be by motion to accept the resignation, of Duane Toenyan as Maintenance Worker for the Public Works Department of the City of Shakopee effective September 11, 2000. 2. Move to authorize the appropriate City staff to utilize Scott County in advertising and hiring a Maintenance Worker. Bruce Loney Public Works erector BL /pmp RESIGNS CITE' OF SAKOPEE Memorandum TO: Bruce Loney, Public Works Director FROM: Duane Toenyan SUBJECT: Employment Change DATE: August 31, 2000 As you are aware, I recently applied for the position of Engineering Tech. II for the Engineering Department. At this time, I have been offered the position and have accepted. It is my understanding through you that I will assume this position effective September 11, 2000 (pending Council action). Please accept this memo as my notice of resignation for my current position as a Maintenance Worker. / �u Duane Toenyan, Mainten e Worker Cc: Marilyn Remer, Payroll/Benefits Coordinator Mark McNeill, City Administrator CITE' OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Hiring of Engineering Tech. II DATE: September 5, 2000 I19 fI11.T171 1 The Council is asked to authorize the appointment of Ryan Halverson to Engineering Tech H. • 1 il An additional Engineering Tech. II position was authorized by City Council on August 1, 2000 and authorized staff to begin hiring for this position. This is full -time budgeted position. The position was advertised with Scott County and after the posting, one application was received. An interview panel consisting of the City Administrator, Payroll/Benefits Coordinator, Assistant City Engineer and Public Works Director has conducted the interview and is recommending to hire Ryan Halverson. Ryan has worked for the City as an Engineering Intern for the past three years and has three years of civil engineering training from the University of Minnesota. Staff is recommending that Mr. Halverson's starting salary be at Step 2, Engineering Tech. II, Grade D of the City's 2000 Pay Plan. Inx41] I i ma171117_�KI11 '[17►A Move to authorize the hiring of Ryan Halverson to the position of Engineering Tech. II starting at Step 2, Grade D of the Non -Union 2000 Pay Plan effective September 11, 2000, subject to the successful completion of a pre - employment physical and background check. Bruce Loney Public Works Director BL /pmp HALVERSON ) F I i City of Shakopee Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tracy Coenen, Management Assistant SUBJECT: Preliminary Refuse and Recycling Request for Proposal (RFP) MEETING DATE: September 5, 2000 Introduction The City Council is asked to discuss and evaluate the preliminary refuse and recycling RFP. Background Council directed staff to prepare RFP for refuse and recycling services after reviewing the results of the July 2000 residential garbage survey results. In an effort to hold the next waste hauler to a higher level of service and improve City wide service, several elements been added to the current preliminary RFP. 1) All single family households which receive individual curbside pickup within the City service area have been added i.e.: town homes. Currently, the contract only accounts for attached single family units of 4 units or less. 2) Penalties for "poor service" have been added to the proposal 3) Monetary incentives for the City and for citizens to recycle. 4) Options for customer billing. Action Required Council is asked to approve preliminary refuse and recycling RFP to allow for distribution to waste haulers. Tracy Coenen Management Assistant WL The City of Shakopee, Minnesota is soliciting sealed proposals for the: COLLECTION PROCESSING AND DISPOSAL OF 11 RECYCLEABLES AND YARD WASTE- ISSUE & RECEIVING City Administrator 129 South Holmes Street Shakopee, MN 55379 Haulers must provide City with the following options 1) Processing refuse 2) Land filling refuse 3) Front loading trucks 4) Dear loading trucks 5) Hauler bills customers quarterly 6) City bills customers quarterly for refuse, recycling and yard waste services for the tenure of the contract. ENVELOPES SHALL BE MARKED & SEALED FACSIM[ILE BIDS 1 ACCEPTED. You are invited to submit a proposal for these services. Specifications, terms, conditions and instructions for submitting bids are contained herein. This Invitation for proposals with all pages, documents and attachments contained herein, or subsequently added to and made a part hereof, submitted as a fully and properly executed bid shall constitute the contract between the City and the successful proposer when approved and accepted on behalf of the City by an authorized official or agent of the City. City of Shakopee — Request for Proposal (RFP) Residential Refuse, Bulk Waste, Recycling and Compost Collection and Disposal ON I 049M Service Summary 2 Instructions to Proposers 3 Proposal Form 7 Equal Employment Opportunity 12 Conditions and Specifications 18 UFFUMET-7 7111 i f 7 _W 1 1 N 11 F �ECYCLABLES AND YARD WASTE Service Summary The City of Shakopee is seeking proposals from qualified companies to provide the following services: o Residential refuse and residential bulk trash collection services on a weekly basis for all residential customers residing in the City of Shakopee in single family housing units which receive individual curbside pickup within the designated City service area. Proposals are solicited for a rate per ton of refuse collected (including bulk refuse) and household unit cost. Recyclable collection, processing and marketing on a weekly basis for all residential customers residing in the City of Shakopee in single family housing units which receive individual curbside pickup within the designated City service area. Proposals are solicited for a rate per household and per ton. ® Yard waste collection and marketing/disposal on a weekly basis for all residential customers residing in the City of Shakopee in single - family housing units, which receive individual curbside pickup within the designated City service area. Proposals are solicited for a rate per ton and rate per household. The Contractor shall be responsible for all collection, transportation, processing, and disposal and/or marketing of materials collected in the above listed services. The City of Shakopee is a growing metropolitan community of approximately 17,251 (1999 estimate) residents. The City is approximately 29 square miles in area with 110 miles of streets, 10.5 miles of alleys and approximately 4098 single - family housing units, 2283 multifamily housing units (including town homes) and 33 mobile homes. Of these units, an estimated 4,600 are currently 2 City of Shakopee — Request for Proposal (RFP) Residential Refuse, Bulk waste, Recycling and Compost Collection and Disposal eligible for weekly residential refuse, residential bulk waste, recyclable and yard waste collection service. The Contractor is obligated to pickup and dispose of ALL eligible materials during the contract term at the contract price regardless of volume generated. 1 9 . 0 14 ;, 14 Wall • 1. EXAAIINATION OF PROPOSAL DOCUMENT-Before submitting a proposal, proposers shall carefully examine the specifications and shall fully inform themselves as to all existing conditions and limitations. The proposer shall indicate in the proposal the sum to cover the cost of all items included on the proposal form. 2. PREPARATION F PROPOSAL proposal shall be legibly prepared in electronic format or typed. If a unit price or extension already entered by the proposer on the Proposal and Award form is to be altered, it shall be crossed out and the new unit price or extension entered above or below and initialed by the proposer. The proposal shall be legally signed and the complete address of the proposer given thereon. All proposal shall be tightly sealed in an opaque envelope plainly marked SEALED PROPOSAL and identified by project name. Proposals opened by mistake, due to improper identification, will be so documented and resealed. The City Administrator's Office will maintain and guarantee confidentiality of the contents until the specified opening date and time. Facsimile bids will not be accepted. 3. PRE-BID E G -A Pre - Proposal Meeting is scheduled for September 26, 2000 at 9:30 A. M. (C.S.T.) in the City Council Chambers, 1st Floor City Hall, 129 South Holmes Street, Shakopee, MN. Attendance at the pre - proposal meeting is ATORY for "bidding" on the contract, to familiarize firms with the scope and magnitude of the contract and to point out any omissions in the specifications. Firms are also encouraged to get clarification from City staff at the site visit for unclear items. Questions received and responses provided by City staff will be provided, in writing, to all potential proposers. Substantive clarifications, additions or deletions in the specifications packet will be issued in specification addendum format. Proposers will be required to include or reference addenda for the project to verify that they are aware of the change in scope. Proposals not referencing or including addenda, where addenda exist, will not be accepted and will not be read. 4. EXPLANATION 'TO PROPOSERS explanation desired by a proposer regarding the meaning or interpretation of this Request for Proposal (RFP) and attachments that are not addressed at the Pre - Proposal Meeting must be requested in writing, and with sufficient time allowed for a reply to reach all prospective proposers before the submission of their proposal. Any information given to a prospective proposer concerning the RFP will be furnished to all prospective proposers as an amendment or addendum to the RFP if such information would be prejudicial to uninformed proposers. Receipt of amendments or 3 City of Shakopee — Request for Proposal (RFP) Residential Refuse, Bulk Waste, Recycling and Compost Collection and Disposal addenda by a bidder must be acknowledged in the bid by attachment, or by letter or telegram received before the time set for opening of proposals. Oral explanation or instructions given prior to the opening will not be binding. 5. Wr=RAWAL OF PROPOSALS - Proposals may be withdrawn in person by a proposals or authorized representative, provided their identity is made known and a receipt is signed for the proposal, but only if the withdrawal is made prior to the exact time set for receipt of proposal. No proposal may be withdrawn for at least 90 days after proposal opening. 6. ALTERNATE PROPOSAL - Proposals are cautioned that any alternate bid, unless specifically requested, or any changes, insertions or omissions to the terms and conditions, specifications or any other requirement of this RFP may be considered non - responsive, and at the option of the City, result in rejection of the alternate proposal. 7. LATE PROPOSAL -Any proposal received at the office designated herein after the exact time specified for receipt, will not be considered. (Note: The City reserves the right to consider proposal that have been determined by the City to be received late due to mishandling by the City after receipt of the proposal and no award has been made.) 8. PROPOSAL BO -A proposal bond - in the amount of $100,000 - shall accompany a vendor's proposal. 9. UNIT PRICES-If there is a discrepancy between unit prices and the extended price, unit prices shall prevail. 10. PREFERENCE POINTS-The City of Shakopee does not give preference points to any proposer for any reason including local vendors, veterans, minority or women business enterprises. The request for Equal Employment Opportunity information is for tracking purposes only. 11. INSURANCE-The Contractor shall furnish - prior to commencement of any work under this contract - cerdficate(s) of insurance showing insurance coverage as follows: (A) Workers' Compensation Insurance - Covering all persons engaged in work under this contract to the full statutory limits stipulated in the Minnesota Workmen's Compensation Law. (B) Commercial Liability Insurance - Including premises and operations with the following minimum limits: Bodily Injury $1,000,000 /each occurrence $ 2,000,000 aggregate Property Damage $ 500,000 /each occurrence $ 1,000,000 aggregate (C) Commercial Vehicle Liability Insurance - Including owned, non -owned and hired motor vehicles. 4 City of Shakopee — Request for Proposal (RFP) Residential Refuse, Bulk Waste, Recycling and Compost Collection and Disposal Bodily Injury $1,000,000 /each occurrence $ 5,000,000 aggregate Property Damage $ 500,000 /each occurrence $ 2,000,000 aggregate (D) Umbrella Coverage for any and all liability claims against the contractor exceeding the limits expressed above. Umbrella Coverage $10,000,000 The insurance and certificates shall otherwise conform to the General Specifications for insurance under the contract. 12. QUALIEFICATIONS OF PROPOSAL- Proposal will be considered only from responsible organizations or individuals now or recently engaged in the performance of public service contracts comparable to those described in the attached specifications. In order to determine qualifications, each proposer will be required to complete the Proposers Questionnaire included with this proposal. Failure to do so may result in the proposal being rejected as non - responsive. 13. CONTRACT PERIOD/RENEWALS-The term of the contract shall be for a base period of five (5) years commencing on February 15, 2001 and expiring on February 15, 2006. The City may opt to renew this contract for up to two (2) one -year periods as discussed in the specifications. 14. AWARD CRITERIA-The contract will be awarded to the responsible proposer submitting the proposal for the lowest overall cost for the five -year base contract period. The following criteria will be used to determine the responsibility of a proposer: • Responsiveness to Invitation for Proposal specifications. • Qualifications of proposer. • Qualifications and experience of the staff to be assigned to the project • References, including performance history on other contracts held with the City • Demonstrated capability - including financial condition - to perform the type of work requested • Understanding of prc j ect requirements It is the City's intention to award all of the services covered under this contract to one company. 15. INSPECTION OF CITY-All proposers shall tour the City and familiarize themselves with the work contemplated in the contract. Submission of a proposer shall be deemed conclusive evidence that such a tour has been made by each proposer and shall constitute a waiver by each of all claims of error in proposal, withdrawal of proposal, or payment of extras, or 5 City of Shakopee — Request for Proposal (RFP) Residential Refuse, Bulk Waste, Recycling and Compost Collection and Disposal combination thereof, under the executed contract, or any revision thereof. All proposers shall also familiarize themselves with the background materials set forth on the list of attachments. 16. ADDITIONS TO AND DELETIONS FROM THE SCOPE OF SERVICES -The City may, at its own option, add services to or delete services from the work provided by this contract as may serve its best interest. The resulting increase or decrease to the Contractor's monthly payments will be negotiated between the two parties. This section does not apply to changes in recycling volume due to expansion of the number of households in the City, growth in participation, or any other reason. 17. CONTRACT-The City and Proposer receiving the award shall enter into a contract incorporating the proposal documents, the definitions, general and special conditions, and specifications to follow. Col City of Shakopee — Request for Proposal (RFP) Residential Refuse, Bulk Waste, Recycling and Compost Collection and Disposal 11 1, Please indicate a price per ton for weekly pickup (once per household per week for both household refuse and household bulk waste) for each option as indicated in the RFP Options on the first page of the proposal. -A. RECYCLING SERVICES-Co-Mingled Products (Alum, Glass, Plastic, Metal) Please indicate price per ton. Services include curbside and alley collection as described elsewhere in this specification for each option as indicated in the RFP Options on the first page of the proposal. Expected Monthly Expected Annual Household Unit Year Rate Per Ton X Estimated Volume = Cost Cost 2001 $ X TONS = $ $ 2002 $ X TONS = $ $ 2003 $ X TONS = $ $ 2004 $ X TONS = $ $ 2005 $ X I TONS = $ $ -A. RECYCLING SERVICES-Co-Mingled Products (Alum, Glass, Plastic, Metal) Please indicate price per ton. Services include curbside and alley collection as described elsewhere in this specification for each option as indicated in the RFP Options on the first page of the proposal. 7 Expected Monthly Expected Annual Household Unit Year Rate Per Ton X Estimated Volume = Cost Cost 2001 $ X TONS = $ $ 2002 $ X TONS = $ $ 2003 $ X TONS = $ $ 2004 $ X TONS = $ $ 2005 $ X I TONS = $ Is 7 City of Shakopee — Request for Proposal (RFP) Residential Refuse, Bulk waste, Recycling and Compost Collection and Disposal Please indicate price per ton. Services include curbside and alley collection as described elsewhere in this specification for each option as indicated in the RFP Options on the first page of the proposal. Please indicate price per ton. Services include curbside and alley collection as described elsewhere in this specification for each option as indicated in the RFP Options on the first page of the proposal. Expected Monthly Expected Annual Household Unit Year Rate Per Ton X Estimated Volume = Cost Cost 2001 $ X TONS = $ $ 2002 $ X TONS = $ $ 2003 $ X TONS = $ $ 2004 $ X TONS = $ $ 2005 $ X TONS = $ $ Please indicate price per ton. Services include curbside and alley collection as described elsewhere in this specification for each option as indicated in the RFP Options on the first page of the proposal. 8 Expected Monthly Expected Annual Household Unit Year Rate Per Ton X Estimated Volume = Cost Cost 2001 $ X TONS = $ $ 2002 $ X TONS = $ $ 2003 $ X TONS = $ $ 2004 $ X TONS = $ $ 2005 $ X TONS = $ $ 8 City of Shakopee — Request for Proposal (RFP) Residential Refuse, Bulk Waste, Recycling and Compost Collection and Disposal IMITUT I hereby state that all of the information I have provided is true, accurate and complete. I hereby state that I have the authority to submit this proposal, which will become a binding contract if accepted by the City of Shakopee. I hereby state that I have not communicated with nor otherwise colluded with any other proposer, nor have I made any agreement with nor offered/accepted anything of value to /from an official or employee of the City of Shakopee that would tend to destroy or hinder free competition. I hereby state that I have read and agree to be bound by all the terms of this proposal document. (Type) ADDRESS: (Street address) (City) (State) (Zip) ."I W V. P OPOSEW S QUESTION —please bold answer(s) or type inappropriate answer(s). Failure to provide the information requested may be cause for rejection of proposal as non - responsive. 1. EQUIPMENT On a separate sheet, list all equipment, including make, model, capacity and gross weight for each, to be used in the execution of this contract. 2. ENTLOYEES A. How many permanent employees do you propose to use under this contract? B. Do you intend to employ additional employees for this work? YES NO If yes, how many? C. Please list the appropriate contact people with your firm that will be assigned to execute this contract. During Regular Business Hours: Name: Title: Phone: E -mail: Name: Title: Phone: E -mail: Name: Title: Phone: E -mail: During Weekend Hours: Name: Title: Phone: E -mail: City of Shakopee RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste Name: Phone: Title: E-mail: Name: Title: Phone: E -mail: 3, REFERENCES List other governmental agencies, along with contact person(s) and telephone number(s) that are currently serviced or have been serviced by your firm for this type of service. Ag Contact Phone 5. Please attach a copy of your firm's most recent financial report. 6. Individual completing questionnaire: (Print name 7. Phone: 8. E -Mail: 11 City of Shakopee RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste MEE All proposers seeking to do business with the City of Shakopee are required to submit with any formal proposal, sealed proposal the following documents: 1. Equal Employment Opportunity Affirmative Action Plan Statement of Policy. 2. The Statement of Non - Compliance and Certificate of Non - Segregated Facilities. 3. The Contractor or Vendor Workforce Data Form listing all current employees, by classification, directly employed by the bidder. 4. Your State of Minnesota Pre - Qualification Certification Number, issued by the State Fair Employment Practices Commission, entered in the place provided therefore. If you do not yet have State Pre - Qualification (item #4), you may, in lieu thereof, enter in the place provided on Page 6 of the EEO forms, your commitment to make application therefore within 30 days from the date of bid opening. Any proposal which fails to include the four items listed above with your sealed proposal will not be read and will not be considered. 12 City of Shakopee RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste • �;: �: It is the policy of this company, to provide equal employment opportunity without regard to race, religion, color, national origin, handicap, age or sex through a program of positive action affecting all employees. In this program, our company carries out the requirements of Federal Executive orders 1 1246 and 11375, Civil Rights Act of 1964, Equal Employment Act of 1972, and all other applicable laws, and indicates its active support of the principle of equal opportunity in employment. At present, % of our work force are minorities and % of our work force are females, and we will attempt to utilize minorities and females through a positive, continuing program in all jobs for which we contract in the future. is the official who will be responsible for implementing the above policy statement. will be designated as the Equal Opportunity Officer in our company, responsible for submission of all required equal employment opportunity documents. In addition, is hereby authorized to sign payrolls as well as our company's officers. (NOTE: If only officers will be authorized to sign payrolls, please fill in "No One" in this space.) Signature of an Officer Company Name 13 City of Shakopee —RFP Collection, processing and Disposal of Residential Refuse, Recyclables and Yard Waste If the equal employment opportunity officer determines that a contractor, subcontractor or proposer is not in compliance with the City equal opportunity policy, (also known as Resolution No. 5227 - City of Shakopee Equal Employment Policy), the equal employment officer shall issue and serve upon such person a written statement of noncompliance setting forth the manner in which it finds such person has violated this chapter, and imposing and/or requiring appropriate sanctions, including, but not limited to: a. Denying, suspending or revoking qualifications, or declaring the contractor or subcontractor irresponsible and ineligible for future contracts or subcontracts until such time as the contractor or subcontractor shall demonstrate to the equal employment opportunity hearing committee that it is in compliance; b. Withholding or delaying payment on the contractor or; c. Suspending, avoiding or canceling contract work. The proposer certifies that he /she does not maintain or provide for his/her employees any segregated facilities at any of his/her establishments, and that he /she does not permit his employees to perform their services at any location, under his/her control, where segregated facilities are maintained. The proposer agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this proposal. The proposal agrees that (except where he /she has obtained identical certification from proposed subcontractors for specific time periods) he /she will obtain identical certification from proposed subcontractors from the provisions of the Equal Opportunity clause, and that he /she will retain such certification in his/her files. Signed 14 City of Shakopee —RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste t, )•11,x. In regards to the Proposal Requirements for Equal Employment Opportunity and Affirmative Action, all forms must be completely filled out and signed or your proposal will not be considered or read. This especially applies to the "Contractor or Vendor Workforce Data Form ". The categories must all be filled out. They include: A. Job Classification; B. Males; C. Females; D. Racial. Proposals which fail to address any of these categories will not be considered and will not be read. Below are the Federal definitions of the following racial groups accepted as minorities by the City of Shakopee: Black A person having origins in any of the Black racial groups of Africa, not of Hispanic origin. Hispanic A person of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the Caribbean Islands, regardless of race. Asian A person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands. This area includes for example, China, Japan, Korea, the Philippine Republic and Samoa. American Indian or Alaskan Native A person having origins in any of the original peoples of North America. Falsification of any required Equal Employment Opportunity or Affirmative Action information on the part of the proposer could result in rejection of the proposal submitted or in the case where a contract has already been awarded, in the cancellation of said contract. Should you have any question regarding any affirmative action or EEO requirements, please contact the City Administrator. The four declarations required for compliance with the laws on Equal Employment Opportunity are attached hereto. Our Minnesota Department of Human Rights Number is 15 City of Shakopee RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste (We do not have an Minnesota Department of Human Rights Number. In lieu thereof we will make application for it within 30 days from the date of this bid opening. Place check/mark on line if applicable). Person, Firm or Corporation Authorized Signature Title 16 City of Shakopee RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard waste Certificate of Non - Barred Proposing The undersigned firm certifies that it is not barred from proposing on this contract as a result of a conviction for the violation of State laws prohibiting "bid" rigging or "bid" rotating. Person, Firm or Corporation Authorized Signature Title 17 City of Shakopee RFP Collection, Processing and Disposal of Residential Refine, Recyclables and Yard Waste CONDITIONS D • 1 I . DEFINITIONS .............................................................. ............................... H. GENERAL CONDITIONS 2.1 CONTRACTOR'S OBLIGATION .................... ............................... 2.2 TERM OF CONTRACT ..................................... ............................... 2.3 PAYMENT "OPTION 6" ................................... ............................... 2.4 PAYMENT "OPTION 5" ................................... ............................... 2.5 CONTRACTOR'S ACCIDENT PREVENTION .............................. 2.6 DAMAGE TO PROPERTY ............................... ............................... 2.7 INSPECTION ..................................................... ............................... 2.8 COMPLIANCE WITH LAWS, ORDINANCES AND REGULATIONS ................................................. ............................... 2.9 TAXES, LICENSES AND PERMITS ............... ............................... 2.10 INDEPENDENT CONTRACTOR ..................... ............................... 2.11 TITLE TO REFUSE, RECYCLABLES, AND YARD WASTE ...... 2.12 ASSIGNMENT AND SUBCONTRACTING .... ............................... 2.13 PERFORMANCE BOND ................................... ............................... 2.14 GENERAL INDEMNIFICATION ..................... ............................... 2.15 CERCLA INDENL TIFICATION ........................ ............................... 2.16 INSURANCE ...................................................... ............................... 21 23 24 24 24 25 26 26 26 27 27 27 28 28 29 29 29 IV City of Shakopee -RFP Collection, Processing and Disposal of Residential Refuse, Recyclablesund Yard Waste 2'17 DEFAULT AND TERMINATION ................................................... 2'I8 FORCE MAJEOGE ........................................................................... 2L19PENALITIES _______________________________________________ 2.20 N(]][1[ES---------'------------------------------------ 2.21 SEVERABILITY ............................................................................... 2.22 GOVERNING LAWANDl/ENUE ------------------------' 2.23 RIGHT TO REQUIRE PERFORMANCE ---------------.----' 2.24 OPTION T{}CHANGE AMENUOVlENlS----------' III. SPECIAL CONDITIONS 3'1 CUSTOMER SfIB[\/TCE--------------.------------.-.----- 3.2 EMPLOYEES AND CONDUCT ...................................................... 3.] \/EFI1CLEb ........................................................................................ 3.4 ROUTING AND COLLECTION SCHEDULE---------------- 3.5 HOLIDAY COLLECTION SCHEDULE ......................................... 3'6 HOURS AND STANDARDS ODF COLLECTION ........................... 3.7 CONTRACTOR 0ECORI}8---'--.-------------------------' 3'8 PlJt3L1C EDUCATION ..................................................................... IV. REFUSE COLLECTION AND DISPOSAL- SPECIFICATIONS 4'1 COLLECTION .................................................................................. 4.2 REFUSE T[)BII PROCESSED "OPTION }".................................. 4'3 PRICE AND PAYMENT .................................................................. 4.4 DISPOSAL AT DESIGNATED LANDFILL "OPTION 2 .. ............. 31 32 32 33 34 34 ]4 35 35 36 37 38 40 40 41 4} 42 42 43 43 ILI City of Shakopee RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste iff 43 5.1 COLLECTION ................................................... ............................... 5.2 CONTAINERS AND RECYCLABLES ............ ............................... 43 44 5.3 RECYCLABLE PROCESSING ......................... ............................... 45 5.4 COMPENSATION FOR SERVICES ................. ............................... VI. YARD WASTE COLLECTION AND PROCESSING 46 6 .1 COLLECTION ................................................... ............................... 6.2 PROCESSING OF YARD WASTE ................... ............................... 46 6 .3 PRICE AND PAYMENT ................................... ............................... 47 NUSCELLANEOUS SERVICES 7.1 NEIGHBORHOOD CLEANUP ......................... ............................... 47 iff City of Shakopee RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste 1 f / Words, phrases, or other expressions used in these contract documents shall have meanings as follows: 1.1 "Bulk Waste" items or bulky items or similar items shall include all items of Refuse that are too large to be normally containerized into a Container for Refuse such as mattress, bed spring, sofa or couch. Bulk waste shall not include any item containing Freon 12, Freon 22, or any chlorofluorocarbons, such as a refrigerator, freezer, dehumidifier or air conditioner, excepting if such an appliance has affixed a Freon free certification from a licensed refrigeration specialist. Bulk waste shall not include, non - containerized garbage, loose and scattered trash. Other materials as mutually agreed upon between the City and Contractor. 1.2 "City" shall mean the City of Shakopee, Minnesota a municipal corporation, acting through its duly appointed officers, employees, agents and representatives. 1.3 "City Council" shall mean the City Council of the city of Shakopee, Minnesota. 1.4 "Code of Ordinances" shall mean the City of Shakopee Code of Ordinances; inclusive of Section 3.15 of Shakopee City Code. 1.5 "Containers for Recyclables" shall mean a uniform container furnished by the Contractor, in which recyclable materials can be stored and later placed curbside for collection as specified by the City. 1.6 "Containers for Refuse" shall mean containers of heavy duty plastic cans which have a thirty (30) to ninety (90) gallon capacity and are equipped with a tight fitting lid, with a minimum strength of fifty (50) pounds. 1.7 "Contractor" shall mean the corporation, company, partnership, firm, or individual that is awarded the bid for Refuse, Recyclable and Yard Waste Collection and its, his/her, or their duly authorized representatives. 1.8 "Date of Contract," or equivalent words, shall mean the date written in the first paragraph of the Contract Agreement. 1.9 "Day" or "days," unless herein otherwise expressly defined, shall mean a calendar day or days of twenty -four hours each. 1.10 "Administrator" shall mean the City Administrator of the city of Shakopee, Minnesota or his/her duly authorized representative. 1.11 "Family Unit" shall mean any number of individuals living and cooking food together on the premises as a single housekeeping unit. 21 City of Shakopee RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste 1.12 "Finance Director" shall mean the Director of Finance of the City of Shakopee, Minnesota. 1.13 "Prohibited Waste" shall include any hazardous substance, hazardous waste, industrial process waste, commercial waste, building or demolition waste, hazardous hospital waste, yard waste, pollution control waste, potentially infectious medical waste, Special Wastes, and used oil, all as defined by Minnesota law from time to time. Prohibited waste shall also include Recyclables which are properly prepared and placed for collection as Recyclables. Other materials as mutually agreed upon between the City and Contractor. 1.14 "Recyclables" shall include but not be limited to, newspaper, magazines, home office paper, corrugated cardboard, chipboard, catalogs, wet strength carrier stock, aluminum cans, steel and bi -metal cans, all #2 HDPE containers, all #1 PET containers, green, brown, and clear glass bottles, brown kraft paper bags, frozen food paper packages, juice boxes, all #3 PVC plastics, all #4 LDPE plastics, all 45 polypropylene plastics, all #6 polystyrene plastics, and #7 plastics, formed steel and formed aluminum containers. Other materials as mutually agreed upon between the City and Contractor. 1.15 (a) "Refuse" means all discarded and unwanted putrescible and nonputrescible household and kitchen wastes, including, but not limited to, food, food residues, and materials necessarily used for packaging, storing, preparing, and consuming same, usually called "garbage "; and all combustible and non- combustible waste materials resulting from the routine of domestic housekeeping, including, but not limited to, aluminum and steel cans; glass containers; plastic containers; crockery and other containers; medical waste generated as general household waste, metal; paper of all types, including newspapers, books, magazines, and catalogs; boxes and cartons; cold ashes; furniture, furnishings, and fixtures; small household appliances of all kinds; textiles and leather; dead animals and animal waste; toys and recreational equipment; and similar items. Other materials as mutually agreed upon between the City and Contractor. (b) Refuse shall specifically exclude Prohibited Waste. (c) The terms "garbage," "rubbish," "solid waste," "trash," and "waste" are synonymous with Refuse unless otherwise more specifically defined (for example, "yard waste "). 1.16 "Residential Unit" shall mean buildings, include house trailers or mobile homes, used as living quarters for attached and detached Family Units which receive individual curbside refuse, recycling and yard waste collection within the designated City service area. A Residential Unit shall not include hotels, motels, boarding or lodging houses, or apartment buildings. 22 City of Shakopee —RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste The Administrator shall have the authority to determine the status of a building as a "Residential Unit." 1.18 "Special Wastes" shall mean all wastes, which are not defined as "domestic waste." "Special Wastes" shall include but not be limited to liquid wastes, hot ashes, construction and demolition wastes, industrial wastes, any items or containers which weigh over fifty (50) pounds, and wastes from business or commercial enterprises. Other materials as mutually agreed upon between the City and Contractor. 1.19 "Subcontractor" shall mean and refer only to a corporation, partnership, firm or individual having a direct contract with the Contractor for performing work in connection with this contract. 1.20 "Ton" shall mean a short ton of 2,000 pounds. 1.21 "Yard Waste" shall include all items that must be diverted from the landfill in order to comply with the requirements of Public Act and House Senate Bills PA- 1430 (SB- 1599), and PA -85 -1429 (IB- 3800). Those items include grass, leaves, pruning, twigs and branches. Yard Waste shall not include, garden waste, table scraps, putrescible waste or garbage, or tree limbs and stumps exceeding four (4) inches in diameter. Other materials as mutually agreed upon between the City and Contractor. A. In strict accordance with the terms of this Contract (including the General and Special Conditions and Specifications below) and at its sole cost and expense, the Contractor shall provide all of the labor, materials, necessary tools, expendable equipment, supplies, vehicles, transportation services, and recyclable processing and yard waste disposal arrangements required to perform and complete the collection and disposal of Refuse and Yard Waste and the collection and processing of Recyclables from Residential Units within the limits of the City and any territory hereinafter annexed. This Contract does not require the provision of landfill facilities or space. B. Any contracts between the Contractor and businesses, commercial operations, multi- family rental buildings in excess of four (4) units, institutions, schools, or industries and units of government or agencies thereof, shall include a provision that such contract shall not interfere with the terms and conditions set forth under this Contract. 23 City of Shakopee RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste C. The Contractor is strictly prohibited from mixing any waste from any City residential route with any commercially generated waste or waste from households outside the City limits. D. For informational purposes the City shall provide the Contractor the initial computerized listing of all those Residential Units within the City of Shakopee which are eligible for City contracted services. Those structures which are not eligible for City services shall not be collected. Said computerized list shall be maintained and updated by the Contractor in electronic format. The computerized listing shall be updated each calendar quarter shall be made available at no cost to the City. 2.2 TERM OF CONTRACT: A. This contract shall become effective on the 15 day of February, 2001, and shall remain in full force and effect through the 15th day of February, 2006. B. At the expiration of the initial contract term or any extension thereof, the City, at its sole discretion, may extend the contract for up to two (2) periods of one (1) year each at the bid price for the option years by delivering written notice of its intent to extend delivery to Contractor at least six (6) months prior to the expiration date of this contract. The proposal price for the option years shall be the proposal price for 2006 adjusted by the percentage increase in the consumer price index for all urban areas (CPI -U) from December 2005 to December 2006 for the first option year and from December 2006 to December 2007 for the second option year. 2.3 PAYMENT OPTION 1: A. Contractor shall submit a quarterly bill complete with documentation justifying the basis for the bill. B. Payment will be made on a quarterly basis within thirty (30) days after billing by the Contractor, or at the time of the City's next regular payment cycle. During the life of this Contract, the Finance Director shall issue an itemized statement of the sum due the Contractor for the previous month's work. Said itemized statement shall state the amount due the Contractor for his/her work. 2. After the issuance of said statement, the Finance Director shall deliver to the Contractor an amount equal to such statements, less any sum retained to cover any verified claims filed with the Finance Director, due to or 24 City of Shakopee —RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste arising out of the Contract; and also less any sums that may have been expended or retained. C. Thirty (30) days after the expiration of this contract, all moneys due the Contractor held by the City in excess of a sufficient sum retained to cover any claims or Liquidated Damages, verified or otherwise, filed with the Finance Director due to or arising out of this Contract, a sufficient sum to meet and discharge the claims of material, equipment, laborers and costs of action and sufficient sum to pay any bills due the City, shall be paid to the said Contractor. D. The Contractor shall pay all lawful bills rendered against him/her by the City of Shakopee. If the Contractor shall fail to pay such bill within thirty (30) days, the City may deduct the amount thereof from amounts due and owing the Contractor. • • • O, A. The Hauler will bill the single family dwellings which receive individual curbside pickup within the designated City service area for the services included in this contract in accordance with the charges approved and set by the City Council. B. The Hauler will bill each unit quarterly -at least every three months and no frequently than every month. The Hauler will be responsible for collecting all charges from each unit and may not hold the City responsible for any uncollectible charges. C. The Hauler may stop providing refuse and recycling services to any unit that has past -due charges of ninety (90) days or more until such time the unit submits payments to the Hauler. The Hauler will mail a past -due notice to all units with at least a past due balance of at least sixty (60) days prior to stopping service after ninety (90) days. A. The Contractor shall comply with the safety provisions of all applicable laws, regulations and building codes, including, without limitation, the installation and maintenance of safeguards on machinery and equipment, the elimination of hazards, and worker safety training. B. The Contractor shall exercise precaution at all times to protect the safety of persons and property. C. The Contractor shall immediately notify the City of any accident of any kind, which involves the general public or private or public property which occurs during the performance of this Agreement. 25 City of Shakopee RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste D. Upon City's request, the Contractor shall provide the City with a written report including the details of any such accident. �. ,� A. The Contractor shall take all necessary precautions to protect public and private property during the performance of this Agreement. B. Except for reasonable wear and tear, the Contractor shall repair or replace any private or public property, including, but not limited to waste receptacles, sod, mailboxes, or recycling bins, which are damaged by the Contractor. C. Such property shall be repaired or replaced, at no charge to the property owner, within forty -eight (48) hours with property of the same or equivalent value at the time of the damage. D. If the Contractor fails to repair or replace damaged property within forty -eight (48), the City may, but shall not be obligated to, repair or replace such damaged property, and the Contractor shall fully reimburse the City's for any of its reasonably incurred expenses. E. The Contractor shall reimburse the City for any such expenses within ten (10) days of receipt of the City's invoice. 2.7 INSPECTION: A. The City may appoint such Inspectors as it deems proper to inspect the work performed and Contractor's facilities for compliance with the contract documents. The Contractor shall furnish all reasonable assistance required by the Inspectors for the proper inspection of the work. B. Inspectors and other authorized representative of the City shall be free at all times to perform their duties. Any attempted intimidation of one of them by the Contractor or his/her employees shall be sufficient reason, if the City so decides, to terminate the contract. C. Such inspection shall not relieve the Contractor from any obligation to perform the work strictly in accordance with the contract. 2.8 COMPLIANCE WITH LAWS, ORDINANCES AND REGULATIONS: A. The Contractor shall be familiar with, observe and comply with all ordinances, laws, and regulations which in any manner affect those engaged or employed in the work, or the materials, facilities or equipment used in the proposed work, or which in any way affect the conduct of the work, and shall protect and indemnify 26 City of Shakopee —RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste the City and its officers and agents against any claim or liability arising from or based on any violation of same. B. If the Contractor shall discover any provision in the specifications or the contract which is contrary to or inconsistent with any law, ordinance or regulation, he /she shall forthwith report it to the Administrator in writing. C. Amendments to existing regulatory laws and ordinances and enactment of new laws and ordinances shall not serve as justification for the Contractor to terminate his/her obligations hereunder, unless said amendments make the completion of this contract impossible. 2.9 TAXES, LICENSES AND PERMITS: The Contractor shall pay all sales, use, property, income, and other taxes that are lawfully assessed against the City or Contractor in connection with the Contractor's facilities and the work included in this contract and shall obtain, maintain and pay for all licenses, permits, certificates of authority, and inspections required for the work during the term of the Contract. A. The Contractor shall be responsible for the complete supervision and control of his/her Subcontractors. Notice to the Contractor shall be considered notice to the Subcontractors. B. The Contractor is, and shall remain for all purposes, an independent contractor, and its officers, employees, agents, or consultants shall not be deemed employees of the City, nor shall they be entitled to any separate payment of salary, wages, or any employee benefits available to employees of the City. C. The Contractor shall be solely responsible for any salaries, wages, benefits, fees or other compensation which it may obligate itself to pay to any of its employees or consultants. Title to all refuse and landscape waste and all other incidents of ownership of the waste materials shall pass to the Contractor when such materials are placed into the collection vehicle. 27 City of Shakopee RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yazd Waste 2.12 ASSIGNMENT AND SUBCONTRACTING: A. The Contractor shall not assign or subcontract the work, or any part thereof, without the previous consent of the City Council, nor shall he /she assign, by power of attorney or otherwise, any of the money payable under this contract unless written consent of the City has been obtained. No right under this contract, nor claim for any money due or to become due hereunder shall be asserted against the City, or persons acting for the City, by reason of any so -called assignment of this contract or any part thereof, unless such assignment has been authorized by the consent of the City Council. B. In case the Contractor is permitted to assign moneys due or to become due under this contract, the instrument of assignment shall contain a clause subordinating the claim of the assignee to all prior liens for services rendered and materials supplied for the performance of the work and to any claims of the City arising out of or under this contract. C. Should any subcontractor fail to perform in a satisfactory manner the work undertaken by him/her, his/her subcontract should be immediately terminated by the Contractor upon written notice from the City. The Contractor shall be as fully responsible and accountable to the City for the acts and omissions of his/her subcontractors, and of persons either directly or indirectly employed by him/her, as he /she is for the acts and omissions of persons directly employed by him. Nothing contained in this contract shall create any contractual relation between any subcontractor and the City. The Contractor and his/her Surety alone shall be held responsible for the full and faithful performance of this contract. 2.13 PERFORMANCE BOND: A. The Contractor shall provide a joint and several performance bond to the City of Shakopee to protect said City, and also to protect anyone who may perform or cause to be performed any work or labor, or furnish or cause to be furnished any skill, labor, equipment, or material in the execution of such contract, which bond shall be signed by the Contractor and a surety company as surety, and shall be in an amount equal to four million dollars ($4,000,000.00). The bond shall at all times be kept in full force and effect; said surety company shall have a Best Insurance Rating of A or better and a letter so stating shall accompany any proposal forms. B. The condition of which bond shall be that the Contractor shall fully and faithfully perform all provisions of the contract and the specifications and shall pay all laborers, mechanics and subcontractors and material men, and all persons who shall supply such person or persons, or subcontractors with provisions and supplies for the performance of the contract; provided that the bond shall not be 28 City of Shakopee —RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste security for money loaned or advanced to the Contractor, subcontractor or other person in the performance of the contract. C. A performance bond continuation certificate shall be delivered to the City at least thirty (30) days before the expiration of the bond. Failure to provide a continuation certificate thirty (30) days before expiration of the bond shall constitute default on the part of the Contractor and shall be sufficient grounds for immediate termination of the contract by the City. A. The Contractor shall indemnify, keep and save harmless the City and its respective officers, agents and employees against all suits or claims that may be based upon any injury or damage to persons or property that may occur, or that may be alleged to have occurred, in the course of the performance of this contract by the Contractor, or as a result of the performance of this contract by the Contractor, whether or not it shall be claimed that the injury was caused through a negligent act or omission of the Contractor or his/her employees, or his/her subcontractors or his/her or their agents or in connection with any claim based on lawful demands of subcontractor, work person, suppliers; and whether or not the persons injured or whose property was damaged were third parties, employees or the Contractor or employees of an authorized subcontractor; and the Contractor shall at his/her own expense defend the City in all litigation, pay all attorneys' fees and all costs and other expenses arising out of the litigation or claim or incurred in connection therewith; and shall, at his/her own expense, satisfy and cause to be discharged such judgments as may be obtained against the City, or any of its officers, agents or employees. B. When requested by the City, the Contractor shall submit satisfactory evidence that all persons, firms or corporations who have done work or furnished supplies under this contract, for which the City may become liable under the laws of the State of Minnesota, have been fully paid or satisfactorily secured. In case such evidence is not furnished or is not satisfactory, an amount may be retained from money due the Contractor which will be sufficient, in the opinion of the City, to meet all claims of the persons, firms, and corporations as aforesaid. Such sum shall be retained until the liabilities as aforesaid are fully discharged or satisfactorily secured. The Contractor shall, to the maximum extent permitted by law, indemnify, defined. and hold harmless the City, its officers, employees, agents, and attorneys from and against any and all liability, including, without limitation, costs of response, removal, remediation, investigation, property damage, person injury, damage to natural resources, health assessments, health settlements, attorneys NE City of Shakopee RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste fees, and other related transaction costs arising under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, 42 U.S.C.A. Sec. 9601, et seq., as amended from time to time, and all other applicable statutes, regulations, ordinances, and under common law, for any release or threatened release of hazardous waste or hazardous substances within any waste material which is: (1) improperly collected by the Contractor, or (2) not delivered to the Landfill or, (3) in the case of Recyclables or Yard Waste, not properly handled or processed by the Contractor in violation of this Contract. 2.16 INSURANCE: A. The Contractor shall fiunish prior to commencement of any work under this Contract certificate(s) of insurance providing insurance coverage as follows: (1) Workers' Compensation Insurance - Covering all persons engaged in work under this Contract to the full statutory limits stipulated in the Minnesota Workmen's Compensation Law. (2) Commercial Liability Insurance - Including premises and operations with the following minimum limits: Bodily Injury $1,000,000 /each occurrence $2,000,000 aggregate Property Damage $500,000 /each occurrence $1,000,000 aggregate (3) Commercial Vehicle Liability Insurance - Including owned, non -owned and hired motor vehicles. Bodily Injury $1,000,000 /each occurrence $5,000,000 aggregate Property Damage $500,000 /each occurrence $2,000,000 aggregate (4) Umbrella Coverage for any and all liability claims against the Contractor exceeding the limits expressed above. Umbrella Coverage $10,000,000 The above requirements should not be interpreted to limit the liability of the Contractor under this Contract. B. All insurers shall be either licensed or authorized to do business in the State of Minnesota and carry a Best rating of B+ or greater. fug City of Shakopee RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste C. This coverage shall protect the Contractor, its employees, agents, representatives and subcontractors against claims arising out of the work performed. The City of Shakopee, its agents and employees shall be included as additionally insured with respect to all liability policies herein. D. A thirty (30) day cancellation clause with notice to the City of Shakopee shall be included; words modifying the cancellation clause such as "endeavor to" provide notice will be unacceptable and must be stricken. E. It shall be the Contractor's responsibility to provide similar insurance for each subcontractor or to provide evidence that each subcontractor carries such insurance in like amount prior to the time such subcontractor proceeds to perform under the Contract. 2.17 DEFAULT AND TERMINATION: A. If the work to be done under this contract is abandoned by the Contractor; or if this contract is assigned by him/her without the written consent of the City Council; or if the Contractor voluntarily files for bankruptcy or is adjudged bankrupt; or if a general assignment of his assets is made for the benefit of his creditors; or if a receiver is appointed for the Contractor or any of his/her property; or if at any time the City determines that the performance of the work under this contract is being unnecessarily delayed or that the Contractor is violating any of the conditions of this contract, or that he /she is executing the same in bad faith or otherwise not in accordance with the terms of said contract, then the City may serve written notice upon the Contractor and his/her Surety of the City's intention to terminate this contract. B. Unless within five (5) days after the serving of such notice, a satisfactory arrangement is made for continuance, this contract shall terminate and the City may take over and prosecute the work to completion, by contract or otherwise. C. In the event of default or nonperformance on the part of the Contractor, the Contractor and its Surety shall be liable to the City for all excess cost sustained by the City by reason of the City. In the event the City complete the contract as a lesser cost than would have been payable to the Contractor under the contract, if the same had been fulfilled by said Contractor, then the City shall retain such difference. Should such costs to the City be greater, the Contractor and its Surety shall be liable for any pay the amount of such excess to the City. D. In the event of Contractor's default under the terms of this contract, all payments due the Contractor shall be retained by the City and applied to the completion of the contract and to damages suffered and expense incurred by the City by reason of such default, unless the Surety on the performance bond shall assume the contract, in which event all payments remaining due the Contractor at the time of 31 City of Shakopee —RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste default, less amounts due the City from the Contractor and less all sums due the City for damages suffered and expense incurred by reason of such default shall be due and payable to such Surety. Thereafter, such Surety shall receive monthly payments equal to those that would have been paid the Contractor had such Contractor continued to perform the contract. A. Whenever a period of time is provided for in this Agreement for either the City or the Contractor are to do or perform any act or obligation, neither parry shall be liable for any delays or inability to perform due to causes beyond the control of said parry such as war, riot, unavoidable casualty or damage to personnel, materials or equipment, fire, flood, storm, earthquake, tornado or any act of God, but not strike or lockout. B. The time period for the performance in question shall be extended for only the actual amount of time said party is so delayed. 2.19 PENALTIES: A. The Administrator and his/her designee shall notify the Contractor for each violation of the Contract, reported to or discovered by him/her or the City. It shall be the duty of the Contractor to take whatever steps may be necessary to remedy the cause of the complaint and notify in writing the City of its disposition within twenty -four (24) hours after receipt of complaint. B. The following acts or omissions shall be considered a breach of the Contract and for the purpose of computing damages under these provisions. 1) Failure to clean up solid waste spilled by Contractor within two (2) hours of oral or written notification ---------------------------- $50.00 each instance. 2) Failure to clean vehicle, conveyance, containers, docks, shops, yards, and other equipment as provided for in the specifications--------- - - - - -- $100.0 each instance. 3) Failure to maintain vehicle in manner which prevents nuisances such as leaky seals or hydraulics ------ -------------------------- $100.00 each instance. 4) Failure or neglect to collect solid waste, yard waste and recycling at those times as provided by this Contract within twenty -four (24) hours from notice by the City, either oral or written ---------------- $50.00 each instance. 5) Failure or neglect to provide notice to resident upon solid waste refused for collection for cause ---- ----- ---------------------- -- -- $25.00 each instance. 32 City of Shakopee RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste 6) Failure to return containers to original location and/or replace lids per specifications at the time the container is emptied - - -- $50.00 each instance. 7) in addition to above, failure or neglect to correct chronic problems will be considered a breach of Contract ------------------ — ----- $50.00 each instance. Chronic problems shall be construed to be three or more occurrences of the items (1), (3) or (4) immediately above) at the same address within any period of 6 consecutive months whether or not remedied within twenty - four (24) hours, or four (4) hours in the case of spilled solid waste. 8) Use of equipment specially identified for work under the contract, (paint/decal), for collection or transportation of materials generated from locations or customers not specified for service under this contract. Each day for which a violation continues shall be deemed to be a separate instance of the violation --------- --- ------------------ $1000.00 each instance. 9) Collection of Recyclables, which are properly prepared and placed for collection as Recyclables, as part of Defuse collection -425.00 each instance. 10) Missing entire blocks /neighborhood. A missed block is defined as a block where residents from at least three (3) households within two intersections of that block or cul -de -sac report that their material was out before 7:00 am, the material was not picked up and the addresses did not appear on the records as unacceptable setouts ------------ $250 each instance. 11) District -wide collection not completed. The failure to complete a majority (50% or more) of pickups within the City or collection district on the scheduled collection day without following proper notification procedure ---------------------------------------------------- — $2,500 per instance. D. Hauler must maintain a minimum cash balance deposit of $10,000 with the City to be used for payment of any penalty. 2.20 NOTICES: A. Any notice or demand required or permitted to be given or made there under shall be sufficiently given or made by facsimile, e-mail, messenger delivery, overnight delivery, or certified mail in a sealed envelope, postage prepaid, addressed as follows: City of Shakopee Management Assistant 33 City of Shakopee —RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste 129 South Holmes Street Shakopee, MN 55337 E -mail: tcoenen @ci.shakopee.mn.us B. Either party may change the address to which notices may be sent by furnishing written notice of such change to the other party. C. Notice delivered by messenger, overnight delivery, facsimile, or e-mail shall be deemed received upon delivery. Notice delivered by mail shall be deemed to have been given as of the date of the U.S.P.S. postmark. 2.21 SEVERABILITY: If any of the provisions of this Contract are determined by a court of competent jurisdiction to be invalid, such provisions shall be deemed to be stricken, and such adjudication shall not affect the validity of the remainder of the terms of this Contract as a whole or of any section, subsection, sentence or clause not adjudged to be invalid so long as the material purposes of this Contract can be determined and effectuated. 2.22 GOVERNING LAW AND VENUE: A. This Contract shall be governed by the laws of the State of Minnesota. B. Venue for any action taken by either the City or the Contractor, whether in law or in equity, to enforce the terms of this Contract shall be in the Circuit Court of the Judicial Circuit, Scott County, Minnesota, and the Contractor hereby waives whatever rights it may have in the selection of venue. 2.23 RIGHT TO REQUIRE PERFORMANCE: A. The City's failure at any time to require performance by the Contractor of any of the specifications in this Contract shall in no way affect the right of the City thereafter to enforce same. B. No waiver by the City of any breach of specifications in this Contract shall be taken or held to be a waiver of any succeeding breach of such specifications in this Contract, nor shall such a waiver of a single breach be taken or held to be a waiver of any specification itself. 34 City of Shakopee —RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste 1 9 M I l I' A. The City shall have the option to change the service provided during the term of this Contract, including, without limitation, changing the types of material collected, the method of handling, collecting, or disposing of the collected waste. B. The City shall exercise such option by serving written notice to the Contractor at its designated place of business at least ninety (90) days before the date such service change is contemplated to begin. C. Immediately after written notice is served, the parties shall enter into good faith negotiations concerning the terms, frequency, and the details of pricing the services that are provided. D. Any modification or amendments to this Agreement shall be in writing and shall be signed by the parties. A. The Contractor shall establish and maintain a Shakopee phone number to which the public and City personnel may call or send inquiries and complaints, and from which the public and City personnel may receive information and instructions. B. The Contractor shall provide the Administrator with information concerning the location, telephone number(s) and mailing addresses of the customer service office established above, the garage and maintenance facilities, the recycling processing facilities, and any other facility that will be used in the provision of services under this Contract. C. The Contractor shall provide the Administrator with information concerning the Contractor's designated person(s) for the purposes of obtaining instructions, answering inquiries, and resolving complaints. Such persons shall be available to discuss, and if necessary meet with City personnel to resolve problems D. The Contractor shall provide the City with at least one telephone number which may be used by City personnel to communicate with the Contractor after regular business hours or during an emergency. E. The Contractor shall equip such office with a sufficient number of telephones and personnel to accommodate the residents' inquiries, and shall provide management personnel to supervise such office during collection hours. 35 City of Shakopee —RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste F. Except as otherwise directed by the City, customer service shall be available at least between the hours of 7:30 a.m. and 5:00 p.m., Monday through Friday, except during holidays. G. The Contractor shall provide a single local or toll-free telephone number and a facsimile number for customer use. The City may publicize the Contractor's customer service telephone number(s). H. The Contractor shall take out an advertisement in the next telephone book published, City -wide telephone book, which advertisement shall list the Contractor's name, office address, and telephone number. I. Upon reasonable notice, and during regular business hours, the City shall have the right to visit and inspect any of the Contractor's facilities used to provide services pursuant to this Agreement. 3.2 EMPLOYEES AND CONDUCT: A. The Contractor shall use care and diligence in the performance of this Agreement shall perform all collection and disposal services required by this Agreement in a neat, orderly, and efficient manner. B. The Contractor shall provide neat, orderly, and courteous personnel for its collection crews and shall provide courteous and knowledgeable personnel for its customer service office. C. The Contractor shall prohibit its drivers and crew members from drinking alcoholic beverages or using any controlled substance, except pursuant to a doctor's prescription, while on duty, or in the course of performing their duties under this Agreement. D. If the City determines that any of the Contractor's employees is unfit or unsuitable to perform the services under this Agreement as a result of intoxication, drug use, or by virtue of abusive or obnoxious behavior, then, upon the City's written request, the Contractor shall_ remove such employee from work within the City and furnish a suitable and competent replacement employee. E. All of the Contractor's permanent collection employees working within the City shall be required to wear a work uniform including a shirt or jacket clearly indicating that the employee is employed by the Contractor. F. All of the Contractor's vehicle operators working within the City shall carry valid Minnesota state driver's licenses for the class of vehicle operated. Such vehicle operators shall obey all traffic regulations, including weight and speed limits. 36 City of Shakopee —RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste G. Neither the Contractor nor his/her employees nor any subcontractor, nor any agent, shall request or accept any gratuities from any persons, firms or corporations for services required to be performed under this Contract. 3.3 VEHICLES A. All vehicles and equipment used in the performance of this Contract, shall be wholly owned by the Contractor; provided, leasing or rental agreements or conditional sales contracts may be allowed where approved by the City, in writing, prior to execution of this Contract. The vehicles and equipment to be used in performance of this Contract shall be submitted with the bid and are made part of this Contract by reference. B. No further encumbrance shall be placed upon any of such equipment without the approval of the City, save that the Contractor may, without consent, mortgage or otherwise encumber said vehicles, equipment and facilities for the purpose of enabling the Contractor to replace the same or add thereof. C. Collection and transportation equipment utilized for collection of refuse, recyclable and yard waste under this Contract shall be dedicated to this program and shall not be utilized for collection and transportation of any other waste material. Only collection and transportation equipment specifically dedicated shall be utilized to provide service under this contract. All dedicated equipment shall be distinctively identified as contracted to the City of Shakopee. Such marking shall be in a contrasting color painted or placed with a decal, the specific wording and positioning shall be approved by the Administrator. In the event of some unforeseen emergency when it becomes necessary for the Contractor to use non - designated hauling collection and transportation equipment for collection of refuse, recyclables, and/or yard waste under this Contract, the Contractor will inform the Administrator of the identity of the non - designated equipment used, the route it will take, the time which it will operate, the equipment it will be replacing and the reason non - designated equipment is being used. The Contractor shall immediately submit a written report containing the aforementioned information to the Administrator. B. All City of Shakopee dedicated collection and transportation equipment shall be numbered consecutively and shall have the Contractor's name and telephone number painted in letters of contrasting color, at least four inches high, on each side of each vehicle, and the number painted on the rear. No advertising on collection and transportation equipment shall be permitted other than the name of the Contractor. Paint colors, numbering and any markings of the equipment shall have the approval of the City. 37 City of Shakopee RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste E. All collection and transportation equipment used by the Contractor shall be kept in a clean and sanitary condition and shall be flushed or swept out Such flushing or sweeping shall be conducted so that none of the material from the equipment is deposited in other than a sump or pit on the landfill or other place approved by the Administrator. All collection and transportation equipment shall be steam cleaned, inside and out, at least once each week, and shall be repainted at least every two and one -half (2 1/2) years. F. All of the Contractor's vehicles operated within the City shall be fully enclosed, leak -proof vehicles, operated so that no refuse or landscape waste leaks, spills, or blows off the vehicles. Drain plugs, if available, shall be kept sealed, except during collections in rainy weather. G. Contractor must provide City with a price structure for both rear end loading trucks for refuse pickup as well as front loading trucks. 3.4 ROUTING AND COLLECTION SCHEDULE: A. The City shall be divided into routes for the purpose of collecting Refuse, Recyclables, and Yard Waste. Each route shall be scheduled to receive all collection services on the same day. All collection services shall be provided once per week, Monday through Friday, year round to all designated Residential Units within the City's corporate limits. Yard Waste collection shall be provided at least once per week, Monday through Friday, from approximately March 1 until December 31. B. Prior to December 15, 2000, the Contractor shall submit a proposed collection route map indicating the areas in the City that will be collected for each day of the week for approval by the City. The proposed routes shall be designed to minimiz the changes to the existing route system and assure geographic continuity. The City shall approve the map, or reject the map with reasons for rejection as soon as practicable after it has received the map. If rejected the Contractor shall then submit a new map for acceptance or comment as soon as practicable. This process shall continue until an acceptable map is submitted, but no later than February 1, 2001. C. The Contractor may propose an independent route schedule for areas of the City with frequent alley collection. The proposed routes should minimize as much as practical disruption to the existing route system and optimize geographic continuity throughout the City. The intent of second tier of collection zones is to allow the Contractor to provide collection in the alleys in the most cost effective manner. The City shall approve the routes submitted, or may suggest amendments thereto prior to approval under the process set forth in (B) above. City of Shakopee —RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste D. Upon approval of the routes, the Contractor shall at a minim chose a full page map to be published in the Shakopee Valley News two times during the month of February, 2001. The map shall delineate the collection routes. General information about the service shall accompany the map. In addition the Contractor shall provide the City with color map(s) delineating the collection routes that can be copied and distributed to the public on an 8 1/2 x 11 inch format. E. The Contractor may, from time to time, submit its written request to amend the approved schedule. 1) Such a request shall include a proposal for specific changes, together with a detailed explanation concerning the reasons for changing the sector boundaries or collection schedule. 2) In its sole discretion, the City may grant or deny the Contractor's request to change the sector boundaries or collection schedule for any or all areas served by the Contractor under this Agreement. 3) Any change of the sector boundaries or the collection schedule shall be approved by the City at least sixty (60) days before such changes may become effective. 4) If the City approves any change of the sector boundaries or the collection schedule, the Contractor shall design, print and distribute a written letter to each household effected by the changes to explain the reasons for the changes and the date on which the change will be come effective. The content and distribution of any such letter shall be subject to the City's prior written approval. 5) Such letter of explanation shall be distributed by the Contractor to arrive at each resident's house at least two (2) weeks prior to the effective date of any service changes. 6) During the first week following any City- approved change in the collection schedule, the Contractor shall operate its collection vehicles on the previous collection schedule in addition to the new schedule. 7) During the second and third week following any City- approved change in the collection schedule, the Contractor shall immediately respond to complaints concerning missed collections from residents who are confused by the new schedule if such residents will have to wait longer than two days for collection. M City of Shakopee —RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste 3.5 HOLIDAY COLLECTION SCHEDULE: When a holiday falls on a collection day for any given route, the refuse will be collected on the following day. Each subsequent collection day will be delayed one (1) day until the end of the week in which the holiday fell. For the purpose of the contract the following are recognized holidays: New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day A. The Contractor shall not begin its collection operations within the City before 7:00 a.m. B. The Contractor shall furnish sufficient numbers of vehicles and personnel to perform the services required by this Agreement without respect to adverse conditions, breakdowns, strikes, or similar hindrances. C. The Contractor's crew shall perform collection services with as little noise, disturbance, and disruption to the City's residents as possible. D. The Contractor shall collect all properly prepared Refuse, Recyclables, Yard Waste from the designated collection point. The Contractor is not required to collect any items that are not properly prepared. Proper preparation is specified for each collection service below. E. Residents shall place disposal units within five (5) feet to the curb (or in those areas on alley routes or without curbs, close to the edge of the pavement), to facilitate collection by the Contractor. The Contractor shall not be required to collect any material not properly placed. F. The Contractor shall replace lids, return all empty containers at each stop to the general location at which they were found. Empty containers shall not be placed in the middle of driveways, in driveway aprons, or near the curb in a manner that will increase the likelihood that an empty container will block a driveway or sidewalk or fall or roll into the street. G. The Contractor shall handle all containers with reasonable care to avoid damage and spills. Where collection crews break or spill any item of waste onto parkways, premises, curb- and - gutter, or streets, the crews shall immediately clean W City of Shakopee RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste up the debris in a workmanlike manner. A broom and shovel shall be required as standard equipment on each vehicle. H. The Contractor shall not be responsible for collecting or cleaning up refuse, Recyclable, or landscape waste litter that has blown, fallen, leaked or been scattered from bags, cans, bins, or other containers through no fault of the Contractor. I. The City shall enact and reasonably enforce all ordinances, which may be necessary to achieve compliance with the requirements of this Section by anyone within the City, including residents. The Contractor shall maintain, separate from all other records and accounts, complete records and an accurate ledger of accounts of all revenues and expenses relating to the Refuse, Recyclable and Yard Waste disposal system and any associated waste reclamation operations. Contractor shall also report to the City the tonnage of Refuse, Yard Waste, Recyclables collected by category as required by the City. Said records and accounts shall at all reasonable times be open to inspection by the City and its agents. e A. During the term of this Contract, the Contractor shall use a City approved notice to inform residents of any and all reasons why the Contractor may not have collected all waste material placed the curb. B. The notice shall be designed and printed by the Contractor and shall indicate the reason waste material was not collected. The notice shall include the name and telephone number of the Contractor. The notice may have a check -off format listing the most common mistakes in preparing waste material for collection. The notice shall be designed to attach to the uncollected waste material in a visible manner (adhesive back, tie -on tag, etc.). C. The Contractor shall cooperate in educational activities to promote citizen awareness of the residential solid waste and recycling, composting program(s), including, but not limited to facility tours, quarterly newsletters and participation in special events. m City of Shakopee —RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste IV. REFUSE COLLECTION 1 DISPOSAL OSPECIFICATIONS 4.1 COLLECTION: A. The Contractor shall collect all Refuse which is properly placed in Containers for Refuse from all Residential Collection Units. The quantity of Refuse or number of Containers for Refuse are not to be limited. B. The Contractor shall also collect as Bulk Waste as part of the regular Refuse Collection on the same collection day as other Refuse. C. Contractor shall not collect those items or materials specifically excluded from collection under the Code of Ordinances as Prohibited Wastes. D. Contactor shall provide all single family units with individual curbside pickup within the designated City service area with a new refuse container on or before February 15, 2001. E. The Hauler shall provide service as necessary for the collection and disposal of solid waste from all City owned or leased facilities and parks at no cost to the City of Shakopee. 4.2 REFUSE TO BE PROCESSED — "OPTION 1 A. The Contractor shall transport the collected Refuse to a Minnesota processing facility. B. The trucks shall be weighed, including the truck operator, when each load is delivered to the sanitary landfill (the gross weight) upon State certified scales furnished by the Landfill operator. Each truck, including the truck operator, will be weighed after the load has been dumped (the tare weight) in order to determine the net weight of the dumped load. No average empty weight shall be utilized in calculating the net weight. C. The City's contract for Refuse disposal a Minnesota processing facility is effective for the entire initial term of this Contract. If for any reason the processing facility cannot or will not accept the Refuse of the city, the City may direct the Contractor to dispose of Refuse at another site. In that event, the price of the Contractor's services for Refuse collection and disposal shall be renegotiated to reflect any increase or decrease in costs related to the difference in distance between the processing facility and any other site designated by the City. D. The Contractor shall not dispose of Refuse in any other landfill or waste disposal facility or operate any transfer station without the consent of the City. 42 City of Shakopee —RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste •• �,' Weight tickets shall be maintained showing the route number or specific area from which the waste was collected and shall be signed by the driver of the equipment. The Contractor shall submit monthly invoices for the material handled in the preceding month, and will be paid the accepted proposal price per ton. •• . • •• • A. The Contractor shall transport the collected Refuse to a landfill mutually agreed between the Contractor and the City. B. The trucks shall be weighed, including the truck operator, when each load is delivered to the sanitary landfill (the gross weight) upon State certified scales furnished by the Landfill operator. Each truck, including the truck operator, will be weighed after the load has been dumped (the tare weight) in order to determine the net weight of the dumped load. No average empty weight shall be utilized in calculating the net weight. C. The City's contract for Refuse disposal at the Landfill is effective for the entire initial term of this Contract. If for any reason the Landfill cannot or will not accept the Refuse of the city, the City may direct the Contractor to dispose of Refuse at another site. In that event, the price of the Contractor's services for Refuse collection and disposal shall be renegotiated to reflect any increase or decrease in costs related to the difference in distance between the Landfill and any other site designated by the City. C. The Contractor shall not dispose of Refuse in any other landfill or waste disposal facility or operate any transfer station without the consent of the City. 5.1 COLLECTI ®N: The Contractor will collect all properly prepared and placed Recyclables from Residential Units on the same day as regular Refuse Collection. The Contractor shall collect all Recyclables, regardless of whether they are placed in a Container for Recyclables. A. The Contractor shall provide each Family Unit with a Container for Recyclables. M City of Shakopee —RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste B. The bins shall become the property of household upon delivery. The bins shall have the Contractors name, phone number and logo on at least one side. Each recycling bin shall be delivered complete with a package of recycling information provided by the Contractor explaining what and how to recycle in order to assist the Contractor in the performance of their work and to inform and educate the public. C. Bins shall be delivered through out the term of the Contract to any newly constructed homes and to any newly annexed properties /sub - divisions. Lost and stolen bins shall be replaced by the Contractor, misuse, abuse and fraud excepted. 5.3 RECYCLABLE PROCESSING: A. Contractor shall not dispose of Recyclables in any landfill or incineration facility nor knowingly convey Recyclables to any other person that disposes Recyclables in a landfill or incinerating facility without the express written consent of the City. B. Contractor shall provide a facility to process and prepare for the market or transfer for processing elsewhere the materials listed above. Facility shall comply with all local, state, federal environmental and land use regulations. C. The recycling site shall be properly zoned for all proposed recycling activities. All recyclable material shall be promptly processed into a marketable product. The processed product may be stored at a covered location until market prices for the product are favorable but not in excess of Scott County Department of Environmental Health guidelines or Minnesota Environmental Protection Agency regulations. D. If Contractor cannot have a facility operational by January 1, 2001, he /she must show ability to take the materials and process them (through transfer, etc.) until such time as the facility is operational; in no case, however, shall the facility open later than July 1, 2001. E. Bidder may accept Recyclables at its facility from other customers; however, contractor shall give priority, unless unreasonable, to deliveries made through the City's program as opposed to deliveries made by other customers. F. Successful Contractor shall keep records to determine the quantity of individual items recycled, and shall issue a monthly report to the City as to the quantity of each material processed during that month. G. The City shall have the right, during the term of the Contract, to have a representative on Contractor's premises to monitor the operation of the Contract. Such representative shall only be allowed on Contractor's premises during normal business hours. UJI City of Shakopee —RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste 0' ' A. Price of this service shall be a fixed price per ton of Recyclables collected as established in the initial bid. A separate per ton price shall be bid for fiber Recyclables and for all other Recyclables combined. The price shall cover all equipment, material, labor and services to be performed under the proposed contract. B. In order to receive payment, the Contractor will be required to weigh each category of Recyclables collected on State of Minnesota Certified Scales provided by the Contractor and subject to inspection or verification by the City. The weight shall net of any containers holding the Recyclables. C. The Contractor shall submit itemized bills for services provided to the City on a monthly basis. Invoices must include a copy of the Recycling Materials Credit Report. Bills submitted shall be paid in the same manner as other claims made to the City. The Contractor shall provide documentation and reports as required by the City. D. Proceeds from the sale of recyclable materials. The City shall receive a monthly credit statement based on the net proceeds of the sale of all recyclable materials collected the previous month in the City, it there are positive net proceeds from the sale. Net proceeds is defined as the revenue received from the sale of all recyclable material minus processing charges, which are labor and equipment charges made by the Contractor which handles the processing for sale and sale of recyclables. The Contractor shall establish and report the per ton cost of processing said charges as part of Contractor's proposal attached hereto, and propose a rate and formula for providing credit to the City. Any increase in the charges made by the Contractor which result in an increase in the processing charge, shall be documented to the City. E. Withholding of payment will occur if collection requirements are not complied with. F. The Contractor shall allow the City or its duly authorized agents reasonable access to such of the Contractor's books and records as are pertinent to all services provided under this Agreement. Any reports, information, data, etc. given to or prepared or assembled by the Contractor under this agreement which the City requests to be kept confidential shall not be made available to any individual organization without the City's prior written approval. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Contractor shall become the property of the City upon termination of this Agreement. 45 City of Shakopee RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste 6.1 COLLECTION: A. The Contractor shall collect all properly prepared and placed Yard Waste in Containers for Yard Waste from Residential Units on the same day as regular Refuse Collection. B. Yard Waste shall be collected each year between March 1, or as soon as the Scott County Highway Department lifts the spring roadway weight limits and December 15, or such time as winter weather curtails yard waste operations. Christmas trees shall be collected from mid January through the end of January. Starting and ending collection dates shall be with the mutual concurrence of the City. The Contractor shall not suspend operations during the operation periods of time without the written authorization of the City. 6.2 PROCESSING OF YARD WASTE: A. Yard Waste shall not be disposed of in any landfill in violation of Minnesota law. B. The Contractor shall own, co -own, rent, lease, control, or otherwise have access to a properly licensed and permitted composting facility, farm, or a landscape waste transfer station with sufficient capacity to dispose of collected Yard Waste within the City under all circumstances. C. The Contractor shall be solely responsible for compliance with all Federal, State, County, and Local laws, ordinances, and regulations governing the disposal of Yard Waste at such a facility. D. Upon the City's request, Contractor shall provide to the City the name and location of the Yard Waste disposal facility it intends to use during the term of this Contract. E. Upon the City's request, the Contractor shall provide the City with proof that such facility complies with all laws and regulations governing such facilities. F. Upon reasonable notice, the City shall have the right to visit and inspect such facilities during regular business hours. G. The Contractor shall notify the City of any changes in Yard Waste disposal facilities. H. Upon the City's written request, the Contractor shall furnish the City with reasonable assurances concerning the availability of adequate facility capacity for disposal of Yard Waste collected under this Contract. City of Shakopee RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste A. Payment for service shall be a fixed price per ton as established in the Contractor's accepted proposal. The price shall cover all equipment, materiel, labor and services to be performed under the proposed contract. B. In order to receive payment, the Contractor will be required to weigh each load of waste deposited at the composting/processing site on State of Minnesota Certified scales provided by the Contractor, subject to inspection, and verification by the City. C. The trucks shall be weighed, including the truck operator when each load in delivered to the composting site, (the gross weight). Each truck including the truck operator will be weighed after the load has been dumped (the tare weight) in order to determine the net weight of the dumped load. No average empty weight shall be utilized in calculating the net weight. D. Weight tickets shall be maintained showing the route number or specific area from which the waste was collected and shall be signed by the driver of the equipment. The Contractor shall submit monthly invoices for the material handled in the preceding month, and will be paid the accepted bid price per ton pursuant to Section 2.3. A. Neighborhood associations in the City of Shakopee in conjunction with Scott County traditionally sponsor programs at various times during the year in which residents are encouraged to cleanup their neighborhood. The programs result in a high level of Bulk Waste placed for collection. The City will work with the association and Contractor to schedule the programs in order to assure that adequate manpower and equipment can be made available. B. Neighborhood clean-ups do not constitute additional work under the terms of this Contract. M 9 CITY OF SHAKOPEE Memorandum C 0 N c TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Temporary On -Sale Liquor License — Historic Murphy's Landing DATE: August 31, 2000 Minnesota Valley Restoration Project, Inc. dba Historic Murphy's Landing has applied for a temporary on -sale liquor license for Saturday, September 16, 2000. The Adopt -A- House Benefit will take place in the area of the Ryan/Boesel Farmstead. The application is in order. The certificate of insurance identifying the required liquor liability and public liability is on order. The license will not be delivered until proof of the required insurance is received, per the City Code. I have contacted the Chief of Police regarding this application. He has advised that he does not have a problem with the issuance of a temporary license for this event. Approve the application and grant a temporary on -sale liquor license to Minnesota Valley Restoration Project, Inc. dba Historic Murphy's Landing, 2187 East Highway 101, for September 16, 2000, conditioned upon compliance with insurance requirements. Ju i S. Cox" ity leak — �r JSC /jms I jeanette/liquor /murphy's 1,5 /--. CIS' OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: 2001 EDA Tax Levy Consent Resolution No. 5411 DATE: August 31, 2000 Introduction Attached is Resolution Number 5411 which consents to the EDA tax levy. Background State law MSA 469.107 provides that the City Council may levy a tax at the request of the EDA for economic development purposes. Further, MSA 469.033 provides that the City Council may consent to a levy by the EDA for redevelopment purposes. Accordingly, the attached resolution is provided for Council action. Action Offer Resolution Number 5411, A Resolution Levying A Tax At The Request Of, And Consenting To The Levy Of A Tax By, The Economic Development Authority For The City Of Shakopee, and move its adoption. r, f Greg x and Finance Director g : \ budget01\budres01 RESOLUTION NO. 5411 A RESOLUTION LEVYING A TAX AT THE REQUEST OF, AND CONSENTING TO THE LEVY OF A TAX BY, THE ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE WHEREAS, the Economic Development Authority for the City of Shakopee was created pursuant to Minnesota Statutes, Section 469.091 et. seq., as amended, and WHEREAS, Section 469.107 states the governing body of the municipality may levy a tax at the request of the Authority, and WHEREAS, Section 469.033 states that for redevelopment purposes, the Economic Development Authority may levy a tax with the consent of the governing municipality, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the City Council levies a special tax of $47,010 pursuant to MSA 469.107 (after reduction for $0 in HACA aid) to be collected in 2001 for the Economic Development Authority by the City of Shakopee. BE IT FURTHER RESOLVED, that the City Council of the City of Shakopee consents to a special tax levy of $47,010 pursuant to MSA 469.033 to be collected in 2001 by the Economic Development Authority. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of September, 2000. Mayor of the City of Shakopee ATTEST: City Clerk owl CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Budget Adoption DATE: August 31, 2000 WNWI 1 The Council is asked to certify the FY 2001 budget for adoption. C M 01 X !J 71 LeiK Iii The City Council has held budget workshops on August 17 24 and 29 During those meetings, the Council considered projected revenues from the City, and reviewed requests for expenditures from the various departments. Tentative approvals were given at the August 29 meeting, but it was decided to have an additional meeting at which to consider fmal items before adoption. That meeting had tentatively been set for 4:30 PM Wednesday, September 6 However, one of the Councilmembers later advised that a work conflict would prevent attendance. Given the desirability of having all five Councilmembers approve the budget, the Mayor has directed that this be placed on the City Council agenda of September 5 If time does not permit a full discussion of issues, the Council can decide at the September 5th meeting when to schedule a special meeting when all could be in attendance. Note that the budget needs to be certified by September 15 I: ir I 1 idol U1 1 If the Council is comfortable with adopting the budget at the September 5 th meeting, it should consider the items outlined in the information provided by the Finance Director, direct final changes, and then certify the FY 2001 budget. If the Council concurs, it should, by motion, adopt the following resolution: 19 • Rol 0 to o] ,1 •, A RESOLUTION SETTING PROPOSED MAXIMUM 2000 TAX LEVY, COLLECTIBLE IN 2001 f Mark McNeill City Administrator City of Shakopee Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: 2001 Proposed Tax Levy and Budget Resolution DATE: September 5, 2000 Introduction Attached is Resolution Number 5409 which sets the proposed maximum 2000/01 tax levy. Time frames The existing law requires that Shakopee certify a proposed budget, budget hearing date and proposed maximum tax levy to the county by September 15 . The City has to publish notice and hold a public hearing, adopt the final tax levy and adopt the budget a later hearing, and then certify the final levy to the county by December 28, 2000. Tax Levy The proposed maximum tax levy for 2000/01 is a General Fund levy of $3,661,763 (including a debt service levy of $234,586). The General Fund levy last year was $3,134,078 including $352,826 for debt service. The increase in the gross levy for the General Fund (including debt service) is $527,685 or 16.8%. The General Fund tax rate is estimated to stay the same. Additionally, the part of the EDA levy for economic development purposes in the amount of $47,010 will be shown as a General Fund levy as per the State Department of Revenue. Last year the amount was $0. This increases the city rate by .0241 over last year. Total levy for the EDA yields a balanced budget. A maximum local option transit levy of $460,247 ($536,287 maximum less HACA of $76,040) for 00/01 is compared to $357,970 last year. This results in an increase of $102,277 or 26.8% in the transit only portion of the taxes. The total tax levy by the city on the tax capacity (including general fund, EDA and transit but excluding fire station bonds debt service) is an estimated increase of $576,972 or 16.1%, from $3,592,048 to $4,169,020 with the tax capacity rate change from 20.132 to 22.1025. The decision to reduce the levy can be made at a later date because it is the maximum proposed levy being adopted now. The levy for the fire station bonds is already set by previous action and is increasing from $261,760 to $261,939. This is on the market value of real estate and not tax capacity value. Governmental Funds Budget The Council is required to certify a proposed budget to the County Auditor by September 15 Council may change the amount up or down for the final budget. The resolution includes the Governmental Funds Budget proposed expenditures in the amount of $18,764,334 (net of special assessments per State Auditor). The budget is not fixed. The comparable number last year was $16, 699, 381. Alternatives 1. Adopt resolution as drafted. 2. Increase or decrease amounts for tax levy or budget in the resolution. Action Offer Resolution Number 5409, A Resolution Setting Proposed Maximum 2000 Tax Levy, Collectable In 2001, and move its adoption. Gregg Voxland Finance Director g: \budget01\budres01 RESOLUTION NO. 5409 A RESOLUTION SETTING PROPOSED MAXIMUM 2000 TAX LEVY, COLLECTIBLE IN 2001 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, COUNTY OF SCOTT, MINNESOTA, that the following amounts be levied as the proposed maximum tax levy in accordance with existing law for the current year upon the taxable property in the City of Shakopee; General Levy (net of HACA) $3,661,763 Plus Economic Development Authority $ 47,010 Transit Levy $ 460,247 Debt Service - Fire Referendum $ 261,939 (Market Value) BE IT FURTHER RESOLVED, that the proposed expenditures for the Governmental Funds Budget for 2001 is $18,764,334. BE IT FURTHER RESOLVED, that the public hearing for the tax levy is December 4, 2000 AT 7:00 PM in City Hall with the continuation date of December 12, 2000. BE IT FURTHER RESOLVED, that the City Clerk is hereby instructed to transmit a certified copy to this resolution to the County Auditor of Scott County, Minnesota. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of September, 2000. ATTEST: Mayor of the City of Shakopee City Clerk 2001 GENERAL FUND BUDGET- REVENUES A B C D E Same Total Same GF Same Total Same GF +$100,000 ......... ............... ... Tax Rate Tax Rate Tax Rate Tax Rate Total Tax Rate Same Elect Same Elect Less elect Less elect Same Elect 2001 2001 2001 2001 2001 EST. EST. EST. EST. EST. Taxes 10,000 10,000 10,000 10,000 10,000 tj #34dfEig#a $ 3,517,470 $ 3,257,350 $ 3,517,470 $ 3,257,350 $ 3,617,470 Tax Increment - - - - - Moblie Home 800 800 800 800 800 Fiscal Disparities 367,720 367,720 367,720 367,720 367,720 Aggregate Tax 18,000 18,000 18,000 18,000 18,000 Lodging Tax 160,000 160,000 160,000 160,000 160,000 Total Taxes 4,063,990 3,803,870 4,063,990 3,803,870 4,163,990 Special Assessment Licenses & Permits Track Franchise 10,000 10,000 10,000 10,000 10,000 Tf}tTjS&~ ?Ei {i 850,000 850,000 343,000 343,000 850,000 Liquor Licenses 100,000 100,000 100,000 100,000 100,000 Beer Licenses 3,000 3,000 3,000 3,000 3,000 Cigarette licenses 5,600 5,600 5,600 5,600 5,600 Misc. Business Permits 4,000 4,000 4,000 4,000 4,000 Building Permits 1,400,000 1,400,000 1,400,000 1,400,000 1,400,000 Plumbing Permits 180,000 180,000 180,000 180,000 180,000 Mechanical Permits 110,000 110,000 110,000 110,000 110,000 Electric Permits 95,000 95,000 95,000 95,000 95,000 Septic Permits 2,500 2,500 2,500 2,500 2,500 Sewer Permits 27,000 27,000 27,000 27,000 27,000 Street Opening Permits 14,000 14,000 14,000 14,000 14,000 Dog Licenses 780 780 780 780 780 Misc. Non -Bus. Lic. - - - - - Total Lic. & Permits 2,801,880 2,801,880 2,294,880 2,294,880 2,801,880 Intergovernmental Grants - Fed 256,200 256,200 256,200 256,200 256,200 State Grants & Aids 5,500 5,500 5,500 5,500 5,500 Local Government Aid 242,020 242,020 242,020 242,020 242,020 HACA 458,820 458,820 458,820 458,820 458,820 Local Performance Aid - - - - - PERA Aid 11,990 11,990 11,990 11,990 11,990 Police Training 31,000 31,000 31,000 31,000 31,000 Police State Aid 105,000 105,000 105,000 105,000 105,000 Local Grants /Aids 26,750 26,750 26,750 26,750 26,750 Total Intergovernmental 1,106,280 1,106,280 1,106,280 1,106,280 1,106,280 Charges for Service Administrative Fee 85,000 85,000 85,000 85,000 85,000 Plan Check 790,000 790,000 790,000 790,000 790,000 Sale of Documents 9,500 9,500 9,500 9,500 9,500 Assessment Search 4,000 4,000 4,000 4,000 4,000 Release of Dev. Agreement 450 450 450 450 450 Land Division Administration 17,500 17,500 17,500 17,500 17,500 Land Use Administration 31,000 31,000 31,000 31,000 31,000 Misc. Police Services 25,000 25,000 25,000 25,000 25,000 Fire Calls & Contracts 38,000 38,000 38,000 38,000 38,000 Pound Fines & Fees 3,000 1,070 - 3,000 1,070 Valleyfair 23,000 23,000 23,000 23,000 23,000 Card Club 20,000 20,000 20,000 20,000 20,000 Snow Removal - - - - - Misc. Public Works 20,000 20,000 20,000 20,000 20,000 Engineering Services 690,000 690,000 690,000 690,000 690,000 Engineering Grade Fee 80,000 80,000 80,000 80,000 80,000 Total Charges for Svs. 1,836,450 1,834,520 1,833,450 1,836,450 1,834,520 Fines and Forfeits Court Fines 130,000 130,000 130,000 130,000 130,000 Miscellaneous 2001 GENERAL FUND BUDGET- REVENUES 9,688,700 A B C D E Same Total Same GF Same Total Same GF +$100,000 Tax Rate Tax Rate Tax Rate Tax Rate Total Tax Rate Same Elect Same Elect Less elect Less elect Same Elect 2001 2001 2001 2001 2001 EST. EST. EST. EST. EST. Miscellaneous 9,688,700 9,688,700 9,688,700 9,688,700 9,688,700 Miscellaneous 65,000 65,000 65,000 65,000 65,000 Interest 250,000 250,000 250,000 250,000 250,000 Rent 570,300 308,250 60,300 - - Total Miscellaneous 315,000 315,000 315,000 315,000 315,000 Total Revenues 10,253,600 9,991,550 9,743,600 9,486,480 10,351,670 Other Sources Sale Of Assets Operating Transfers SPUC Contribution 240,000 240,000 240,000 240,000 240,000 Total Other Sources 240,000 240,000 240,000 240,000 240,000 Grand Total 10,493,600 10,231,550 9,983,600 9,726,480 10,591,670 Expenditures 9,688,700 9,688,700 9,688,700 9,688,700 9,688,700 Subtotal 804,900 542,850 294,900 37,780 902,970 Replace GF tran to DS 12/31/00 (234,600) (234,600) (234,600) (234,600) (234,600) Net 570,300 308,250 60,300 (196,820) 668,370 Building Permits $ 1,400,000 $1,400,000 $ 1,400,000 $1,400,000 $ 1,400,000 Plumbing Permits 180,000 180,000 180,000 180,000 180,000 Mechanical Permits 110,000 110,000 110,000 110,000 110,000 Electric Permits 95,000 95,000 95,000 95,000 95,000 Plan Check 790,000 790,000 790,000 790,000 790,000 Engineering Services 690,000 690,000 690,000 690,000 690,000 Engineering Grade Fee 80,000 80,000 80,000 80,000 80,000 Development Fees $ 3,345,000 $ 3,345,000 $ 3,345,000 $ 3,345,000 $ 3,345,000 Net to Reduce Development Fees $ (570,300) $ (308,250) $ (60,300) $ 196,820 $ (668,370) ""'PR Qt 1313?'? i f Ejt s 26% 30% 33% 36% 25% Gross Tax Levy 3,924,433 3,661,763 3,924,433 3,661,686 4,024,433 H City of Shakopee, Minnesota 2001 Annual Combined Budget Summary General Fund Revenues Taxes Licenses And Permits Intergovernmental Federal State Local Charges For Service Fines And Forfiets Miscellaneous Revenue Interest Earnings TOTAL Revenue Expenditures General Government Public Safety Public Works Recreation Debt Service Miscellaneous Total Expenditures Excess (Deficiency) of Revenues over Expenditures Other Financing Sources And (Uses) Bond Proceeds Interfund Transfers In Interfund Transfers (Out) Excess (Deficiency) of Revenues and Other Sources Over Expenditures and Other Uses Property Tax Levy Required to Support This Budget $4,063,990 2,801,880 256,200 823,330 26,750 1,836,450 130,000 65,000 250,000 10,253,600 Special Debt Capital Total Revenue Service Projects Governmental Funds Funds Funds Funds $ 554,260 $ 989,939 $ 1,020,000 $ 6,628,189 804,000 3,605,880 256,200 156,540 925,000 1,904,870 26,750 70,000 1,906,450 130,000 306,000 371,000 13,000 142,100 405,100 793,800 1,132,039 3,055,000 15,234,439 2,420,570 234,520 2,655,090 3,681,050 3,681,050 1,735,400 623,850 3,142,500 5,501,750 667,100 667,100 4,064,964 4,064,964 751,880 751,880 9,256,000 858,370 4,064,964 3,142,500 17,321,834 997,600 240,000 (432,700) (64,570) (2,932,925) 50,000 994,056 (87,500) (2,087,395) 13, 806, 500 13, 806, 500 1,284,056 (432,700) $ 804,900 $ (11,570) $ (1,938,869) $ 13,719,000 $ 12,570,461 $ 3,556,713 $ 460,247 $ 261,939 $ - $ 4,278,899 Levy00.xls TAXBILL pay 01 1:34 PM 9/5/00 A B C D E F G H I 1 City of Shako pee 2 General Fund 0 3 9/5/00 4 Pay 2000 Pay 2001 Change 5 6 Net levy spread $0 $3,924,433 7 Total City Net Taxable Tax Cap. 157132.62 19,493,500 8 9 City GF on1 Tax Rate 20.1320% 20.1320% 0.00% 10 20.132 11 12 Assessor's Estimated Market Value $100,700 $105,900 5.2% 13 Tax Ca acit 14 First $76,000 at 1% 760 760 Balance at 1.650 408 493 r17 1,168 1,253 7.3. City Tax Rate 20.132% 20.132% $17.27 19 ,City Tax $235.05 $252.32 7.3% 20 21 Assessor's Estimated Market Value $117,700 $122,900 4.4% 22 Tax Capacit 23 First $76,000 at 1% 1 760 760 24 Balance at 1.65% 688 774 25 1,448 1,534 5.9% 26 Cit Tax Rate 20.132% 20.132% $17.27 Cit Tax $291.52 $308.79 5.9% r 30 Assessor's Estimated Market Value $122,400 $125,300 2.4% Tax Ca acit 32 1 First $76,000 at 1% 760 760 33 Balance at 1.650 766 813 34 1,526 1,573 3.1% 35 36 Cit Tax Rate 20.132% 20.132% $9.63 37 ity Tax $307.13 $316.77 3.1% 38 39 Assessor's Estimated Market Value $196,900 $227,700 40 Tax Capacit 41 - First $76,000 at 1% 760 760 42 Balance at 1.65% 1,995 2,503 43 2,755 3,263 18.40 44 45 City Tax Rate 20.132% 20.132% $102.31 46 CitV Tax $554.61 $656.92 18.4% 47 48 Assessor's Estimated Market Value $196,900 $227,700 15.6% 49 Tax Capacity Commercial 50 First $150,000 at 2.4% 3,600 3,600 51 Balance at 3.4% 1 2,642 52 5,1 95 6,242 20.2% 53 54 City Tax Rate 20.132% 20.132% $210.82 1551C Tax 1,045.78 $1,256.60 20.2% Levy00.xls TAXBILL pay 01 1:34 PM 9/5/00 ,4-� f- -/ Levy00.xls LEVY00 - 01 `� 1:35 PM 9/5/00 A B C D E F G H I J K 1 f Shakopee 9/5/00 2 Pa�01 tax le a y 3 4 99100 Chanae 5 General Tax Le Limit 4 436 435 maximum 6 Transit (459,46D - 459000 7 -le vy EDA Le - Cit 75000 -75000 8 Es t. Val grow 474 791 -12.2% 9 Tot G e n eral Fund Lev l0 Debt Service 11 1990 Imp 140 415 142,134 12 199 Imp 41 982 41.847 13 1992A Im cnx25014 25.K5 14 1995A Im cnx64487 CNX 15 19956 Sto R venue cnx653096 CNX 16 1996A Im 77,186 CNX 17 19976 Im 29 783 CNX 18 1998 Imp 63 460 --Z5-000 19 1999/00 Imp 20 Park Referendum 4 7417 1 N/A 21 Library_Referendum ?? 22 23 Fire Referendum Total Debt_Service 352 826 234 586 4 118-20J - 33.5% 24 C 25 Lev limit cut ( 689,293 1 — 26 (31.423 27 addl cut 300-0 0 0 262,670 28 Le cut (TO keep average house at no change 10 29 30 Additional items To_t_all -e added 3 13 3 924 433 790 355 25.2% 31 32 33 Fiscal Disp Dist Net Le to spread 2 80 3 5 56.71 3 37 199 753 156 26.9% 341 35 Allowance for Uncoll. 23 334 776 490 _ 28.3 36 IBudget Amount Levy00.xls LEVY00 - 01 `� 1:35 PM 9/5/00 3C�0- Levy00.xls TAXBILL pay 01 1:21 PM 9/5/00 A I B C D E F G H I 1 City of Shako ee 2 General Fund On - 1 3 9/5/00 _ 4 Pay 2000 Pay 2001 Change 5 1 -=� - 6 -- Net levy spread $0 $3,294,043 7 Total City Net Taxable Tax Cap. 157132.62 19,493,500 8 9 City GF only Tax Rate 16.8978% 16.8982% 0.00% 10 20.132 11 12 Assessor's Estimated Market Value $100,700 $105,900 5.20 13 Tax Ca acit 14 First $76,000 at 1% 760 760 15 Balance at 1.65% 408 493 16 1,16 1,253 7.3% Cit Tax Rate 16.898% 16.898% $14.50 19 Cit Tax $197.29 211.79 7.4% k Assessor's Estimated Market Value $117,700 $122,900 4.4% Tax Capacit 23 First $76,000 at 1% 760 760 24 Balance at 1.65% 688 774 25 1,448 1,534 5.9% 26 27 City Tax Rate 16.898% 16.898% $14.50 28 City Tax $244.69 $259.19 5.9% 29 30 Assessor's Estimated Market Value $122,400 $125,300 2.4% 31 Tax capacit 32 First $76,000 at 1% 760 760 33 Balance at 1.65% 766 813 34 1,526 1,573 3.1% 35 � 36 City Tax Rate 16.898% 16.898% $8.09 37 City Tax $257.79 $265.88 3.1% 38 39 Assessor's Estimated Market Value $196,900 $227,700 40 Tax Cap acit 41 First $76,000 at 1% 760 760 42 Balance at 1.65% 1,995 2,503 43 2,755 3,2 63 18.4% 44 45 City Tax Rate 16.898% 16.898% $85.89 46 City Tax $465.51 $551.40 18.46 47 48 Assessor's Estimated Market Value $196,900 $227,700 15.60 49 Tax Cap acity Commercial 50 First $150,000 at 2.4% 1 3,600 3,600 51 Balance at 3.4% 1,595 2,642 52 5,195 6,242 20.2% 53 54 City Tax Rate 16.898% 16.898% $176.98 55 Cit Tax 877.77 1,054.75 20.2% Levy00.xls TAXBILL pay 01 1:21 PM 9/5/00 J3 �*-D — Levy00.xls LEVY00 -01 / 1:20 PM 9/5/00 A B C D E I F G H I J K 1 Cif of aI, We e 9/5/0_0 2 Pa�0 tax l 3 4 5 Gene Tax L ev Limit 4 436 435 maximum 6 Transi levy (459-467A - 459000 7 EDA Le - City 75 00_0 -75000 8 9 Est. Valu growt Tot General Fund Lev 3,901,968 3,427,177 474 791 - 12.2% 10 Debt-Service 11 1990 Imp 140,415 142,134 IZ 1991A Imp 41,982 41,847 13 1992A Imp cnx25014 25,605 14 1 1995A Imp cnx64487 CNX 15 1 19956 Sto Rev enue cnx15 3096 CNX 16 1996A Imp 77,186 CNX 17 19978 Imo 29-783 CNX 16 199 Imp 63 460 25 000 19 1999/00 Im 20 Park Referendum 4 74171 N/A 21 Libra Referendum - -- -- ? ?? 22 23 Fire Referendum To tal Debt Se rvice 261760 362-8 261939 23-4%Q _24 110 - 33.5% 24 Ch anges 25 Le limi cut A689 293 26 (31,424 27 addl cut 300 000 2 8 Lew cut (To keep average house at no change 100 000 29 30 Additional items To_t_a L ev added 3 134 078 3 661 763 527 685 16.8% 3 Fisc al Disp Dist Net L evy t o spread 2 803 557 3 294 043 37 199 490 486 ° 17.5 /° 35 36 1 Allowance for Uncoil. lBudgetAmount 1 9 74n 979 3.25T425 25 960 516,446 1 18.8°0 Levy00.xls LEVY00 -01 / 1:20 PM 9/5/00 Levy00.xls TAXBILL pay 01 1:25 PM 9/5/00 A I B C D E F G H I 1 City of Shako ee 2 General Fund Onl 3 9/5/00 4 Pay 2000 Pa 2001 Change 5 6 1 Net levy spread 1 $0 $4,025,443 7 ITotal City Net Taxable Tax Cap. 157132.62 19,493,500 8 9 City GF only Tax Rate 20.13200 20.65020 2.570 10 20.132 11 12 Assessor's Estimated Market Value $100,700 $105,900 5.20 13 Tax Capacit 14 First $76,000 at l0 760 760 15 Balance at 1.650 408 493 16 1,168 1,253 7.30 17 18 City Tax Rate 20.1320 20.6500 $23.77 19 ,City Tax $235.05 $258.82 10.10 20 21 Assessor's Estimated Market Value $117,700 $122,900 4.40 22 Tax Capacit 23 First $76,000 at 10 760 760 24 Balance at 1.650 688 774 25 1,448 1,534 5.90 26 27 City Tax Rate 20.1320 20.6500 $25.22 28 City Tax $291.S2 $316.74 8.70 29 30 Assessor's Estimated Market Value $122,400 $125,300 2.40 31 Tax Capacit 3 First $76,000 at l0 760 760 331 Balance at 1.650 766 813 34 1,526 1,573 3.Zo 35 36 City Tax Rate 20.1320 20.6500 $17.79 37 City Tax $307.13 $324.92 5.80 38 39 Assessor's Estimated Market Value $196,900 $227,700 15.60 40 Tax Capacit 41 First $76,000 at l0 760 760 42 Balance at 1.650 1,995 2,503 43 2,755 3,263 18.40 44 45 City Tax Rate 20.1320 20.6500 $119.22 - 46 - Ht Tax 554.61 $673.83 21.50 47 48 Assessor's Estimated Market Value $196,900 $227,700 15.60 49 Tax Cap acity Commercial 50 First $150,000 at 2.40 3,600 3,600 51 Balance at 3.40 1,595 2,642 52 5,195 6,242 .. 20.20 E53 54 City Tax Rate 20.1320 20.6500 $243.17 55 City Tax 81,045.78 $1,288.94 23.30 Levy00.xls TAXBILL pay 01 1:25 PM 9/5/00 L'/ Levy00.x1s LEVY00 -01 b1 1:26 PM 9/5/00 A B C D E F G H I J K 1 City of S hakop ee 9/5/00 2 pra Q tax l ev y 3 4 99100 00101 5 Gener Tax L ev Limit 4.436 435 maximum 6 Transit levy (459-467 - 459000 7 EDA L evy - City 75 000 -75000 8 9 Est. Value Total General F und Lev 474 791 12 2% 10 1 De Se 11 1 1990 Imp 140,415 142,134 12 1 1 991A Imp 41,982 41 847 13 199 Imp cn5014 x2 25 605 14 1995A ImD cnx64487 CNX 15 1995B St R evenue cnx153096 CNX 16 1996A Im 77,186 CNX 17 19978 Im 29,783 CNX 18 19988 Imp 63 460 25 000 19 1999 Imp 20 Park Referendum 474171 N/A 21 LibrarReferendum ? ?? 22 Fire R eferendum 23 To Deb _t_Service 352 826 234 586 118 240 -33.5% 24 Chan_7c es 25 Le limit cut 689 293 26 (31,423 27 1 add[ cut 300 000 731 400 28 Levy cut I (To keep average house at no change 100 000 29 Additional items added 30 Total L_ev 3 134 078 4 393 163 1 259 085 40.2% 31 32 33 Fiscal is Dist Net Lento spread 2,803,557 4 025 443 37 199 1 221 886 43.6% 34 35 --; Allowance for Uncoil. iBudgetAmount 18,646 1 45 . 30 TO Levy00.x1s LEVY00 -01 b1 1:26 PM 9/5/00 0 N `:5 Q r Q r-1 >1 N E s~ E C7 to J� m rn r� II u n W H CQ W II O CD II P4 Q II O II Pk II 04 II I u H Z H W U1 � W H D al O< FC w ax w Q u II II Q O II I O II H \ II I r-I II S M II \ II � II CD II u II II H II O W II O ZJ II O q 11 N D II PQ II a II rn � II Ol H II H U II � II I II II II II II W II m D II Ol H II r-i U u � u I n I f~ 0 m -ri Q co 0 0 0 0 0 0 0 0 0 0 0 0 O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O co m [- d' l0 O O co 00 O�.o l0 M O m O O r-I H O N CO Ln m H Ln O m M M I- M O H O Lf1 O l0 00 Ln O M Ln LO M 00 O ri d m N M O l0 Lf1 N m M h O Lfl M M w dl N � O N N 1 Ln l0 It c0 Ln M O Ln M Ln tr M -1 r-1 c- l0 1 10 1 N r- 0 1 � m m m(n I W m 0 c1• co d' d' m H d H N N N d M m N N Ln N N C, M H OO lOHco w00, -I MNLn0 -I r- r- d MOOr- co -10m ,-iU)w m Ln c0 N O N [- d' N w m N c0 H H w Ln H H N m M 00 d' Ol O Ol V N LO 11 l0 H m Ln H l0 d' Ln cr O N m H <9 Ln H H Ol O O M M m N o0 O L11 H 61 61 C� lf1 l0 O N N H d N N d 1 .0 H N 1-1 d LO O O M d' co r-I H N 00 1- N H r -1 H 1-1 N N N H H N H H c0 H 00 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 O O o o 0 0 0 O o 0 0 0 0 0 O m m O O m O Ol m O O m O o m M O c0 Ol LO O zj c0 l0 O N Ili H d H l0 l0 l0 O N Ln "1 O Ol Ln Ln d m O r N Ln O N c0 l0 M O Ln m co M m m r- 0 W m 00 c0 61 H ki d N w Ln M ri O ri m 1 c0 H M 1 H d m 1 N M m r - O 1 [I m O H Ln N H d N N ri N N r-i d N N N M Ln N N co M H O O O 'l' M m Ln O Ln Ln l0 O O r-I d B O O c-1 d d [- Ln m o N m N O O mot' Ol O N d l0 Ln O l0 � O O l0 't M Ln O M Ln Ln H N Ln O O r- M H c0 O r- Ln O Ln c0 H M It d O m N m C- O m l0 l0 c0 N M O O Ln N 00 N r- m N R; l0 M 1 r 1 N M Ln H m r c0 m M N d 4 m LO Ln s Ln H O O C' M w m L_0 M a\ <i' I W H Ln I Ln d d' h 4 - 1 l0 I d^ N 00 1-1 O O cv H N H M M M N M l0 H N l0 M r-I O O m Ln 'zl l0 O O w l0 M H O O CO N 00 O c0 co H m [- O 1- 3 O 1 N co [N 00 I I Ol N N M� O N d' M O O m t_O O LD H 1-i H 1 10 m O H Ln r- m Ln Ln CO 1 10 dl Ln m H H m O Ol l0 O 1 .0 Ol O O O m m ri N N O l0 c0 m m [- H M m H Lf1 � M m lfl co M N m I- LO o0 N� d W 00 N to w O N Ln N ri d m Lo M M LO Ln N [` r4 N I [` m H I O d' d+ r- d' I N N co H H Ln ri �-{ ,-1 H H r-I H m N N N N Ln ri d N H 0 H U] H L7 Z I-i Z H Q O Q H a co H z > fTa H O P; H Q H Q U H H HH 00 HHW a HFC q U z Ha Uzx m H '> z w< tnw r�wz U H H P: O U z Q O p H K�fz w >w [x 04 z D H H WU1 WZU1 HQ w0> w o a l< xH axoz Q xao X U H D; H> r4PHD yi H W0 z U� M E+ W ul o H U o Ul 0 a H co 0 co P co U1 Z co z qq CA W co a U1 W Q W U1 U1 H U m w H U1 W W a ca W W U1 W W O COwr ) 04Humw040 UU] WH0> F4mzmwp4OQ�U]W R WU] W0 U H fX WU0 WUDZ W UDHx WUwHH4UZD W H fZWUDOUW UD H U] o U H U >4 U H H H >4 U H H � F4 U H Q FC H �'� � U H H ?I W U H H L7 H U H H H y-I H> H H 17 H x H H> H Q W z H a Q, Q L7 > O H> H Q H z H> H a H> H \f' >P: cti H,7f15Qq H >fa Q H > P' W W W [�' fa�QwHw >P: Qa o >P; QzwH 04 F4 Ua' P;wzUUCr 04 WHL7UaW Up wz0Z0f)4 W Zf<04a' W Z Ul Q W co P: w Ul W w U1 W G: w m z P; Cl) a W Ul W P: D W M W P: w U2 W D I I U] 0 1 U1 P4 >'I I CO 111 < >"I I CO H (-(; I (C; 1 m 04 < �E: I M a4 W I M � 04 FX4 1 F6 x7-I 1adxp x DC x H zt x Q5 L9 L De E xSCz ✓Y O \H �Na wHma W UH Ln U Hw 1]4 C- WU0 00 a W W H W a O U] z H W Ul H W U H W U1 U H W Ul P: rs. 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O w II M d' m Ln M d M O N H L9 CO H LO N k. d+ N Ol M w Ln m N l0 M r- r- c0 O L7 II r- O L- N O d' 00 N r- r- I d' d' Ln O H M Ln r- Ln M O v Ln O O Q II H N d' rl- M d dl Ln M Ln Ol H H N N Ln N M Ln H N D II al II N m II II Q II H d' w d' O O 0) M N 1 10 d' H O H M w O al �D Ln O H H M N r O O N Ol H O •r II H L� N Ol N 0) r - 1 - 00 N O O H N d' w Ln l0 O N H O O H c0 Or d' [A II N Ln M CO N L� 1 Ln 01 L� Lfl O M N CO Ol Ln 1 N 1 Lfl N d H Lf1 C� N > Ol Q', II H al L- 00 lD O co T M H Ln [O M N N d' W l0 N W Ol lfl N 00 m Ln d' d' -ri Ol D 11 d' Ln H r- Ln O Ln d Ln H 1 O Ol m 00 m It M H Ln O m O N Q m H II m H d' Ln N H M d' Ln N d' r- H N N V H O N G H U 11 ,1v < 11 H N N Cl [r Q II II RS �4 �4 [6 II O O n � N c0 M L0 M In O l0 H O L- LO Ln L� 00 CI. N r w l0 N 0 r- 00 In m d• Ln N 5 II H Ln M W� cl- 0% w w Ln 00 O m Ln L- M W O CO LO Ln O Ln Ln w O r- co 1:4 II Ln L- N Ln Ln M O d' d' N l0 O M r- Ol w M H l0 O w Ln O Ln O M M l0 . . . . . . . . . . . . . . . . . . . L7 M 00 II T . Ol N H M W Ln M N N L� W l0 L� N . r H Ol N M Ln Ln O M H d LD M D II N N N Ln L- L- Ln L� d' I O L- d' N Ol H H M Ln al H Ol O d 4 al H II \0 H M d' H N M d N r O H N H M d' r- N H N H U II jn Q II H H H N C � II � II � II II II II u z u 0 II H II � II C7 H II H I Q O II C7 H H W H O a x U H ii w 0 H �a Q w I ii a a Kc HN v Q H n w a x �a z co F-I II I I C7 w H W W Q H I z z 0z x >< z H u a II O O Q H H H� W z 7 H H II H M Z H a x co O Q M H M z H M � Q II M co WOH m 4 W m w MW z m WOFC m wzU M Q H m w x H U m w I W m w x O 0 H M W x H m W x H x m w x W O co W q Z II > W U D M w w U z z W U p H Z W W U D 9 W U D m w U D H 4 W U W D II HwuHE-IH WUH0HU H WUHH X a UHHH ^ 4 UHH Z0 u HCra II Q x H> H M H> H 0 H> H Q x x H> H O H> H> x H> H H 4 H> FC II H�xQHZ�xHZDxQ W W H�xQ xDxgHr.C�xQFCZ >x Ua II H WCuxW ZQHZ0 WUwxwZL7 W Mx WzHU10W ZQwxwZ�D x WE II D U w m W W m W W m w x Z W m W w w co W W M W w m D a x u O H I m a+ W I M 121 1 CO QI 4 H I co a, W I m a a1 I M al t.. I m O a w II a '.8 o x laxC li0 .aX �X0 xXP LZI 9z um40Na wHM4 zHa wUzNa wHd Wxwa WFCH a Mzw x a M w � II ,M rMwmH-I m wd w Co d wm m'rWm am III MxD0 Ilw zwa z zWaw zwa zwa zwa ZWw II CL aZ `,G' H< 4ZZH <MaZZH<aZZH<4Z.'Z.Hl< zHCt. u m900 :1P<0049004PZFC 0 0 aHFC004P 004P 0 0 V)<< I~ II Z. W HHM " HHHM a, HHHM a, HHH MLL HH o 11 40Mxw 0 Mxa4 0 Mx04 a4 a0Mx04 04 0Mx04 a0Mxa4 a4 0 MrCx04 00 -ri II xHHwDFCHHW DHHW D <XHHWDFCHH WD<PHW D4E -1H\W DxHH m u H >GLMU >aIM >a,mUw >04MU >a,MU >a+MU > z a, II o g o 0 o Q o o g o 0 0 o g o 0 o g 0 0 0 Q o 0 o Q O o 0 0 - II r - H N Ln H N H N Ln c0 H N Ln H N Ln H N Ln O H N L- Q d' d' d' d+ d' dA O d' d' d' City of Shakopee, Minnesota 2001 Annual Combined Budget Summary Revenues Taxes Licenses And Permits Intergovernmental Federal State Local Charges For Service Fines And Forfiets Miscellaneous Revenue Interest Earnings TOTAL Revenue Expenditures General Government Public Safety Public Works Recreation Debt Service Miscellaneous Total Expenditures Excess (Deficiency) of Revenues over Expenditures Other Financing Sources And (Uses) Bond Proceeds Interfund Transfers In Interfund Transfers (Out) Excess (Deficiency) of Revenues and Other Sources Over Expenditures and Other Uses Property Tax Levy Required to Support This Budget 240,000 (432,700) 50,000 13, 806, 500 13, 806, 500 994,056 1,284,056 (432,700) $ 804,900 $ (14,570) $ (1,938,869) $ 12,276,500 $ 11,127,961 $ 3,556,713 $ 460,247 $ 261,939 $ w - $ 4,278,899 Special Debt Capital Total General Revenue Service Projects Governmental Fund Funds Funds Funds Funds $4,063,990 $ 554,260 $ 989,939 $ 1,020,000 $ 6,628,189 2,801,880 804,000 3,605,880 256,200 256,200 823,330 156,540 925,000 1,904,870 26,750 26,750 1,836,450 70,000 1,906,450 130,000 130,000 65,000 306,000 371,000 250,000 13,000 142,100 405,100 10,253,600 793,800 1,132,039 3,055,000 15,234,439 2,420,570 234,520 2,655,090 3,681,050 3,681,050 1,735,400 623,850 4,585,000 6,944,250 667,100 667,100 4,064,964 4,064,964 751,880 751,880 9,256,000 858,370 4,064,964 4,585,000 18,764,334 997,600 (64,570) (2,932,925) (1,530,000) (3,529,895) 240,000 (432,700) 50,000 13, 806, 500 13, 806, 500 994,056 1,284,056 (432,700) $ 804,900 $ (14,570) $ (1,938,869) $ 12,276,500 $ 11,127,961 $ 3,556,713 $ 460,247 $ 261,939 $ w - $ 4,278,899 ♦ City of Shakopee Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: Canceling Debt Service Levies For 2000/01 DATE: August 31, 2000 Introduction Resolution No. 5410 cancels debt service levies and transfers funds from the General Fund in lieu of the needed special levies. Background Attached is the resolution canceling debt service levies for taxes payable in 2001 and making an irrevocable transfer from the General Fund to various debt service funds in 2000 in lieu of the 2000/01 debt service levy. This is the same course of action Council has taken for the past several years. The actual tax levy for the transferred amount would be made as a General Fund tax levy for pay 2001 to replace the funds transferred out of the General Fund in 2000. The General Fund budget would show a surplus in 2001 to the extent that the "debt service levy" would be on top of a balanced budget. No provision has been made for a tax levy in pay 2001 for the current improvement bond issue. Alternatives 1. Adopt resolution. 2. Levy taxes as debt general fund levy. Recommendation Alternative number 1. Action Offer Resolution No. Levies For 2000/01, service levy for 2000/01 as opposed to 5410 A Resolution Canceling Debt Service and move its adoption. Gregg Voxland Finance Director g: \budget01\budres01 RESOLUTION NO. 5410 A RESOLUTION CANCELING DEBT SERVICE LEVIES FOR 2000/01 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAX02EE, COUNTY OF SCOTT, MINNESOTA, that the following debt service levies are canceled: 1990A Improvement Bonds $142,134 1991A Improvement Bonds 41,847 1992A Improvement Bonds 25,605 1993B Improvement Bonds Defeased 1995A Improvement Bonds 62,685 1995B G.O. Revenue Bonds 153,264 1996A Improvement Bonds 79,898 1997B Improvement Bonds 31,165 1998B Improvement Bonds 64,204 BE IT FURTHER RESOLVED, that the following irrevocable transfers are made from the General Fund to the respective debt service funds in 2000: 1990A Improvement Bonds 1991A Improvement Bonds 1992A Improvement Bonds 1998B Improvement Bonds $142,134 41,847 25, 605 25,000 BE IT FURTHER RESOLVED, that the City Clerk is hereby instructed to transmit a certified copy to this resolution to the County Auditor of Scott County, Minnesota. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of September, 2000. ATTEST: Mayor of the City of Shakopee City Clerk ® o TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Exemption from Lawful Gambling License - Big Dreams Foundation DATE: September 5, 2000 INTRODUCTION AND BACKGROUND: The City Council has been asked to waive the 30 day reviewal in conjunction with an application from Big Dreams Foundation for exemption from lawful gambling license. The 30 day review period, afforded municipalities by the Gambling Control Commission, begins the day the application is signed by the City. (This 30 day period gives a municipality an opportunity to advise the Commission if the municipality desires the activity to be prohibited.) The Big Dreams Foundation will be holding a raffle at the K102 Fan Jam at Canterbury Park this coming week -end, on September 8, 9, and 10, 2000. The obtaining of the exemption from the Gambling Control Commission fell between the cracks and time is now to short to obtain the exemption without the City Council's approval. The proceeds from this raffle will not be spent within the City's trade area. There is an exception from the Shakopee City Code which requires that 75% of the proceeds from gambling activities be spent within the City's trade area. The exception includes raffles when the tickets will be sold statewide, at a facility with a large regional attraction, or to a set of people not generally found in Shakopee. Since the tickets will be sold this coming week -end at Canterbury Park, Big Dreams Foundation is exempt from this requirement. gtaf b • Move to waive the 30 day review period for the application for exemption from lawful gambling license by Big Dreams Foundation for a raffle at Canterbury Park, 1100 Canterbury Road, on September 8, 9, and 10, 2000. BIG DREAMS Inc vie R►�Ke d�an'J Z 002 IM Per our conversation this afternoon, please find the following information regarding Big 09/05/00 TUE,14:20 FAX � Dreams Foundation, and our license application for lawful gambling with the State of . Minnesota. We have a booth set up at the Wango Tango, the K102 Fan Jam and the M�^ KDWB Last Chance Summer Dance this weekend at Canterbury Downs. Hopefully, we can sell raffle tickets at the booth to raise money for Big Dreams Foundation. We are planning to raffle off round trip airfare, hotel and tickets to the Viking / Bear game in Chicago; the 'Viking / Packer game in Green Bay; dinner for two at Ruth Chris Steakhouse; and various sports merchandise. Enclosed, please find a copy of the application we are completing for the Gambling Control Board, State of Minnesota. This will be our third successful application, should we gain your waiver, in recent months so much of the information is not required (i.e., Kim Larsson, a Licensing Specialist with the they have much of the information on file). Gambling Control Board, handles our account. Also, find a copy of the brochure describing Big Dreams Foundation. The brochure does We recently attained the booth at these festivals and a good job describing our mission. I sla'_ really appreciate your efforts in expediting this procedure. If you have any questions, call me at 612 - 359 -9569 or (cell) 612- 369 -3847. Thanks S temi'er 5 2000 again Judy and Y will connect with you tomorrow. .; Best Regards, Ms Judy Cox City Clerk Andrew Larson, Esq. =: City of Shakopee TM ' s :.� oCr; •': alf.V:�.r: Dear Judy, Sio Dreams, Inc, 1210 foshay Tower BIG DREAMS Inc vie R►�Ke d�an'J Z 002 IM Per our conversation this afternoon, please find the following information regarding Big � Dreams Foundation, and our license application for lawful gambling with the State of . Minnesota. We have a booth set up at the Wango Tango, the K102 Fan Jam and the M�^ KDWB Last Chance Summer Dance this weekend at Canterbury Downs. Hopefully, we can sell raffle tickets at the booth to raise money for Big Dreams Foundation. We are planning to raffle off round trip airfare, hotel and tickets to the Viking / Bear game in Chicago; the 'Viking / Packer game in Green Bay; dinner for two at Ruth Chris Steakhouse; and various sports merchandise. Enclosed, please find a copy of the application we are completing for the Gambling Control Board, State of Minnesota. This will be our third successful application, should we gain your waiver, in recent months so much of the information is not required (i.e., Kim Larsson, a Licensing Specialist with the they have much of the information on file). Gambling Control Board, handles our account. Also, find a copy of the brochure describing Big Dreams Foundation. The brochure does We recently attained the booth at these festivals and a good job describing our mission. really appreciate your efforts in expediting this procedure. If you have any questions, call me at 612 - 359 -9569 or (cell) 612- 369 -3847. Thanks again Judy and Y will connect with you tomorrow. .; Best Regards, ;a Andrew Larson, Esq. =: Big Dreams, Inc. TM ' s :.� oCr; •': alf.V:�.r: d �lN' Sio Dreams, Inc, 1210 foshay Tower 821 Marquette Avenue South Minneapolis, MN 55402 pia • r:^ xti_ BSI;. a' ^ 612.359.9569 phone:. :9u1 612.341.4441 fax