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HomeMy WebLinkAbout10/03/2000 REGULAR SESSION LOCATION: 129 Holmes Street South Mayor Jon Brekke presiding 1] Roll Call at 7:00 p.m. 2] Pledge of Allegiance 3] Approval of Agenda 4] Mayor's Report 5] Approval of Consent Business — (All items noted by an * are anticipated to be routine. After a discussion by the Mayor, there will be an opportunity for members of the City Council 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.) 6] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS — (Limited to five minutes per person/subject. Longer presentations must be scheduled through the City Clerk. As this meeting is cablecast, speakers must approach the microphone at the podium for the benefit of viewers and other attendees) , *7] Approval of Minutes: August 1, 2000 *8] Approval of Bills in the Amount of $312,309.71 plus $57,299.29 for refunds, returns and pass through for a total of $369,609.00 9] Tobacco Free Future — presentation by Sharon Luth 10] Public Hearing on tax levy and tax rate for 2001 Res. No. 5413 11] Liaison Reports from Council Members 12] Recess for Economic Development Authority meeting 13] Re- convene 14] Recommendations from Boards and Commissions *A] Amendment to City Code Regarding the Regulation of Signs — Ord. No. 580 B] Report from the Library Committee TENTATIVE AGENDA October 3, 2000 Page 2 15] General Business A] Public Works and Engineering 1. Stop Sign Warrant Studies *2. Set Public Hearing for Proposed Assessments for Sarazin Street from St.-Francis Avenue to 800' South of St. Francis Avenue, 1999 -3 — Res. No. 5420 *3. Set Public Hearing for Proposed Assessments for Vierling Drive from Fuller Street to the West Plat Line of Orchard Park West, 1998 -3 — Res. No. 5421 *4. Amending Fees for Administration of Public Rights -of -Way — Res. No. 5424 B] Police and Fire * 1. Amending Fire Safety Codes and Policies, Ordinance No. 581 and Res. No. 5423 2. 2000 -2003 Police Liaison Agreement 3. 2000 -2001 D.A.R.E. Educational Services Agreement *4. Acceptance of the COPS in Schools Grant C] Parks and Recreation 1. Shakopee Youth Hockey Association Advertising and Concession Agreements D] Community Development 1. Expansion of Metropolitan Urban Service Area (MUSA) — Centex Homes 2. Construction of Utilities within Pheasant Run e Addition *3. Phase 2 Livable Communities Predevelopment Funds — Res. No. 5419 4. Contract for Improvements Related to Park and Ride Site at City /Seagate Site E] Personnel * 1. Hiring of New Firefighters F] General Administration: * 1. On Sale 3.2 Beer License and Wine License — Coffeehouse Ground Zero Inc. *2. Appointment of Election Judges 3. 2 -Month Extension of Garbage Contract 4. Wampach Property Appraisal/Offer (Block 32 OSP) *5. Tobacco License — Jiryis Tobacco 6. Changing the November 7, 2000 Meeting Date — Res. 5425 7. Set Time for Final Budget Workshop 8. Small Cities Development Program Appeal of Grant Amount 9. Request for Proposals for Refuse Collection 10. Debt Service Levy Discussion — memo on table 16] Council Concerns 17] Other Business 18] Recess for executive session to discuss labor negotiations — Public Works Department 19] Re- convene 20] Adjourn to Tuesday, October 17, 2000, at 7:00 p.m. ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Meeting October 3, 2000 1. Roll Call at 7:00 p.m. 2. Approval of the Agenda 3. Approval of Consent Business - (All items noted by an 4 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.) A.) 4 Approval of Minutes: 4. Financial A.) 4 Approval of Bills 5. Small Cities Development Program A.) Update 6. Economic Development Advisory Committee Update — Jeff Jansen, Chair 7. Informational Items A.) Parcels 43 & 37 Request for Proposals / Disposition of Property 8. Other Business: 9. Adj ourn edagoenda.doc PROCEEDINGS OF THE Hi ft7l REGULAR SESSION August 1, 2000 Members et: President Amundson, Morke, Sweeney, Link, Brekke Members Absent: None IL Auaroval of Agenda President Amundson added item V.A. Discussion on the Frequency ofeetings. rekke/Sweeney moved to approve the agenda as modified. Motion carried unanimously. Financial A.) Approval of ' s Sweeney/Morke moved to approve the bills in the amount of $860.00 for the EDA General Fund. (Motion carried under the Consent Agenda.) There would be an update on the Small Cities Grant that the City of Shakopee received at the next EDA meeting. VII Adi ournment Erekke/Sweeney moved to adjourn. Motion carried unanimously. The meeting adjourned at 9:51 p.m. J dith S. Cox DA Secretary Carole Hedlund Recording Secretary i : ii J. REGULAR SESSION July 1, 2000 Members resent: President Amundson, Morke, Sweeney, Link, Erekke Members Absent: None IL Approval of Agenda Sweeney/Link moved to approve the agenda as presented. Motion carried unanimously. M. Consent Agenda Link/Sweeney moved to approve the Consent Agenda as presented. Motion carried unanimously. A. Approval of Minutes for June 6, 2000 Link/Sweeney moved to approve the June 6, 2000 meeting minutes. (Motion carried under the Consent Agenda.) Financial A.) Approval of Link/Sweeney moved to approve the bills in the amount of $ 66,857.05 for the EDA General Fund and $120,174.06 for Seagate. (Motion carried under the Consent Agenda.) Note: The check to Seagate is due to TIF and is pay as you go. Other Business: There was no other business. CITY OF SHAKOPEE Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: September 14, 2000 Introduction 1:�4 Attached is a listing of bills for the EDA for the period 09/01/2000 TO 09/14/2000. Action Requested Move to approve bills in the amount of $39.44 for the EDA General Fund (0191). C) y N CJ y ¢7 H m C H r K o U ko L�1 H O \ y O O F H y 1-r H 11 h] x x O O H H 11 z * y H U, to II d x y 11 x y C r H H u d ID w 11 H 0 C ' H H II ro ID \o II ro =J d ro H H u 0 y y H G7 W H II O to w r C H H N If C4 z o 11 d z 11 x o II H H H II X H to \o II Ul H II x II � n O O II d ko io If \\ II y H O II t=] N m II \\ I N N II co II o O If 00 II I II II O O II II z (7 m m u O x m m II tsJ co N II I II U1 N II II C c A II CrJ H Li m II d II O II ,'cJ I C z ii tZI U1 y II U] H II (1 O CTJ z II H to > u ro y C II y 11 H p If z z n y H 11 n If rr u L=1 H II x� 11 0 -- n Z r u d II II II II � ci � C". II [a II U1 y n H O II O II CD n I II II O H If M W x ro 11 ACC u �n b7 II y II � II II d II C�J II W W W W H N 11 CU II �o �o io �o o H II H n 11 y u O I If II �A lA 1A IA - N N II II CZ II � II t II O O O o 00 II [7 II II H It O O o 0 0 0 II y 11 o 0 0 0 00 II CJ y ¢7 H m C H r K o U ko L�1 H O \ y O O CITY OF SHAKOPEE Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: September 28, 2000 Introduction Attached is a listing of bills for the EDA for the period 09/15/2000 TO 09/28/2000. Action Requested Move to approve bills in the amount of $708.52 for the EDA General Fund (0191). a C7 H N O d H O H C n H H � H r-h k, tp Cs] \ ro N O 07 \ H 0 0 O O cn cn Ln O _] Nr 10 C 1 O ` 1O 0 u O O A A A H Gl .A W N II Cd w V-1 C-1 H W O O z d u Ln ~ u � � n II 0 0 o u d \ to 11 CsJ N o N N J J J II \ \\ II N N N II O O O II O O 0 II O O O II II II II 000 II zC) u O x C- m ON n w m m m u n m m w II x J W N Ln O J 11 I 11 II In I-, W II C 0 Co 0 II Li mLn H cn II 0 ii Il II Cs� II ro O x I m II H II H II H n u O �x u u H II C�s1 C II II t7ro0 II cl, �u ro til Om >•n � xy u � � n ED y n H 'Zi O G'l II z n m n ra II ro II mro II n u o wls II �fH 's7 H d> i II In O N II U] N �o "o II O w II CD c n o Ul I � II II II 0 00 II ID to 14" u H u u d II J O UD J W II Cd II O II CO O co O m J � 11 H II H II II U7 o I II 11 N N N N O W �o u n u � p 0 o O 0 000 u C7 II o 0 0 0 000 I H n H H � H r-h k, tp Cs] \ ro N O 07 \ H 0 0 TO: Economic Development Authority FROM: Paul Snook, Economic Development Coordinator SUBJECT: Small Cities Development Program - update DATE: October 3, 2000 Enclosed is the September 2000 update on the Small Cities Development Program (SCDP) from the Carver County HRA. In summary, the HRA reports the following application activity: Applications Applications Requested /Mailed in Process or Completed Single Family Owner- Occupied Residential (goal: 30 units) Rental Residential (goal: 30 units) Commercial (goal: 15 units) TOTAL 50+ 21 11 7 (19 units) 12 5 73 33 Note: The numbers in parentheses next to the property types listed above indicate the "rehabbed property unit goals" by property type for Shakopee's SCDP program, set by the Minnesota Department of Trade and Economic Development. Sep -28 -00 03:56P CARVER COUNTY HRA 612 448 -6506 P_02 Sma Cities Shakopee Rehab WMMMM Single-Family Rehabilitation Project Recap on the program To be eligible for the program, the applicants income must be below 80% of the area median income. The homeowner will be eligible for a 50 to 100°x6 grant depending upon their income. The homeowner would need to provide leverage ranging from 0 to 50 %. The HRA has low - interest loans the homeowner could apply for to use as their leverage requirement. However, if they are not eligible for a leverage source due to poor credit, too many debts, no equity, etc., the leverage requirement will be waived and they will receive a 100% Small Cities grant. The grant is a 0 °r6 interest, 100{ have to pay the loan back homeowner loan s van home for 10 years, they �11 on a pro -rated basis of 10% per year. For example, if the homeowner moves out 3 years later they would be responsible for paying back to the City 70% of what they borrowed. After their application has been approved, Dave Schaffer, the HRXs Rehab Advisor, will schedule an appointment to inspect the home to determine what improvements can be done. Dave will draw up a work write -up for the homeowner to submit to contractors. It is the responsibility of the homeowner to select the contractor(s). After reasonable bids have been attained, the homeowner will schedule a time to close on the loan with the HRA The HRA will make the payments to the contractor(s) after the work has been inspected by Dave Schaffer. The HRA will then submit a draw request to the City (to submit to DTED) for reimbursement. summary Sheet 09/28/00 Sep-28-00 03:56P CARVER COUNTY HRA 612 448-6506 P-03 Applicants that have closed HRA Loan Number. Household Composition: Loan Amount: Gross income: Improvements: Buk�• I f,i,-zrkPf Value of the Property $72,000-00 Rental Rehabilitation Project Recap on the program Summary Sheet 09128100 52p-28-00 03:56P CARVER COUNTY HRA 612 448-6506 P-04 a Applicants that have closed �I Once have closed • a loan, vie will submit a summary • that loan to th Ci y Council; eg. owner, address, # of units, dollars borrowed. Attached is an example of wiiat the summary will entail: Monthly Rent Improvements: Summary Sheet 09128/00 Sep -28 -00 03:57P CARVER COUNTY HRA 612.448 -6506 P -05 Commercial Rehabilita Reh Summary Gross Income: Improvement's: Market Va lue of the Summary Sheet 09/28/00 •, To: Shakopee EDA Ref: Summary of EDC activities From: Jeff Jansen — Chairperson Date: Oct 2, 00 First organizational meeting was held Mar 9, 00. Election of officers was held. Jeff Jansen was elected Chairperson, Brian Langdon was elected Vice — Chairperson and Jay Lyle was elected Secretary. The 2 nd Tuesday of the Month was selected as the official meeting date at 7:00 p.m. Reviewed & discussed issues: ® Discussed & recommended to the EDA to seek proposals to update the Riverfront Master Plan • Small Cities Development Program • Reviewed ADC Telecommunications Tax Abatement • Discussed & recommended that City Hall & the Library try and stay in the downtown area • Invited City Planning Department staff to make a presentation — to educated EDC on issues Strategic Planning • Worked on and adopted a Mission statement — The mission of the Shakopee DevelopmentAuthority is to enhance the economy of Shakopee by broadening the city's job base and increasing it's revenue base through the retention, expansion, creation and attraction of quality jobs and businesses, and also through redevelopment activity. • Worked on a list of local individuals to invite to participate in a "Strategic Planning Work Shop" • Interviewed two firms to assist as facilitator during the "Strategic Planning Work Shop." The EDC should be able to decide on one of the firms at the Oct monthly meeting. We (EDC) would like to present the EDA with a finished product by the end of this year or the first of 2001. We have read & discussed numerous materials regarding Vision Shakopee, Downtown re- development and other projects throughout the community. The first 6 - 7 months has been spent "learning for the most part" but I feel as a group — we are meshing well. CITY OF SHAKOPEE Alfmmnrnndum TO: Economic Development Authority Mayor and City Council FROM: Paul Snook, Economic Development Coordinator SUBJECT: Parcels 43 & 37 Request for Proposal; Disposition of Property MEETING DATE: October 3, 2000 This is an informational item. The purpose of this memo is to update the EDA on the Request for Proposals for the purchase and development of parcels 43 & 37, and to outline the latest information from MnDOT regarding the disposition of these parcels. An advertisement was placed in the July 10th edition of the Minnesota Real Estate Journal (MREJ). After the ad was placed, fifteen RFP's were sent to interested developers and end users. The deadline for submitting the Letter of Intent was August 14''. One letter was received as a result of the ad. To generate further interest and encourage submittal of more letters of intent, staff made follow -up calls to the prospective developers that received the RFP guidelines, and found that most of them were "too busy" with current projects or did not have time to submit a letter of intent. One prospect (a large -scale retailer) thought the site would be ideal but expressed concern over the environmental uncertainty of parcel 37 and therefore would continue to look elsewhere. In mid - September, MnDOT notified Natural Resources Director Mark McQuillan that they are interested in retaining most of parcels 43 & 37 to locate and construct a maintenance facility. See Exhibit A, Mark McNeill's e -mail to Council regarding the latest developments form MnDOT. City staff will be meeting with MnDOT on October 5' to further discuss the disposition of parcels 43 & 37. Based on this meeting with MnDOT, Council / EDA will be further updated at the October 17 meeting. PaulSn From: Mark McNeill Sent: Wednesday, September 27, 2000 11:08 PM EXHIBIT To: Deb Amundson (E- mail); Gary Morke (E- mail); Jon Brekke (E -mail) Cc: Paul Snook; Mark McQuillan Subject: MNDOT Parcels MNDOT is apparently changing the playing field for both the Parcel 75 (50 acres inSouthbridge) and Pacels 37 and 43 (by the old K -Mart). MNDOT has informed Mark McQuillen they now will need to place a 17 acre maintenance facility someplace in the southern metro area, and were considering keeping a portion of parcel 75 for that purpose (with direct access off and onto 169). Lots of the trees would have to come down, and the neighbors would not be pleased. An alternative would be for them to place the maintenance facility on a portion of the 26 acre parcels 37/43, something we would see as preferable. Mark tells me that they want the City to front the cash for the construction of the building. We would then be repaid, either thru State funds, or thru proceeds from the sale of the land. It would leave about 9 acres for sale for development. There is also a possibility that the City may be able to negotiate a better deal on the 50 acres of Parcel 75. The November deadline for the City to tell MNDOT what 25 acre portion of Parcel 75 we want for park purposes is being placed "on hold." A meeting is being set up with MNDOT in St Paul next week to further explore this. Paul Snook had a report on the RFPs for development of the 37143 parcel on the EDA agenda for 1013, but I feel it would be better to wait until the 10/17 meeting, after we have had the MNDOT meeting. Note that only one RFP was received for the 37143 parcels, altho several other parties indicated an interest, but were "too busy" at this time to respond. Please advise if you have questions. CC Bob Sweeney Clete Link OMCIIAL PROCEEDINGS OF THE CrrY COUNCEL REGULAR SESSION SHAKOPEE, MMNNESOTA AUGUST 1, 2000 Official proceedings of the August 1, 2000 Shakopee City Council Page 3 Motion carried unanimously. orke/Amundson moved to approve the proposed amendment to the Comprehensive Plan to add about 23 acres into MUSA, and directed staff to prepare a resolution to submit the proposed plan amendment to the Metropolitan Council without prefiminary approval. Mr. Leek explained that there are significant areas on the site which the landscape designer has identified for planting or vegetation more in the nature of a natural area. He said that there is a Official proceedings of the Shakopee City Council August 1, 2000 Page 4 fairly significant plan for the development both natural and cultivated at the entrances. orke/Link offered Resolution No. 5393, A Resolution Of The City Of Shakopee, Mmnesota. Approving The Preliminary and Final Plat of ADC First Addition, subject to the conditions listed, and moved its adoption. Motion carried unanimously. offi proceedings of the Shakopee City Council August 1, 2000 Page 5 Originally the DNR approved the infiltration pond but they are not responsible for costs to fix the situation. Mr. VanZee addressed this issue of payment with the NR They rejected the idea of payment. The lift station was not included in the original plat, consequently the additional costs for a lift station were not approved with the original plat. Link/Amundson moved to approve the redesign of Eagle Creek Preserve stormwater facilities, to include a stormwater lift station and forcemain into the City of Savage's stormwater system, and a pond liner for the stormwater pond. Motion carried unanimously. Link/Amundson moved to authorize the appropriate City officials to execute an agreement between the City of Shakopee and the City of Savage for storm sewer system connections. Motion carried unanimously. Link/Amundson moved to authorize the appropriate City Officials to execute an agreement with the Biome Owners' Association of Eagle Creek Preserve. Motion Carried unanimously. According to Mr. Thomson, the City Attorney, the Homeowners Association of Eagle Creek Preserve needs to agree with the maintenance costs but at this point the developer is in control of the Homeowners Association. The Homeowners Association has the obligation to maintain common areas and this lift station would be built in a common area. The storm drainage fee is intended for the maintenance of gravity fed stormwater drainage systems. The lift stations for stormwater drainage are much costlier to maintain and, therefore, an additional means of funding is needed. In 1995 the storm water trunk fee was adopted. This fee pays for new development and for the operation of existing storm water systems. Official Proceedings of the August 1, 2000 Shakopee City Council Page 6 Mayor Brekke asked for public testimony at this time. Official Proc=fings of the August 1, 2000 Shakopee City Council Page more reliable. He proposed some exceptions. According to Mayor Brekke the udergrounding devices are discretionary factors for the City to d eterm i ne after the utilities have made a rebuttal commenting on the realiability. Mr. Loney wanted the City to retain discretion over the exceptions of the Right Of Way Ordinance. Mr. Loney wanted the City to manage the Right of Way Ordinance and retain some flexibility. Joe Adams, Shakopee Public Utilities, approached the podium with additional concerns regarding shallow utilities being installed over deeper utilities, thus increasing the costs for replacement of deeper utilities. They were happy with some of the changes but would like some additional devices added to the language for above ground installation. Sweeney/Link offered Ordinance No. 570, Fourth Series, An Ordinance Relating To The Administration And Regulation Of Public Rights -of -Way In The Public Interest, And To Provide For The Issuance and Regulation Of Right -Of -Way Permits; Adding Section 7.17 To The Shakopee City Code and moved its adoption. Sweeney/Morke moved to amend the language in the Right -Of Way Ordinance Subd. 24B Undergrounding of Facilities, by adding pad mount switches, capaciter banks, and reclosers before the words "shall be allowed" in the proposed Right -of -Way Ordinance, page 17. Amended motion carried unanimously. Motion carried unanimously as amended. Mayor Brekke thanked Mr. Jabs, Mr. Adams, Mr. Loney and Mr. Strommen for all of their work on this huge project. Sweeney/Morke moved to authorize staff to begin advertisement for the hiring of an additional Engineering Tech H along with the Tech H position that is being advertised for now. Motion carried unanimously. Official Proceedings of the August 1, 2000 Shakopee City Council Page 9 Waste Management on some of these same issues. Mayor Brekke said it was in the City's best interest to improve the service of the waste hauler to the residents. He preferred the dual track, where other waste haulers could be given the opportunity to respond to a RFP. Dave Weidenfeller, Browning Ferris Industries (BFI), urged the City to proceed with the 's. He felt the numbers that Waste Management received were totally unacceptable. Motion carried unanimously. There was a recess at 9:10 p.. The meeting reconvened at 9:20 p.. Mayor Brekke asked Mr. Leek if plats came in while the site has been submitted for this smart growth study, what would staff do with the plats. Mr. Leek felt this would be a policy issue for the Council to decide. An interim ordinance could be used or there could be a moratorium based Official Proceedings of the August 1, Z Shakopee City Council Page 10 on the fact that a study is being done in the area. Mayor Brekke also asked if there were willing developers and/or landowners. Mr. Leek stated that most of the developers or landowners had not been contacted. He did have conversations with Mr. Steve Soltau, a developer, regarding the Shakopee Crossings site. Mr. Leek felt Mr. Soltau was interested in doing the Calthorpe study but probably wasn't interested in having his development delayed. Cncl. Sweeney had a concern on the demand of staff's time in applying for these grants. Mr. Leek replied so far not much of staffs time has been involved. If the City were to get to the 2' phase then perhaps staff time may be a concern. There was discussion on the funding of the extra planning staff that undoubtedly would be needed if the City got to the second phase of the Smart Growth Study. Mr. Leek stated that he sees this as an effort to get different types of housing and some mixed uses. This was one of the goals of the moratorium. Mr. Leek asked for direction from the Council as to what they wanted done as far as sites were concerned for the Smart Growth Twin Cities Opportunity Site Application. Sweeney /Amundson moved to direct staff to submit application for all three sites Mr. Leek had identified. Mayor Brekke stated that the top priorities were the Old Shakopee Redevelopment Site along Downtown and the Shakopee Crossings site. There was some very excellent planning going into the Southbridge Development and it was expected that Shakopee Crossing would have the same level of planning. Steve Soltau, Shakopee Crossings, approached the podium and said he thought it was in the best interest of the City to submit all three sites. Just because a development scheme and plan is created, does not mean a developer will step forward. The focus needs to be on urbanization. Motion carried unanimously. Official Proceedings of the Shakopee City Council August 1, 2000 Page 11 used for storage if there is no elevator or stair lift. Mr. McNeill suggested that a proposal with a cost estimate be put together that would bring this building up to City Code and then the Council can determine the feasibility of renovating the building. Sweeney/Link moved to authorize the appropriate officials to execute an AIA document with JEA Architects for a study of the existing Youth Building, to provide plans and recommendations, with cost estimates, for remedial work. The Youth Building will be used as is for the time being. It is safe to use. Motion carried unanimously. Link/Sweeney moved to authorize the Minnesota River Valley Arts Association to utilize the eastern portion of Memorial Park from Friday, September 22 through Sunday, September 2e. (Motion carried under the Consent Agenda.) Mark McNeill reported on the budget workshops with the townships. The townships of Louisville and Jackson could not make the August 17' meeting. If these dates did not work then they would have to be meet with the townships individually. It appeared all Tuesdays and Thursdays would not work for the townships. Possibly August 29, 2000 might work. If this date did not work then the townships would need to meet with the City individually or submit written comments. There was slight discussion on signs that had been removed from Holmes Park during renovation. There was a recess at 9:50 p.m. for the purpose of conducting an Economic Development Authority Meeting. The meeting reconvened at 9:53 p.m. Mayor Brekke recessed the meeting for an executive session to discuss pending litigation pertaining to the Evergreen Development rezoning. Mayor Brekke re- convened the meeting at 10:10 p.m. Councilor Morke stated that it was his intent to bring the rezoning for the Evergreen Development project up for reconsideration at the August 8, 2000, City Council meeting at 4:30 p.m. Sweeney/Morke moved to adjourn the meeting to Tuesday August 8, 2000, at 4 :30 p.m. Motion carried unanimously. The meeting adjourned at 10:12 p.m. dith S. Cox �-'ity Clerk Carole Hedlund Recording Secretary CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance director RE: City Bill List DATE: September 28, 2000 �Od' Se -rl�T Introduction and Background Attached is a print out showing the division budget status for 2000 based on data entered as of 9/28/2000. 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 $708.52. Also included in the checklist are various refunds, returns, pass through, etc. totaling $57,299.29. The actual net expense amount is $312,309.71. Action Requested Move to approve the bills in the amount of $369,609.00. CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 09/28/00 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 80,130 2,988 52,630 66 12 CITY ADMINISTRATOR 249,600 15,392 196,574 79 13 CITY CLERK 219,290 7,592 120,957 55 15 FINANCE 429,990 27,154 316,373 74 16 LEGAL COUNSEL 298,500 7,714 235,970 79 17 COMMUNITY DEVELOPMENT 574,780 18,944 435,918 76 18 GENERAL GOVERNMENT BUILDINGS 253,840 7,802 158,346 62 31 POLICE 2,173,740 89,674 1,399,142 64 32 FIRE 705,840 22,433 468,449 66 33 INSPECTION- BLDG- PLMSG -HTG 428,070 27,342 338,550 79 41 ENGINEERING 541,650 63,033 404,754 75 42 STREET MAINTENANCE 904,650 22,448 506,343 56 44 SHOP 156,240 6,179 99,869 64 46 PARK MAINTENANCE 535,430 23,752 371,631 69 91 UNALLOCATED 557,010 57,051 628,207 113 TOTAL GENERAL FUND 8,108,960 399,498 5,735,713 71 17 COMMUNITY DEVELOPMENT 509,990 93,044 267,905 53 TOTAL TRANSIT 509,990 93,044 267,905 53 19 EDA 247,380 2,914 117,545 48 TOTAL EDA 247,380 2,914 117,545 48 I � I t S1 I (� I a i D l a a a a a a a a a a a a a a a a a a a a a x x x x x x x x d< I H H H H H H H H H H H H H H H H H H H H H 0000 O O 0 O M O I (l I WI o O m 1 O a X I O D 1 N z I I a I z I I 07 W I O r-I N M N U I O I I H I ` H O mmmmmmm d'd'd'd' 1 d< 111 l0 r 0000 �D 0 1 0 0 co N 0000000 0 0 0 0 0 0 O O r O 0000 01 co ,> I d< d' ri W W d' d' d< d+ d< d< d< d' d< d< d< d 11 m d< 00 c0 co co 111 Ln m to ',Z I %,D lD N U wLD ko tD LD w L9 L.D w w w LD lD lD O w HHHH OO co N H 100 Ol "D 0000000 000000 O o O O OI 0)OIm NN O H 100 (y' 0000000 000000 O O N O 0000 Hr1 c0 M I I riH r O m000000 000000 O m dl `-I HHHH 00 O O H I NN r ri MH Ol M Ln M al d<d LO d<r - 1 ri M co H N NNNN Hri M H Z I mm H m d'M MMNmm NNNNNN 111 H d m m mm m NN M N D w I 11 d N W d d d d d d< d d< d' d d d' d' d N M d< d d d'IV d' d d d O m l l I I i I I I I I i l 1 1 1 1 1 1 I I I I 11 I I 11 I I U2: 1 ri Ln N lD M HMM HHH MN ri Ln HH H N H Ln HHHH m W r-i H U I H H r NLn �10wd'mm Ln H d'N d'( N H r N NNNM Ln Ln H r-i FCZ I mm 0l ri rir MMd'M M rMdI w dIM It 0) H 00 Mm rim r- r- m M 1 0 0) O O 0 0 0 0 0 0 0 0 0 0 0 0 0 al o O 0) 0 0 0 0 00 O o z z H H z z z H H O m m < 9 WW W H W W C4 04 UU U U H z I H H\ W W\ m m fx m m W m O I �> �> l U U l z z z W W H w W U W H I a' Dx Oz z0 W W WHH m H z H H I W wow W O H H H a 7 W a a1 m mxH p z zaa z as H a H i W U m m U H H H a a H a s CO a P4 I a a I-l H 9f < m DD H D U 1 m 9 r--Crlwl\ I �vxWxmm H mm m m Co 1 rC z z W m m m W m z m W I WW >I O 0UpHDU E-IHHE -400 W w WWWW c0 D 0 Q 1 Zi Z < H H z m Q m z z z Q z z z x w z z z z z z z m z 100 a m mw\ � j \w ww zWHH w H m O 0000 H \ H I xx m CQ04 2: 2: XE-1H > Ln D x xxxx HH 1-1 H I a, a, U w w w w x w w a, a, x al l< f: 0 1 a a s 01 o, r• 9 w < I W W < rla m ri+ CL1 >U'Jw H H U HC4 C4' C4 N z Q W W W W W CG 0u J C4 i ww w a wa0aw0o aoawoLa � L w wwww aw a a IHEI FC a Q04UHXHU Ww2:W00 H r H HHHH 00 H O I [L' Ln mmmm mm U 1 D WWWW z I m m m m m m m m a U U U U Q Q H I WWWWWWW H HHHH 1 m UUUUUUU x > >D> 0 1 a' HHHHHHH m 04 Ix I 0 > > > > > >> C>' WWWW QQ Q 1 H 04 C4 0404 asa W - mmmm HH D 1 H wwwwwww z x AFC I m mmmmmmm 000000 H W mmmm 0 , H U U U U U U � 9 w Cl) w w m V) z z Q ° Q ; 9������ mmmmmm a 0 aaaa xx z z l -S H H H H H H H H H H H H H U W W W W H H H z UUUUUUU Rj 0.j���� W x HHHH �� � w p FF a GG � a 4 aaaa H 3333 w w Q 1 E-(H H HHHHHHH WWWWWW x FC U HHHH FCI� Ia I z rZ4 FX4 rX4 F14F4r=4 Cz4 zzzzzz H H HE-1 H L ctS�2i U W H zzzzzzz H H HHH 0 p a' H z I.Zi � Is 18 I z�z r4 � 4 FC�C�Cr� ��CrC MER h W O a HHHH D> W a 'HH w 0 aaaaaaa WwwWWw H U a 1 99 X4 U w wwWWW 000000 x a m m 1 1 1 # -K i< # -k •K -k i< -k i< i� is -K 1 00 NO Lo Ln 111 Ln 0001 Ln H00M 00 ri m Ol d•L9H Ln Ln 00 00 co co r0r r ri a1W Ln L11 Ill r 1 LDr W rr rr OLn NcO Ln OOH ow CO w%D r W 0700 ri ri Ln Ln H Od<O C) w Ln NCO r- E- NN I 1 c - I d< lD Ol 01 ri H Lfl CO Ol OD L11 r O d< a0 [}' Ln Co N r r O O CO CO Ol d> Ol 0\ ri N r-i H Ln Ol lD Lfl M m %.D LD 0 1 O i0 lD r-i r-1 111 Ln O rA N M 00 l• Ln r L)-L} ko N M —d< N N M M H r-I m M ri ri ri ri W i/l- m d< d< d' ri ri I ri t/t .--1 lD lD Ln Ln N m ri r N N m N 00 VY r-I O d' d' N N 1? v)- d< d< V) 'V) V) V)- -V� Ml- . i? vl- I ri ri M m N ri N N x 1 jL� t? 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L}L} l0 l0 l0 l0 Ql i z� 0 co co 00 co co 00 N N N N N N N al rn 01 Q\ al T 41 1 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 C) 0 0 0 0 0 0 1 0 0 0 0 0 0 0 I N N N I N N N N I � I- 00 m o I rn rn m rn o I 00 n 00 n 00 n co n M n I w 4K l0 i1 w -k I w v w v �o v w v 110 v a� rn M a M 0 0 0 N a w m 00 N P' cn x U W x U H U z 0 U I I I I I I I I I I I I I I t I t 1 1 t I t I I I I I I I i I I I I i (— LI) N O Ol O O M O M L— W O L- M O N to co co M M l Ol H ON L(1 Ln M to r Ol , �V lD O c0 M lD M M M O N LO M O M O M M L— \D H N W N r/T L— N N t? ' d N w N L N r H to -1 N i--i w t? H tD OD co 2/? H M L} Fi4 z C7 H � Q W Q z z w o H a rL4 �' U o H rn m —4 W a Q V) W Z x O a H r-I H � O W H H a W m , FC Ul s D 0 H � Q 0 [f1 Z w W ul W li Q � z O H FC W W z U H �> '� P Z H W o H U Q O E W 3 U] 3 O m W H O o C rl Ln r-I ri N t` M w d' d m d d+ N Ln V O c-I r O M t O 'v r- O m O co r- to N co O d' co 41 *k *k 7k *k :W 4k *k #k k #, 4k #k Q z w Q z w Q z w Q z w Q z w Q z w Ll z w Q z Q z w Q z w Q z w Q z w Q z w Q z w Q z w TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Tobacco Free Futures Presentation DATE: September 27, 2000 WIN RI As part of a special item of business, at the meeting of October 3 there will be a presentation by representatives of the Tobacco Free Futures Project. W 1' The Mayor has been contacted by Sharon Luth, community organizer for the Tobacco Free Futures Organization. Ms. Luth will spend 20 to 30 minutes before the City Council to talk about what Tobacco Free Futures is doing, and what action is desired locally to discourage smoking in public places. Attached is information provided by the Tobacco Free Futures group. Mark McNeill City Administrator I I '1 l�J City of Shakopee Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: Increasing Tax Rates and Levies DATE: September 8, 2000 Introduction Cities must hold a public hearing and pass a resolution to increase tax levies and rates. The increase is calculated by taking the pay 2000 non -debt tax levy, dividing it into the pay 2001 tax capacity to get a calculated tax rate (dollar levy stays the same) and comparing the result to the pay 2000 tax rate. In a growing city with an increasing levy, this will result in the calculated tax rate being lowered because of the growth in the tax capacity. The City is intending to increase the dollar amount of the general operating tax levy for pay 2001 compared to 2000. The rate for 2000 is 20.132. If the tax levy did not change it would be about 15.8. Anticipated rate for 2001 is estimated to be about 18.6. Attached is Resolution No. 5413 which needs to be forwarded to the county by 10/20/00. Action 1. Open public hearing 2. Receive comment 3. Close hearing 4. Offer Resolution No. 5413 A RESOLUTION AUTHORIZING A TAX RATE INCREASE FOR THE 2000 TAX LEVY, COLLECTABLE IN 2001, and move its adoption. Gregg Voxland Finance Director g: \budget01\budres01 RESOLUTION NO. 5413 A RESOLUTION AUTHORIZING A TAX RATE INCREASE FOR THE 2000 TAX LEVY, COLLECTABLE IN 2001 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, COUNTY OF SCOTT, MINNESOTA, that the county auditor is authorized to fix a property tax rate for taxes payable in the year 2001 that is higher than the tax rate calculated pursuant to Minnesota Statutes 275.078 for the city for taxes levied in 2000, collectable in 2001. Adoption of this resolution does not prohibit the city from certifying a final levy that will result in no tax rate increase or a tax rate decrease. The City Clerk is hereby instructed to transmit a certified copy of 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 October, 2000. Mayor of the Cit y of Shakopee ATTEST: City Clerk M111, TO: Mayor & City council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Text amendment regarding Signage DATE: October 3, 2000 r INTRODUCTION The City has initiated a text amendment regarding directional signage. The Planning Commission reviewed the proposed text amendment at its September 21, 2000, meeting and has unanimously recommended approval. Attached for the Councils reference is a copy of the September 21 memorandum to the Planning Commission. ALTERNATIVES 1. Approve Ordinance No. 580 as presented. 2. Approve Ordinance No. 580 with revisions. 3. Do not approve the text amendment. 4. Table the matter to request additional information from staff. ACTION REQUESTED Offer Ordinance No. 580 and move its approval. Julie Klima Planner II g. \cc\2000\cc1003 \tasi9ns.d0c ORDINANCE NO. 580, FOURTH SERIES MINNESOTA 1 1 1 1 1 1 THE Crry COUNCIIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 -That City Code Chapter 11, Zoning, Section 11.70, Signs, Subdivision 7.A and B are hereby amended by adding the language which is underlined and deleting the language which is Am . Section 11.70, Subd. 7. A. "Directional signs. Each separately owned tract of land may have one (1) directional sign on its premises Off site signage shall not be allowed Major commercial recreation facilities and business complexes may have one (1) directional sign for each driveway intersecting with a public or nvate street or shared access area Directional signs shall bear no advertising and shall not exceed four (4) square feet in area. Directional signs shall be limited to three (3) f et in hei t. B. Recreation directional signs. Directional signs about public recreation or major commercial recreation facilities shall not exceed twelve (12) square feet and shall be allowed in the agricultural preservation (AG), highway business (B1), major recreation (MR), light industry (11), and heavy industry (12) zones. One 1) directional sign may allowed per dfiypwa y interse ing with a public or private street or shared access area. Recreation directional signs shall be limited to three (3) feet in height Off site signage shall not be allowed Section 2 - - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of . 2000. Mayor of the City of Shakopee City Clerk Published in the Shakopee Valley News on the day of , 2000. PREPARED BY: City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Julie a, Planner Il Text Amendment for Revisions to the Sign Ordinance DATE: September 21, 2000 Criteria #1: That the original zoning ordinance is in error. Finding #1: The original zoning ordinance is in error. The ordinance does not include for provisions necessary to regulate standards such as, height and specific location points The proposed revisions make an effort to accommodate for those provisions. Criteria #2: That significant changes in community goals and policies have taken STAFF C A N Staff recommends that the Planning Commission review the proposed text amendment and recommend approval to the City Council (Alternative Nos. 1 or 2). ACTION REQUES Offer a motion to recommend approval of the proposed text amendment to the City Council, and move its adoption. �Tu e K11Ina Planner II g:\ boas- pc\2000\sept2l \t =msigns.doc i 1-I . Q, City of Shakopee TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tracy Coenen, Management Assistant SUBJECT: Recommendations From Library Committee MEETING DATE: September 5, 2000 Introduction The City Council is asked to discuss and evaluate the recommendations presented by the Library Committee. Recommendation 1) Build a two -story library on the current downtown library site. 2) Lease a building to house an interim library during the one -year construction period of the new library. 3) Purchase remaining buildings on the current "library block" as they become available for future expansion, parking and greet space of the library. Action Required Council is asked accept or decline the recommendations of the library committee and proceed accordingly. Tracy Coen n Management Assistant 1 SCOTT COUNTY LIBRARY GENERAL PUBLIC LIBRARY • • The essential requirement in selecting a public library site which is common to all the research on the subject is that a public library should be as accessible as possible to the greatest number of us Libraries, Iike most public buildings, generally must serve for half a century or more and can use any possible advantage to insure that the library's full public service potential is realized and maintained. The location of the library and its relationship to present and future social, transportation and business patterns will have a direct effect on the extent the general public will make use of its library resources. Convenience of access will build up the volume of use and this greater volume will decrease the per user cost of service. Public library sites should be evaluated in much the same way that a business person researches desirable retail locations. There are two primary criteria which normally have some absolute limitations. These criteria are: 1. Size and Shape of Property The site must be of adequate area and appropriate configuration to allow construction of [he programmed building and necessary parking. 2. Cost and Availability The property must be available to either negotiated purchase or through condemnation at a price the library is willing and able co Pay• These two factors must be considered first since the size and the cost of the property are givens.. which must be met before other criteria can be considered. Additional and related criteria which should be applied to any prospective location under consideration in descending order of importance are: ` 1. Relationship of the location to the entire library service area population. ` l 2. Vehicular access within the area served, relationship to major arterial highways. 3. Visibility and ease of identification of the building and its services. 4. Access to parking: on -site, street or municipal. 5. Pedestrian traffic and ease of access in the immediate area. 6. The drawing influence of adjacent activities - retail, public, and private services. 7. Amenities: aesthetic factors and potential enhancement to an area, scenic view, replacement of deteriorating structures. 8. Liabilities: unsuitable neighboring activities, flood plain, industrial area, etc. 13 CITY OF SHAKOPEE A1fPmnrt7nrhim TO: Mark McNeill, City Administrator Tracy Coenen, Management Assistant Library Committee FROM: Paul Snook, Economic Development Coordinators SUBJECT: Estimated Acquisition Costs — Library Sites DATE: August 23, 2000 Following are the pertinent facts and site analysis for potential downtown library sites. Estimated Property Acquisition Costs: Commercial value of vacant land is based on $4 - $4.50 per square foot along the 1St Avenue corridor, and $3 — 3.50 per square foot for property away from 1 St Avenue. Commercial value of land with buildings is based on Estimated Market Value (EMV) being approximately 92% of actual sale price. Residential value is based on EMV being approx. 90% of actual sale price. (Source: Scott County Assessor) Estimated Average Relocation Costs in Twin Cities Southwest Metro: Single - Family House $30,000 — 35,000 / home Apartment Tenants $9,000 — 12,000 / unit (this depends upon the rent) Businesses $20,000 (it is typical for small businesses to opt for the $20,000 payment in lieu of actual expenses) (Source: Conworth, Inc. Relocation Consultants) Estimated Demolition Costs: Demolition costs are based on cubic feet of building above grade (basement is not included). Most properties identified in this report are of "light construction", commanding a minim of 25 cents / cubic: foot. Heavy construction (concrete, steel frame, etc.) costs a minim of 45 cents /cubic foot Asbestos abatement and removal of storage tanks are additional costs not included in general demolition costs. (Source: TKDA, Inc). Additional time (beyond what the timeline of this memo allows) would be needed to estimate demolition costs (figuring cubic footage of buildings, etc.) Estimated Construction Costs: Construction costs assume an improved site (utilities, etc.) The cost of a 23,000 square foot new library would be in the range of $2,100,000 — $3,300,000 for construction costs only. Additional costs include architectural / engineering fees, asbestos abatement and testing, and excavation for high bedrock conditions (Source: JEA Architects) SI'Z'E ANALYSIS Where displacement of existing businesses, residents and institutions is necessary for placement of a new library, every effort should be made to retain those existing uses elsewhere in the downtown district in order to maintain the critical mass of development and corresponding economic activity. Block 2 Positive Attributes: Large site; few occupants to relocate and less cost of demolition (site is half vacant); access on 1 st Ave. Negative Attributes: Away from downtown's pedestrian- oriented core; B -1 zoning requires parking on site; possible displacement of three businesses from 1" Ave corridor. Estimated Site Costs (demolition not included): Acquisition 745,000 Relocation 80,000 Construction 3,300,000 TOTAL $4,125,000 Positive Attributes: Large site; redevelopment would eliminate current blighting conditions; few occupants to relocate; access on 1 St Ave. Negative Attributes: away from downtown's pedestrian - oriented core; B -1 zoning requires parking on site; possible displacement of residences and church from lst Ave corridor Estimated Site Costs (demolition not included): Acquisition 645,000 Relocation 190,000 Construction 3,300,000 TOTAL $4,135,000 0 2 Block 25 (existing post office) Positive Attributes: Large site; redevelopment would eliminate current blighting conditions; located in downtown's pedestrian oriented core; public parking on adjacent blocks; access just off l Ave. Negative Attributes: Possible displacement of four businesses, post office, and residences from downtown. Estimated Site Costs (demolition not included): Acquisition 1,100,000 Relocation 204,000 Construction 3,300,000 TOTAL $4,604,000 Block 29 (current library site) Positive Attributes: Cost of site — City already owns; redevelopment would add critical mass of physical development in downtown; located in downtown's pedestrian oriented core; public parking on adjacent blocks. Negative Attributes: If part of north half of block were acquired there would be possible displacement businesses from downtown. Estimated Site Costs w/o acq. of NW part of block (demolition not included): Acquisition 0 Relocation 0 Construction 3,300,000 $3,300,000 Site Costs Assuming aeg. of NW part of block (demolition not included): Acquisition 300,000 Relocation 100,000 Construction 3,300,000 TOTAL $3,700,000 a 3 BIock 23 (existing City Hall) Positive Attributes: Cost of site / building — City already owns; located in downtown's pedestrian oriented core; public parking on site and on adjacent blocks. Negative Attributes Cost of interior retrofit is unknown. Estimated Site Costs (demolition not included): Acquisition p Relocation p Retrofit Unknown TOTAL Unknown Alternative Sites: BIock 31 • Next to Scott County Historical Society • SCHS needs to expand and has expressed interest in a shared facility with the . library Blocks 48 and 47 • Scott County is acquiring these blocks for future parking and building expansion needs • Administrative officials indicate that this site could be :considered for the new library 11 WIR vcml�. 0 z Y Q d U_ J m D a ;; v. p� © ° s NOW Eflaw I vo , s vo �■� 0 ■v o' - If a v �v i •• i n 'qt` - E n- vo 7 U O O (D n its ' v �w 00 !! A 1 A 1 1 1 1 1 L City of Shakopee Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tracy Coenen, Management Assistant SUBJECT: Recommendations From Library Committee- Part II MEETING DATE: 5, 2000 Introduction The City Council is asked to discuss and evaluate the recommendations presented by the Library Committee. Background The library committee has evaluated and reviewed multiple alternatives for a new library site. In an effort to select the best library site for the community the committee evaluated downtown, citywide and community center sites. During the process of evaluation the library committeel)received and reviewed Jack Anderson's architectural building analysis. 2) visited the Prior Lake, Savage and Lakeville libraries to assess costs, design and the like. 3) examined downtown and Community Center maps to examine traffic, access, flood plains and ownership of the land. 4) visited downtown sites and the Community Center site 5) examined and questioned current and future cost concerns, economic development impacts and the community needs 6) the group has also studied parking needs, demographic trends and future needs of the City to determine an appropriate size and type of a library. The Library Committee unanimously recommended to City Council on July 18, 2000 to keep the library in the downtown. The library committee also considered recommendations from other community groups like Vision Shakopee. New library costs will be split between the City and the County. The City will be responsible for the 1) cost of the land 2) demolition of site 3) construction of new library ($3.1 million) 4) operational costs, which include insurance, utilities and maintenance. 5) Transitional (interim site) library site 6) one of the library moves during construction (if the City decides to operate an interim library). The City of Shakopee paid $21,199 in 1999 to operate and maintain the current 6,000 sq.ft. library. The City of Savage paid $40,000 in 1999 for its 20,000 sq. ft. library. Although the size of the library will more than triple, the operational costs should not triple due to technological efficiencies. Scott County is responsible for 1) one of the moves for the interim library 2) staff 3) moving of the computer lines /data lines in the interim library site 4) new equipment, furniture and library materials including technology. Currently Scott County's projected 2002, they have budgeted for furnishings and staff for a new Shakopee Public Library. A two -story library on the current library site was recommended due to the size of the lot, which allows for a 2 -story library with possible expansion. A two -story building will also help to maintain a visible presence in the downtown and blend well with the other multi- story buildings in the downtown area. The City has two options 1) provide an interim library 2) provide no library space. If an interim library is not provided Shakopee's residence could use other county library services, but the City will still need to provide an acceptable space to store the books. The committee has suggested 3 interim library sites 1) the old "Red Owl" on First Street 2) River City Center 3) Old Shakopee Mall. Recommendation The library committee voted unanimously to: 1) Build a two -story library on the current downtown library site. 2) Lease a building to house an interim library during the one -year construction period of the new library. 3) Purchase remaining buildings on the current "library block" as they become available for future expansion, parking and greet space of the library. Janet Williams, County Library Director, is in agreement with the Library committee on each of the three recommendations. Due to a scheduling conflict she was unable to attend, but is open and willing to take comments from the Council at a future council meeting or in person. Action Required Council is asked accept or decline the recommendations of the library committee and proceed accordingly. Tracy Coenen Management Assistant 2 J E * q AARCHITECTS EXECUTIVE SUMMARY LIBRARY Conclusions: • The existing building is in a great downtown location. • The existing building is in fair shape, but needs major updating. • The existing building is too small for future library use. • From a structural standpoint, a second level - is not possible to be added on to the building. • The existing site is somewhat limited,-as indicated in the attached site study drawing Al and ideally, the triangular portion of land to the Northeast would be added to the existing site. • Future building size at a population -of 30,000 would be 30,000 x .6 = 18,000 + 5,000 miscellaneous and contingency space = 23,000 square feet. • Future building size at a population of 38,000 would be 38,000 x .6 = 22,800 + 6,200 miscellaneous and contingency space = 29,000 square feet. • The attaches} site study drawing Al maximizes the site for use that would allow for 34,300 square feet of space. • The cost of the remedial work on the existing building would be in the range of $200,000- $300,00® plus additional costs. • The - cost of a 23,000 square foot new library would be in the range of $2.1 Million to $3.3 Million in construction costs, plus additional costs. Note: Additional Costs Include: • Existing Building Maintenance Costs • Architectural /Engineering Fees • Equipment/Fumiture • Asbestos Abatement • Testing If this site is to be utilized, build a new library on the east end of the site. o ' C? Q w o AG MS NV 3115 z AUVNe11 JN1SDS ~ m w ❑ ❑ ° U) 44 ♦ d �0 s 0� ` - S, $I F m F- J 1 Z I d l Cl) H j S3,01S ,6L'ltl 313Orn� /f1.�`i,86.DOS -- S3M015 �jtlNYd 33N015 .�: ' _ I ss�_ _ / ss ss CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Stop Sign Warrant Studies DATE: October 3, 2000 The City Engineering Department has conducted several traffic studies for stop sign warrants. Attached to this memo are the traffic studies and staff's recommendations. lYZ�111►1I�i Throughout the year, staff has received requests for traffic sign studies from residents, Council and staff. Attached is a traffic study on various intersections in the City as follows: 1. 5 Avenue & Holmes Street 2. 10 Avenue & Spencer Street 3. St. Francis Avenue, Groveland Way, Anton Way 4. 4 Avenue & Atwood Street 5. 13 Avenue & Polk Street 6. 17 Avenue & Sarazin Street 7. 1 Avenue & Lewis Street 8 7 Avenue & Market Street 9. 2nd Avenue & Sommerville Street The City of Shakopee prepared a Signing plan to address the signage in the City and policies for traffic control signage. Per City Code, the installation or removal of any traffic regulatory signs must be authorized by the City Council. Included in the 2000 Traffic Data report is the current "Stop Sign" Policy that is adopted by the City. Study Areas #1, 3, 4, 5, 7, 8 & 9 were investigated for stop sign control Study Areas 42 and #6 had traffic counts taken to review the level of traffic and traffic circulation patterns. The intersections were reviewed for accident history, traffic volumes, sight distance, pedestrian volumes and traffic speed. After review of the studies, staff is recommending the following: Study Area #3 — A temporary 4 -way stop sign was installed at the intersection of St. Francis Avenue and Sarazin Street. Study Area 94 — A multi -way stop sign should be installed at the intersection of Atwood Street and 4 Avenue with the addition of stop signs on Atwood Street. Study Area #7 — The intersection of 1 Avenue and Lewis Street should have stop signs on 1St Avenue added to make the intersection an all way stop due to traffic counts, pedestrians counts and limited sight distance in a downtown retail area. Study Area #9 — The intersection of 2nd Avenue and Sommerville Street should have stop signs added on Sommerville Street and an all -way stop intersection due to limited sight distances, traffic counts and railroad crossing at this intersection. 1. Direct staff to install stop signs as recommended to the intersections in Study Areas #4, #7 and #9. 2. Direct staff to install stop signs in other locations as determined by the City Council. 3. Table for additional information from staff. I �7XCITUT V- 151017M Il [W Staff recommends Alternative No. 1. MMH 1111 W 111» Direct staff to install stop signs as recommended to the intersections in Study Areas 44, #7 and #9. Bruce Loney Public Works irector BL /pmp STOPSIGNS FTITITI W110 Volume and Speed Data Including Relevant Intersection Data MUMIMEM Engineering Department City of Shakopee 129 Holmes Street Shakopee, Minnesota 55379 (952) 445 -3650 • 1 ' If City of Shakopee 2000 Traffic Data CoverSheet ......................................... ....... ............. ........... ...........................Page 1 Tableof Contents ................................................... .............. ........... . . . . .. ...........Page 2 StudyMemo ........................ ............ ............. ...... ........------ ........ - -- .............Page 3 Recommendations........................................................... .......... ................ . . . .. ..Page 4 Shakopee Stop Sign Policy ............Pages 5 - 10 Location Ma Page 11 Map ................................... ......................... . . . . .. Study #1: 5 th Avenue & Holmes Street .. ............................... ..........................Pages 12 - 17 Study #2: 10 Avenue & Spencer Street . ............................... ..........................Pages 18 - 23 Study #3: St. Francis Avenue, Groveland Way, Anton Way ......... ..........................Pages 24 - 30 Study #4: 4 th Avenue & Atwood Street ... ............................... ..........................Pages Study #5: 13 Avenue & Polk Street ...:.. ............................... .........................Pages 39 - 43 Study #6: 17 Avenue & Sarazin Street .. ............................... .........................Pages 44 - 47 Study #7: 1" Avenue & Lewis Street ....... ............................... .........................Pages 48 - 52 Study #8: 7 th Avenue & Market Street ............................. ................... .... .. .... .. .Pages 53 - 56 Study #9: 2" d Avenue & Sommerville Street ........................... ..........................Pages 57 - 61 MEMORANDUM DATE: September 26, 2000 TO: Bruce Loney FROM: Ryan Halverson SUBJECT: 2000 Stop Sign Study As you are aware, it is the intent of the City of Shakopee to update and maintain an accurate record of traffic data in the City of Shakopee. Traffic volume collections and intersection studies are conducted yearly to collect the newest traffic patterns and volume data. The City of Shakopee will also conduct a traffic study when a traffic control change is requested. The concerned resident must provide the City of Shakopee with a petition containing names, phone numbers, and signatures of 80% of residents living within 400 feet of the intersection to be studied. As requested, a stop sign warrant study was conducted at several intersections throughout the city. This report contains the data that was collected by the studies. Also included are recommendations for any traffic control changes that need the City Engineer's review and the City Council's approval. RECOMMENDATIONS DATE: September 26, 2000 TO: Bruce Loney FROM: Ryan Halverson SUBJECT: 2000 Stop Sign Study After studying the intersections listed in this report, recommendations have been made for three intersections in the City of Shakopee. Traffic Study #4: Due to closure of Fuller Street and the new addition of the Scott County Courthouse, both vehicular and pedestrian traffic has increased significantly on 4 th Avenue & Atwood Street. The volume of vehicles and pedestrians at this intersection meets requirement for a four -way stop sign. The intersection of 4 th Avenue & Atwood Street also has a two - year accident history that can be corrected by the installation of an all -way stop. It is my recommendation to add stop signs on Atwood Street to make this intersection an all -way stop. Traffic Study #7: The intersection of 1 St Avenue & Lewis street lies in the heart of the downtown business district. This intersection has a high volume of both vehicular and pedestrian traffic. A main concern at this intersection is the safe stopping /sight distance. Both vehicles parked along the businesses and the buildings prevent motorists from a proper line of sight. These conditions combined leave for a dangerous intersection. It is my recommendation to add stop signs on I" Avenue to make this intersection an all -way stop. Traffic Study #9: The intersection of 2 nd Avenue & Sommerville Street is adjacent to the Shakopee Post Office, Qwest, and several other downtown businesses. This intersection has a high vehicular and pedestrian traffic volume. The sight distance at this intersection is low and making turns from 2 nd Avenue is difficult. The addition of stop signs at this intersection should alleviate traffic congestion and provide for control. It is my recommendation to add stop signs on Sommerville Street to make this intersection an all -way stop. All other data collected in the studies in this manual should be kept on city file for future reference and possible traffic control changes. 1 STOP SIGN POLICY The traffic control at an intersection is critical to the operation of both intersecting roadways. If incorrect traffic control is installed for the existing traffic conditions and topographic characteristics of the intersection, unduly delays and even unnecessary accidents could occur. The traveling public, especially persons not familiar with the area, typically drive based on instinct. Drivers subconsciously evaluate their surroundings to determine if a stop sign or yield sign should or shouldn't be located on an intersection approach. It is very difficult to determine what the correct intersection control shouldbe, however, the following factors shouldbe evaluated when determining intersection control. Traffic Conditions: The traffic conditions of an intersection include: • Traffic approach volume; • Speed of traffic approaching the intersection; • Number of turning vehicles in an intersection; • Vehicle makeup (i.e. trucks, buses, etc.) Topographic Conditions: The topographic conditions of the intersections are the physical features in the area, including: • The grade of each approaching roadway; • Location and size of adjacent buildings or structures; • Angle of the intersection; • Geometrics (number of lanes) of the intersection; • If a school, park or major pedestrian generator is located in the area Human Factors: Human factors are very difficult to define. They can include: • The age of a driver; • How a driver responds to certain situations; • Physical attributes of the driver Based on these conditions and factors, potential intersection control should be evaluated and determined. Several techniques have been developed to determine what type of intersection control is warranted at a specific location. Policies for two -way and all -way stop sign installation are discussed below. Shakopee Signing ` WSB Project No. 1014.16 Section 11 Page 3 Intersection Control Policies: When developing policies for two -way and all -way stop sign controlled intersections, the traffic conditions and topographic conditions can be used quite readily in the analysis procedure. The human factors are very difficult to define and evaluate as part of the analysis procedure. Therefore, engineering judgement should be utilized when evaluating the human factor of the analysis procedure. Analysis Procedure: The best procedure in evaluating the need and location of two -way or all-way stop sign control can be found in the Minnesota Manual on Uniform Traffic Control Devices (NEV=CD), Section 2B -5. Based on those warrants, the following two -way and all -way stop sign installation procedures should be followed: Step 1: Request for intersection control evaluation This request can come from either a resident, the City Council, or from staff observation of a particular intersection. If a request is made from a resident, a signed petition of more than 80% of the households within a 300` radius of the intersection, must accompany the request. A stop sign installation request form is included in Appendix D. SteT2: Data collection This step in the procedure should be conducted in two phases. The first phase would include collecting the data necessary for the initial evaluation (step 3) and the second phase would be the data collection required for a full intersection control study (Step 4). The data required for each phase is listed below. Phase 1 • Average Daily Traffic Volume data. ® Accident summary. " • Initial site visit. Phase 2 • Traffic speed. • Vehicle classification. • Pedestrian data • Intersection topographic information. • Detailed accident data. Shakopee Signing - - - WSB Project No. 1014.26 Section 11 Page 4 Detailed site visit viewing the intersection operations for the peak hours of a typical day. Step 3: Initial evaluation An initial evaluation of the intersection should be completed to determine if a detailed intersection control study should be performed. This evaluation is something that can be applied with minimal data (i.e. ADT traffic volumes, accident history and roadway geometrics). This procedure is as follows: A. Minimum traffic volume If a daily volume of more than 1000 vehicles per day on all combined approaches exists, the intersection is a candidate for an intersection control study or, B. Accident history If there are more than two reported accidents per year in the previous two years or, three accidents in the previous 12 month period, of a type that is correctable with stop sign control (i.e. right angle or turning in front of another vehicle), an intersection is a candidate for an intersection control study. If the intersection does not meet these requirements no further study will be completed without direction from city council. A letter to the resident requesting the information, outlining the findings will be sent by the Public Works Director. This letter will include the City's policies for appeal of the engineers decision. Step 4: Intersection Control Study If the initial evaluation concludes that an intersection control study is necessary, the following procedures will be followed to determine which type of traffic control is required. A. Intersection operation analysis This would involve analyzing the operation o f the intersection using the current version of the Highway Capacity Manual to determine the Level of Service and potential delays on specific approaches. This analysis can be conducted for either a two -way or four -way stop sign controlled intersection. Shakopee Signing WSB Project No. 1014.26 Section II Page 5 B. Collector /Arterial Intersections The analysis procedure should only be used for the intersections of collector or arterial roadways. The analysis procedures as outlined in the MnMLJTCD should be conducted to determine if a two -way or four -way stop signed controlled intersection should be installed. These procedures are as follows: Two -way stop sign controlled intersection 1. Intersection of a less important road with a main road where application of the normal right -of -way road is unduly hazardous or, 2. Street entering a through highway or street or, 3. Unsignalized intersection in a signalized area or, 4. A combination of high speed restricted sight distance and serious accident history indicating a need for control by a stop sign or, All -way stop sign control 1. Where traffic signals are warranted and urgently needed, the all -way stop can be an interim measure or, 2. An accident problem indicating that five or more reported accidents of a type susceptible to correction by a multi -way stop sign installation in a 12 -month period or, 3. Minimum traffic volumes: a. A total vehicular volume entering the intersection from approaches must average at least 500 vehicles per hour for any eight hours of an average day and b. The combined vehicular..and pedestrian volume from the minor street or highway must average at least 200 units per hour for the same eight hours, with an average delay to minor street vehicular traffic of at least 30 seconds per vehicle during the maximum hour but C. When the 85% approach speed of the major street traffic exceeds 40 MPH, the requirements can be reduced to 70 %. C. Local Street Intersection This analysis procedure should only be used for the intersection of two local streets. This analysis uses the data as collected in Step 2 of the stop sign control policies. The analysis procedures, as outlined below, should be Shakopee Signing - WSB Project No. 1014.26 Section 11 Page 6 conducted to determine if a two -way or four -way stop sign controlled intersection should be installed. The procedures are as follows: Two -Way Stop Sign Controlled Intersections 1. If the major street traffic volume is more than 1000 vehicles per day and the minor street traffic volume is less than 50% of the major street traffic volume. 2. There has been more than two reported accidents, per year in the previous two years or, three reported accidents in the previous year of a type correctable with stop sign installation. 3. The pedestrian volumes across the minor approach (that which would be stopping) is more than 15 pedestrians per hour during the A.M. and P.M. peak traffic hours. 4. If the safe stopping sight distance of the minor approach is restricted by less than 300 feet by horizontal and/or vertical roadway alignment or by other permanent obstructions. If two of the four conditions are met, this intersection would be a candidate for two - way stop sign control. All -Way Stop Sign Control 1. If the major street traffic volume is more than 1500 vehicles per day and the minor street traffic volume is greater than 750 vehicles per day. 2. There has been more than two reported accidents, per year in the previous two years or, three reported accidents in the previous year of a type correctable with stop sign installation. 3. If the pedestrian volumes crossing any approach is more than 15 pedestrians per hour during the A.M. and P.M. peak traffic hours. 4. Ifthe safe stopping sight distance on uncontrolled approach is restricted by less than 300 feet by horizontal and/or vertical roadway alignment or other permanent obstructions. 5. If the 85 percentile speed in the intersection is greater than 35mph and the highest reported speed with two or more observations is greater than 45mph. If three of the five conditions outlined above apply, this intersection is a candidate for all -way stop sign control. Shakopee Signing - WSB Project No. 1014.26 Section 11 Page 7 — . If the intersection meets the requirements, as outlined above, for either a two -way or all -way stop sign control, the intersection is considered a candidate for stop sign control. Based on this analysis and further review by city staff, a recommendation will be made to City Council to either install or not to install the stop sign control. If the intersection does not meet these requirements no further study would be completed without direction from city council. A letter to the resident requesting the information, outlining the findings will be sent by the Public Works Director. This letter will include the City's policies for appeal of the engineers decision. Shakopee Signing WSB Project No. 1014.26 Section 11 Page 8 Holmes Street South — Heading Northbound Holmes Street North — Heading Southbound Engineering Department City of Shakopee 129 Holmes Street Shakopee, Minnesota 55379 • . . MUMS= (952) 445 -3650 5 Avenue East — Heading Westbound 5 Avenue West — Heading Eastbound Does the Intersection of 5th Avenue & Holmes Street Meet the Warrant for a Two -Way Stop Sign? A stop sign is warranted if two of the following four conditions exist: (Conditions are from the Shakopee Signing Manual, October 26, 1998) l.) If the major street traffic volume is more than 1000 vehicles per day and the Minor street traffic volume is less than 50% of the major street traffic volume. The major street, Holmes Street, does meet the requirement for traffic volume with an average daily count of 1059. The minor street, 5 th Avenue, has an average daily count of 478 vehicles, which does meet requirements. However, the minor street has an inconsistent volume pattern, as the western approach has much higher traffic than the eastern approach. 2.) There has been more than two reported accidents, per year in the previous two years or, three reported accidents in the previous years of a type correctable with stop sign installation. The intersection of 5 th Avenue & Holmes Street had zero (0) reported accidents in both years 1999 and 2000. The intersection does not meet the requirement. 3.) The pedestrian volumes across the minor approach (that which would be stopping) is more than 15 pedestrians per hour during the A.M. and P.M. peak traffic hours. The intersection of 5 th Avenue & Holmes Street has a very high pedestrian volume due to the Scott County Courthouse located adjacent to the intersection. The intersection does meet the requirement. 4.) If the safe stopping distance of the minor approach is restricted by less than 300 feet by horizontal and /or vertical roadway alignment or by other permanent obstructions. Sight distance is not an issue at this intersection. The intersection does not meet the requirement. Does the Intersection of 5 th Avenue & Holmes Street Meet the Warrant for a Four -Way Stop Sign? A stop sign is warranted if three of the following five conditions exist: (Conditions are from the Shakopee Signing Manual, October 26, 1998) 1.) If the major street traffic volume is more than 1500 vehicles per day and the minor street traffic volume is greater than 750 vehicles per day. The major street, Holmes Street, does not meet the requirement for traffic volume with an average daily count of 1059. The minor street, 5 th Avenue, has an average daily count of 478 vehicles, which does not meet requirements. 2.) There has been more than two reported accidents, per year in the previous two years or, three reported accidents in the previous years of a type correctable with stop sign installation. The intersection of 5 th Avenue & Hohnes Street had zero (0) reported accidents in both years 1999 and 2000. The intersection does not meet the requirement. 3.) If the pedestrian volumes crossing any approach is more than 15 pedestrians per hour during the A.M. and P.M. peak traffic hours. The intersection of 5 th Avenue & Holmes Street has a very high pedestrian volume due to the Scott County Courthouse located adjacent to the intersection. The intersection does meet the requirement. 4.) If the safe stopping distance on the uncontrolled approach is restricted by less than 300 feet by horizontal and /or vertical roadway alignment or by other permanent obstructions. Sight distance is not an issue at this intersection. The intersection does not meet the requirement. 5.) If the 85 percentile speed in the intersection is greater than 35ph and highest reported speed with two or more observations is greater than 45mph. The speed at this intersection was not studied, however, because stop signs exists at both intersections north and south 300 ft. from the studied intersection, it is believed that vehicle speed through the intersection is not an issue. The intersection does not meet the requirement. IYldy I (, GVVV Holmes St. Holmes St. 5th Avenue 5th Avenue Time (North) Holmes St. Holmes St. 5th Avenue 5th Avenue Time 16:30 85 52 5 6 (North) (South) (West) (East) 16:30 68 60 97 1 17:30 64 56 79 7 18:30 96 92 45 8 19:30 101 77 38 12 20:30 65 71 18 10 21:30 34 30 23 14 22:30 42 35 15 14 23:30 32 31 15 15 0:30 23 24 10 12 1:30 4 13 2 11 2:30 5 3 8 9 3:30 0 12 4 17 4:30 0 0 7 9 5:30 1 0 4 13 6:30 7 1 7 12 7:30 18 2 44 7 8:30 54 16 111 4 9:30 98 37 62 4 10:30 125 76 74 9 11:30 100 76 87 6 12:30 70 56 65 1 13:30 73 45 57 4 14:30 78 69 29 5 15:30 52 67 0 5 may - its, /-uuu Holmes St. Holmes St. 5th Avenue 5th Avenue Time (North) (South) (West) (East) 16:30 85 52 5 6 17:30 82 60 61 2 18:30 98 76 42 1 19:30 0 69 16 2 20:30 0 67 22 2 21:30 52 52 22 2 22:30 44 60 9 2 23:30 51 76 4 1 0:30 27 69 14 1 1:30 16 79 9 1 2:30 6 57 13 1 3:30 3 39 5 1 4:30 8 40 5 3 5:30 3 39 3 0 6:30 5 28 11 0 7:30 28 20 48 0 8:30 50 6 68 1 9:30 73 4 51 0 10:30 60 5 87 1 11:30 63 2 51 0 12:30 55 3 79 3 13 :30 81 15 80 0 14:30 76 43 52 0 15:30 71 77 16 0 P SHAKOPEE C0mwm=rnmSN=mw % ;i ry NORTH Cn 0 5TH AVENUE TY OF SHAKOPEE Daily Traffic Volume Report DATE PREPARED: 08-29-00 South — 32-5% North — 36.6% West — 27.2% East — 3.9% \ 1 ' TI OIN 5TH AVENUE & HOLMES STREET SHAKOPEE FR O p Ilt 7-17-00 Traffic Counts � ; TO 7-19-00 837 120 OTHAvenue & Spencer Street SHAKOPEE COI *AujN [TY PRIDE SINCE 1857 Engineering Department City of Shakopee 129 Holmes Street Shakopee, Minnesota 55379 (952) 445 -3650 Spencer Street South - Heading Northbound 4 Engineering Department City of Shakopee 129 Holmes Street Shakopee, Minnesota 55379 Spencer Street North - Heading Southbound 11 IIIIQIIJI 1111 qIplil III b 1 MUM (952) 445 -3650 10 Avenue East -Heading Westbound 10 Avenue West - Heading Eastbound July 17, 2000 Time 10th Avenue East 10th Avenue West Spencer Street North Spencer Street South 15:00 346 577 302 535 16:00 440 535 429 651 17:00 503 608 296 478 18:00 383 428 215 377 19:00 328 408 197 340 20:00 313 341 208 333 21:00 179 194 98 189 22:00 78 93 58 107 23:00 48 65 29 59 0:00 25 27 16 22 1:00 12 11 6 13 2:00 7 11 6 7 3:00 3 7 10 11 4:00 23 43 47 54 5:00 90 157 136 166 6:00 225 355 278 361 7:00 297 387 242 358 8:00 256 382 185 284 9:00 266 336 148 276 10:00 285 380 169 275 11:00 321 468 222 372 12:00 315 392 218 351 13:00 296 421 210 299 14:00 302 454 238 365 July - 10, zuuu Time 10th Avenue East 10th Avenue West Spencer Street North Spencer Street South 15:00 411 581 339 536 16:00 479 689 427 660 17:00 523 631 342 540 18:00 422 504 239 417 19:00 366 531 209 369 20:00 310 352 147 267 21:00 198 242 97 199 22:00 81 88 48 90 23:00 40 45 33 49 0:00 29 40 22 29 1:00 17 15 11 16 2:00 11 9 5 9 3:00 5 11 13 14 4:00 21 54 45 50 5:00 108 184 134 173 6:00 219 366 302 392 7:00 305 377 253 389 8:00 291 394 167 236 9:00 264 380 168 305 10:00 272 455 170 289 11:00 348 396 196 352 12:00 278 348 189 339 13:00 283 197 326 14:00 79 209 372 T. 7" 44 " r 7 I a 10TH AVENUE CITE` 0 F S H A K 0 F"I(L E Daily Traffic Volume Report l--- LIJ Lij cn r 1 r , Ld 0 7 1 Ld n cn lotal Uaily volume Lntering intersecTion: zzoou South — 28.2% North — 17.6% West — 30.5% East — 23.7% DATE PREPARED: 08-29-00 5351 % I I /-\ V L- 1 1 4 U L- k-XI -) I L- I N \-, L- I I I \ L- L- I FROM 7-17-00 TO 7-19-00 SOURCE Traffic Counts LOCAL CASE NO. TRAFFIC ACCIDENT REPORT � z (FOR POLICE USE ONLY AS REQUIRED BY STATUTE) PAGE OF -_ TIME KILLED INJURED $ MIN MONTH DATE YEAR D r AY �p Z Wes/ C a c V H - D-RUN O ATTENDED PU POP VEHICLES UNATTENDED - Q S ?: r _ a PM t 1 t /T� rr ROOUTE SYL�C./ ROUTE NU OR 3 ANTE \ °, �' � AT INTERSE ON OR - ® MI ® N C 1 - I WTTH D Q W Q FT ®S OF K COUNTY NO CITY NT INT ELEM REFERENCE POINT ROUTE`{ ROUTER, STREET, CORP LIMIT, REF POINT' OR FEATURE , TWP �V--� '1.,. + K�5YS C IS _� = UNTT2- VEHICLE" = - I PEDESTRIAN '' FACTOR 1 4 41 DR R LICENSE NUMBER - 1 STATE �VVAJ CLASS DRI R LICENSE NUMBER - 21 � I CLASS jRSTRGTNS FACTOR I FACTOR 2 ( FRST, MIDDLE, LAST) COM RSTRCTNS WTHDRWN ;` N ME (FIRST, MIDDLE, LAST) WIHDRWN CO LIED FACTOR 2 L , � - mce, v� l ( N MN VER ADDRESS i DATE OF BIRTH I = ADDRESS DATE OF BIRTH MNUV V �;r�� V PHYSCL Cm / AT j E, ZIP �J[ n [ : C TE. L (/�- -19 PHYSCL `�'��v�+1 `. I Y e RCOMND ADDR S X EJECT RSTRNT I INJ D V TO HOSP TRANSPORT ❑ MABUWJ .�/ SS SEX EJECT ADD INJCOD T6 HI SP TRANSPORT RCOMND g1lp� 1 �� V /, -{�� J:22 I I j V h l a OTHER 1✓ i I ,r VEHTYP _ . .:'S't".�J}+'.'f%'a*+ 1?�a'" L"`!^ x.?";; tt.. Y;. a. . dw. � i`. U�� £C: +aY£k r..4.x:T ..... ut,3� - �9k�' ERNAME -. � .. i::..... '1,.._..:.:_. , iM1' S'9?$�y;:„�T�?�vTS:;�ll+i3kiTVr llS+= . Th:uhs.K ... ..,�: - _i'. ...... r... . OWNER NAME P {1 � W "' ✓�Ca C c7 �i u' 1. '. ADDRESS O ( h. \� OCCUP ADDRESS - V ' 11L r l� 0 OCGUP Fl E kDM Zl _ r , U L) 1(j�ITv� G DIR LN E&T ,.I• , STATE. ZI� G'N U G DI)CT T01(J / d ( MO E L YEAR OLO SE UENCE OF EVENTS E M El YEAR _Vjl COL BE O ENCE OF EVENTS DMG } OC DMF PLA� STATE Y� INS URANCE PLATE +T STATE YEAR j( 1 Lkevvin DMG V INJURED PASSENGERS /WTTNESSES UNIT POSTN AGE I SEX EJECT RSTRNT INJCOO TO HOSP TRANSPORT - L 0 6 Rai a I� M b C, 49-l a � 0 q5 35;z 3 A Lo 1 ' ` l.X� (,S ��I 1 • V 1 W ,/ I I" �.CsJ _ `- CI OTHER Ut l tC � 6 62- 4 446 Bj� wti _ - - — r— Cl WMANCE OTHER AC (�{, yp "' AMU CE SERVICES) AWD /OR STATE AMBULANCE RUN NUMBER(S) OTHER DAMAGED PROPERTY YELLOW TAG NUMBER(S) -11f 4 ; FXDOBJ _ ;. ..,:,.,, �..., .•»li. ..... «., - ...�.:.,.�.Y.�„ . :.. ,.w....... ..... »......,�....w,.,...., - . ,. ..,'� JJ.�� ""P�`%4/mKY+'.S wsv "'. �: }� " ,,: �. � .. v >�4 .''"` i 1 DE RIPTION, CHARGES PENDING, AND NS ISSUED L 7. 56 O C rt-c.M vrn CK T ! 5 7, 'b' . -- 3 DEVICE I W AS &G'3�ntfA 6 WORKING WORK ON BRI 444+4 I 1 11 �A li-, { ?�` ^I�✓X /JI SPET v i I I ROhORK I WTREL K ' Fly -�.. - (�7'T/�� j�Q � 1 l.ir �l V�' 1 i l l I I I I 1 f WEATHER t_�CY ! s I 1 1 I� I� - 1 1 1 U I I 4 - ROE N - - -- y �o 1I f ill RDSURF d - ` � F � I �,- I I -^ I I I -- - - - - — - -- -- RDCHAR k 1 i -J I T DIAGRAM � I i - _ El D.AGENCY CL.STATE PATROL LOCAL SHERIFF ❑ OTHER UNIT MOTOR CARRIER HAZ HAZ MAT PLAC MAIL CLASS /ID MAT'L CLASS /ID MAIL CLASS /ID BDY TYP ADDRESS MOTOR CARRIER 10 MC SOURCE AXLES DOWN AXLES UP TRAILER HITCH CITY, STATE, ZIP ICR # INSPECTOR GVWR LOCAL CASE NO. TRAFFIC ACCIDENT REPORT (FOR POLICE USE ONLY AS REQUIRED BY STATUTE) PAGE OF KILLED INJURED $MIN MONTH DATE YEAR DAY (�_( U I �,•Lt o c co cn m HIT- D-RUN ATTENDED ❑ UNATTENDED PUB PROP I VEHICLE S C� ROUTE SYSTEM D ON c- l'� ROUTE NUMBER OR M E _ 79 y� G e 6 ©o U /L AT INTERSECTION Wmi OR ❑ MI ®N ®E oO W OF 11 O Z WWW COUNTY Q 'II/ CITY TWP INf ELEM REFERENCE POINT R E SYS ROUTE ' /4+i �RP LIMIT REF PO� OR FEATU Y UNIT 2 ❑ VEHICLE ❑ PEDESTRIAN ❑ BICYCLE FACTOR 1 DRIVER LICENSE NUMBER - 1 S�6 - 60 - O-Z' 5 - vim STATE l CLASS vLf� � DRIVER LICENSE NUMBER - 2 - 5 5 ^ J��� - 5 - - �o� STATE CLASS hl FACTOR I FACTOR 2 NAME — (FIRST, MUDDLE, LAST) Gvl Ct e z'o v C 5 c°C CS RCUNS WTHDR tV NAME (FIRST, MIDDLE, LA � S J' G� Vtd� �rs'c° ytGr y RS p�0 WTHDRWN FACTOR IJ 2 MNUVER ADDRESS � DATE OF BIRTH 117 1 ADDRES S DATE OF BIRTH MNUVER PHYSCL CITY, STATE ZIP CITY, STATE, ZIP S �cr� �� lti1.c� - -575 3 7 PHYSCL RCOMND ADDRESS CO E E,X� S Y ✓( n RSTRNT EJE j If4JCOD s p/ I TOHOSP J TRANSPORT / �/ a O OTHER ADDRESS COR S EJECT RSTR � �.J z NT INJ OD lO HOSP TRANSPOIif ❑OTHER RCOMNO o VEHTYP OWNER NAME OWNER NAME VEHTYP ARE ADDRESS lit u OCCUP ADDRESS OC FIRE TOW 0 CITY, STAT� /^ G(T ` 6b(. 1 UN;j DIRECT CRY, STATE, LP UN PULLIN DIREEF TOW OMGLOC MYEAR C L R SEQUENCE OF EVENTS MAK O M r / YEAR CO� SEQUENCE OF EVENTS DMGLOC D S PLATE ♦ Z-� `[ STATE W/j YEAR OCR INSURAN f �TCc !� 4 r (" PLATE c�� L P-2 % STATE rif YEAR 0c) INSU f lJ ��St r r� �c�r �� G E INJURED PASSENGERS /WITNESSES UNIT POSTN AGE SEX EJECT RSTRNT INJCOD TO HOSP TRANSPORT ❑ AMBULANCE ❑ OTHER ❑ AMBULANCE ❑ OTHER D AMBULANCE D OTHER ❑ AMBULANCE ❑ OTHER ACCTYP OWNER OF OTHER DAMAGED PROPERTY AND /OR YELLOW TAG NUMBER(S) AMBULANCE SERVICE(S) AND /OR STATE AMBULANCE RUN NUMBER(S) J. NORTH p r4UCt7� ni V tyJ� �.. Q \1 t �+ ® U ® V P "s b l DESCRIPTION, CHARGES PENDING, AND OR CITATIONS ISSUED y file rn '�7 U 0L u} a s o,- C Vim- 6 'l. � I W L e � i 1 _ X4- - Ai., r v,. r v� ®/ [Tn U G YG - 7 CL . O L txr S +,A r e1 d L& a ` 11 v`j \ (L i/� ��VL ®- 1 1 (L {��L D4 w r DEVICE 0 ON ON WURKINC LACA� SPEED LIMIT `� RDWO RK INTREL L/ wEATHEI RDESGN"�V�a PHOTOS TAKEN RDSURF LIGHT DIAGRAM �--/ moo/ RDCHAR OFFICE NK N E, BADGE / AND AGENCY STATE �/+� / //]J AL 0�+' �-CG . tL./C/���C C/Y'✓ Y�( ( V �t� ❑ SHERFFATROL ❑ O ER UNIT MOTOR CARRIER HAZ MAT LAC MAT'L PLA CLASS /ID MATL CLASS /ID MATL CLASS /ID � I BOY TYP ADDRESS MOTOR CARRIER ID SO SOURCE AXLES DOWN ALES U TRAILER HRCH CITY, STATE, ZIP ICR INSPECTOR A' GV WR 1 Francis .. 1 .: 1 1. Way and Anton Engineering Department City of Shakopee 129 Holmes Street Shakopee, Minnesota 55379 (952) 445 -3650 Engineering Department City of Shakopee 129 Holmes Street Shakopee, Minnesota 55379 Francis Avenue; Groveland Anton , (952) 445 -3650 Anton Way -Heading Southbound Groveland Way - Heading Northbound St. Francis Avenue East - Heading Westbound St Francis Avenue West - Heading Eastbound Does the Intersection of St. Francis Avenue, Groveland Way & Anton Way Meet the Warrant for a Two -Way Stop Sign? A stop sign is warranted if two of the following four conditions exist: (Conditions are from the Shakopee Signing Manual, October 26, 1998) 1.) If the major street traffic volume is more than 1000 vehicles per day and the Minor street traffic volume is less than 50% of the major street traffic volume. The major street, St. Francis Avenue, does not meet the requirement for traffic volume with an average daily count of 950. The minor street, Anton Way & Groveland Way, has an average daily count of 325 vehicles. 2.) There has been more than two reported accidents, per year in the previous two years or, three reported accidents in the previous years of a type correctable with stop sign installation. The intersection of St. Francis Avenue, Groveland Way & Anton Way had zero (0) reported accidents in both years 1999 and 2000. The intersection does not meet the requirement. 3.) The pedestrian volumes across the minor approach (that which would be stopping) is more than 15 pedestrians per hour during the A.M. and P.M. peak traffic hours. The intersection of St. Francis Avenue, Groveland Way & Anton Way has a few children waiting for the school bus in the morning peak, however, the intersection does not meet the requirement. 4.) If the safe stopping distance of the minor approach is restricted by less than 300 feet by horizontal and/or vertical roadway alignment or by other permanent obstructions. Sight distance is not an issue at this intersection. The intersection does not meet the requirement. Does the Intersection of St. Francis Avenue, Groveland Way & Anton Way Meet the Warrant for a Four -Way Stop Sign? A stop sign is warranted if three of the following five conditions exist: (Conditions are from the Shakopee Signing Manual, October 26, 1998) 1.) If the major street traffic volume is more than 1500 vehicles per day and the minor street traffic volume is greater than 750 vehicles per day. The major street, St. Francis Avenue, does not meet the requirement for traffic volume with an average daily count of 950. The minor street, Anton Way & Groveland Way, has an average daily count of 325 vehicles. The intersection does not meet the requirement. 2.) There has been more than two reported accidents, per year in the previous two years or, three reported accidents in the previous years of a type correctable with stop sign installation. The intersection of St. Francis Avenue, Groveland Way & Anton Way had zero (0) reported accidents in both years 1999 and 2000. The intersection does not meet the requirement. 3.) If the pedestrian volumes crossing any approach is more than 15 pedestrians per hour during the A.M. and P.M. peak traffic hours. The intersection of St. Francis Avenue, Groveland Way & Anton Way has a few children waiting for the school bus in the morning peak, however, the intersection does not meet the requirement. 4.) If the safe stopping distance on the uncontrolled approach is restricted by less than 300 feet by horizontal and/or vertical roadway alignment or by other permanent obstructions. Sight distance is not an issue at this intersection. The intersection does not meet the requirement. 5.) If the 85 percentile speed in the intersection is greater than 35mph and highest reported speed with two or more observations is greater than 45mph. The speed at this intersection was found to have an 85 percentile speed of 31mph. The intersection does not meet the requirement. City of Shakopee PftNW'g!;;fi Volume Data - St. Francis Avenue, Groveland Way, and Anton Way May 15, 2000 to May 17, 2000 SHA KO P EE COMMUNriY PRIDE SIlVCE 1857 ** *The Data Below reflects axle counts May 15, 2000 Ivla I V, �V V V Groveland St Francis St. Francis Anton Way Time * ** *** *** y * ** (East) (West) (North) ** (East) (West) (North) (South)* 16:30 169 162 118 30 17:30 199 126 126 36 18:30 119 121 75 26 19:30 91 104 56 35 20:30 76 72 69 18 21:30 52 30 55 14 22:30 36 12 16 14 23:30 24 10 16 14 0:30 4 5 8 4 1:30 6 10 4 4 2:30 2 15 0 8 3:30 10 12 0 8 4:30 7 23 3 11 5:30 20 48 11 12 6:30 34 56 14 16 7:30 50 106 33 31 8:30 66 138 51 33 9:30 100 159 79 20 10:30 116 183 75 37 11:30 72 147 49 36 12:30 104 168 50 23 13:30 106 154 70 27 14 :30 85 143 52 31 15:30 78 160 44 40 Ivla I V, �V V V Groveland St Francis St. Francis Anton Way Time * ** *** * ** Way (East) (West) (North) (South)** 16:30 121 169 60 19 17:30 139 130 71 21 18:30 112 119 38 43 19:30 100 116 59 22 20:30 61 42 20 10 21:30 19 26 12 10 22:30 2 18 4 12 23:30 8 10 4 4 0:30 0 6 4 2 1:30 6 12 4 2 2:30 0 4 4 0 3:30 0 6 4 2 4:30 12 35 6 10 5:30 118 118 39 18 6:30 199 206 62 34 7:30 190 128 33 32 8:30 177 144 16 34 9:30 85 59 18 9 10:30 146 129 22 26 11:30 189 132 26 30 12:30 217 106 26 29 13:30 43 14 27 9 14:30 2 2 5 2 15:30 48 86 16 34 le Count 1626 2164 1074 528 Axle Count 1994 1817 580 414 0 CITY OF SHAKOPEE Daily Traffic Volume Report ST. FRANCIS AVE f , id DATE PREPARED: 08-29-00 South — 9.3% North — 16.2% West — 39.0% East — 35.5% 1NTERSEC1' ST. FRANCIS, GROVELAND, AND ANTON IN SHAKOPEE F T'`' 5-17-00 SOURCE Traffic Counts I ,OMi 5-15-00 A R a c W d O 45 m � G e Q O G C Q � ti d � 3 � y o •� Q G O O R O N O V ° d V' 9 N y Ta�.N H O O 5.2 L N G2 m d L d E o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0. n L CL E W O O O O O O o O o O O o O O O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00-0 0 0 0 0 0 0< n L a E n m L a E 0..00000000000000000. 0 0 0 0 0 0 0 0 0 0 0o 0 0 0 0 0 0 0 0 0 0 0 0 p t a E ,0000000000000000000-0000- 0 0 0 0 0 0 0 0 0 o O o 0 0 0 0 0 0 0 0 0 0 0 0 m L a E 0 0000p0000000000°00000000. O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 L a E p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W V L a E 00-000000000 V t fi No M N W W M L CL M < L CL . p W N W N m N L O. �oNmoo v o n t O W - - W n� N �'° � O O � W W W O� � W t0 C' N N d O N N N W L Q c � V' �� n N N � O M 0 0 0 0 0 0 N N � M R N •- W N W C N N W n � n 0 0 �-- �- N O O O H .- � W M c M N M 47 a r � O o O M M V V O O s N O W :- V N n M :- c N �fl N N M N K R M M� O M r F- r N y a ct M M M c 0, . O M 0 0 0 0 0 0 0 0 0 O O M O O OM M O 1 00000 0. 0 0 0 0 0 0 0 0 0 0 0 o. 0 000 M M M M M M M M M M F- M M M M M M M M M M N .- Q m O F wwm ..W�W - SFLALKOPEE CO NIlAUT , ITY PRIDE SINCE 1857 Engineering Department City of Shakopee 129 Holmes Street Shakopee, Minnesota 55379 (952) 445 -3650 Atwood Street South — Heading Northbound Engineering Department City of Shakopee 129 Holmes Street Shakopee, Minnesota 55379 (952) 445 -3650 Atwood Street North — Heading Southbound 4 Avenue West — Heading Eastbound 4'* Avenue East — Heading Westbound Does the Intersection of 4 th Avenue & Atwood Street Meet the Warrant for a Four -Way Stop Sign? A stop sign is warranted if three of the following five conditions exist: (Conditions are from the Shakopee Signing Manual, October 26, 1998) 1.) If the major street traffic volume is more than 1500 vehicles per day and the minor street traffic volume is greater than 750 vehicles per day. In studying this intersection, two major and minor streets have been identified due to traffic patterns around the Scott County Courthouse. The major streets, 4 th Avenue East & Atwood Street South, do meet the requirement for traffic volume with an average daily count of 2180 and 1649, respectively. The minor streets, Atwood Street North & 4 th Avenue West, have an average daily count of 938 and 982 vehicles, respectively. The intersection does meet the requirement. 2.) There has been more than two reported accidents, per year in the previous two years or, three reported accidents in the previous years of a type correctable with stop sign installation. The intersection of 4 th Avenue & Atwood Street had two (2) reported accidents in 1999 and two (2) reported accidents in 2000. The intersection does meet the requirement. 3.) If the pedestrian volumes crossing any approach is more than 15 pedestrians per hour during the A.M. and P.M. peak traffic hours. The intersection of 5 th Avenue & Holmes Street has a very high pedestrian volume due to the Scott County Courthouse located adjacent to the intersection. The intersection does meet the requirement. 4.) If the safe stopping distance on the uncontrolled approach is restricted by less than 300 feet by horizontal and/or vertical roadway alignment or by other permanent obstructions. Sight distance is not an issue at this intersection. The intersection does not meet the requirement. 5.) If the 85 percentile speed in the intersection is greater than 35mph and highest reported speed with two or more observations is greater than 45mph. The speed at this intersection was found to have an 85 percentile speed of 29mph. The intersection does not meet the requirement. July 5, ZUUU Time Atwood St. Atwood St. 4th Avenue 4th Avenue (North) (South) (West) (East) 15:00 51 65 71 114 16 :00 83 106 45 134 17:00 101 143 65 175 18:00 103 129 91 213 19 :00 78 84 66 140 20:00 60 62 45 93 21 :00 41 50 34 73 22:00 43 46 41 68 23:00 10 13 19 31 0 :00 15 17 9 16 1:00 8 11 8 13 2:00 6 7 5 11 3:00 2 3 5 5 4:00 1 1 1 2 5:00 0 1 4 1 6:00 4 3 1 7 7:00 24 21 15 32 8:00 53 112 26 56 9:00 42 125 30 128 10:00 34 99 59 151 11:00 43 111 96 163 12:00 49 159 64 158 13:00 58 136 79 206 14:00 49 158 75 176 July ti, 1000 Time Atwood St. (North) Atwood St. (South) 4th Avenue (West) 4th Avenue (East) 15 :00 55 54 83 188 16:00 76 92 51 142 17 :00 98 151 63 190 18:00 95 118 86 201 19 :00 65 93 72 165 20:00 69 54 51 86 21:00 38 63 30 70 22 :00 40 39 28 62 23:00 8 24 23 29 0:00 2 12 15 14 1:00 12 11 7 8 2:00 5 1 5 10 3:00 1 0 2 3 4:00 0 5 0 0 5:00 2 2 1 2 6:00 6 8 2 4 7:00 34 19 17 43 8:00 51 96 31 62 9:00 40 111 28 119 10:00 36 102 63 160 11:00 41 125 112 168 12:00 40 149 80 142 13:00 52 137. 87 184 14 :00 51 169 73 142 Meftb.�Ixv -ad CITY OF SHOEF Pa SHAKOPEE Daily Traffic Volume RepO CCLAU-1m SNMIW NORTH 4TH AVENUE LIJ Cn 0 0 DATE PREPARED: 08-29-00 2180 i I I INTERSECTION 4TH AVENUE & ATWOOD STREET IN SHAKOPEE FROM 7-5-00 TO 7-7-00 SOURCE Traffic Counts North 16.3% West 17.1 % East 37.9% L a E o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m n L CL E 0 0000000000000000000000000 r n Q -3oaa cn - — L CL E 0 00000000 0 0 0 0 0 0 0 0 0 0 0 0 o O O o 0 r n � � O U7 � L c a m Q � L c 'o L a E p o 0 0 0 0 0 0 0 00000000000000000 L a N r C Q r V O m C S V � m a 0 d � Q L R ,0 d p U d h N N Y O T c 7 Q O a o d d R O N O O N y T� W� P-,A pq y O k U 0 0 0 0 0 0 0 0 0 0 0 0 O o 0 o o 0 0 0 o o 0 of 0 0 0 0 0 o O 0 o 0 0 0 0 0 0 0 0 0 0 0 o p O of 000000 0 0 0 0 0 0 000 0 0 0 0 0 o o 0 0[ 0 0 0 0 0 0 0 0 0 0 0 0 0000000 0 0 0 001 0.0000000000 0 0 0 0 0 0 - 0 0 0 0 0 1 00-000000o00 O o 000-0-0-01 M M N - 0 0-000 O O o O No — M— N M— < m m LL"i to W W O� r V' M O — N m O M m W N c to � M fD � m W O r v N r Wl L a n N o c M ,n e C a m m N (O V N � � o o n o � N _ E N O V L a E 'Q - L a O S r r m N M O O O O O 0 0 0 0 0 0 K M N M N? N M m E -E M cn L CL E ". ` O to M m N °r r m m N co 0 0 0 O 7 m 6. o o: M M' w C r j M ' N M O u O—` m W W M N .- .-- .- O _ O N M W L CL :O 6. N _� n ^,. E, M O— M m v M M N— r M C �- O m N M M M v V 1. M O N L a N E W to m m N O r 0 M r M h o N M O M V N N M M N N N N M C M r O N m M M N L L a E E E E.:m W.,' E O to W M M N 0 0 0 0 0 0 Q N N N N M N M h M C 6 :: = M:. r N N N :` d O N N p L 0 0 0 0 0 0 0 0 0 0 0 0 O o 0 o o 0 0 0 o o 0 of 0 0 0 0 0 o O 0 o 0 0 0 0 0 0 0 0 0 0 0 o p O of 000000 0 0 0 0 0 0 000 0 0 0 0 0 o o 0 0[ 0 0 0 0 0 0 0 0 0 0 0 0 0000000 0 0 0 001 0.0000000000 0 0 0 0 0 0 - 0 0 0 0 0 1 00-000000o00 O o 000-0-0-01 M M N - 0 0-000 O O o O No — M— N M— < m m LL"i to W W O� r V' M O — N m O M m W N c to � M fD � m W O r v N r Wl a E W o W v W O _• r O V N 0 0 0 0 0 0 0 0 0 0 0 0 � � M n N o c M ,n e C a m m N (O V N � � o o n o � N _ W - m E -E cn 6. o o: M M' O O C N 1� M M N N p N M� o O u O—` m W W M N .- .-- .- O _ O N M W p :O 6. N _� n ^,. O> (O W W LL] V .- r r .- h . — 2 d O N N = h M N M M M M M M M M O O O O O O O O O O M M M M M M f- 0 > o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M M M M M M M M M M M M M M C2 a t1J 0 � 't0 V .. Lo,d�E R d m R y�'�Q Om H5 - .$ uu'$ (I 1) J.P l LL V1 IVIII NI NLtJV 1n IJLf -Fk I IVILIN I Vr ! U JF1rC IT TRAFFIC ACCIDENT REPORT -- T LOCAL CASE NO. (FOR POLICE USE ONLY AS REQUIRED BY STATUTE) ° PAGE OF KILLED INJURED S MIN 'vCNTH DATE YEAR DAY TIME c: HIT-AND-RUN PUB PROP VEHICLES ❑ ATTENDED ❑ a ) • Q O �/ I sC a PM a m UNATTENDED IJ / / / O ROUTE SYSTEM ROUTE N OR STREET NAME � i' INTEP I I OR o - o S O Z f LS ' � W W OF { ON / 1 VADO COUNTY NO �� INT ELEM REFERENCE POINT ROUTE ROUTE --STREET. T�. CORP LIMIT, REF POINT OR FEATURE 70 TWP '`O + _ L f Td vl / ` UNIT 2 ] VEHICLE Cl PEDESTRIAN ❑ BICYCLP FACTOR 1 DRIVER LICENSE NUMBER - 1 STATE CLASS DRIVER LICENSE NUMBER - _ STATE FACTOR I m -S - 537 --5T7 ''-[v/ 1 18 FAC OR 2 J NAME (FIRST, MIDDLE, LAST) L RSTRCTNS WTHDRWN COMPUED NAME (FIRST, MIDDLE. LAST ��So RTRCTN MPLIE FACTOR 2 I l'� e v, S .� 0�� 1-, M fo k r c r, Y MNUVER ADDRESS k DATE OF BIRTH ADDRESS �= Ave, DATE OF BIRTH �I MNUVER s rv� 2 31 3�� V) C PHYSCL CITY, STATE. ZIP �:0 CITY, STATE. LP I' PHYSCL i S !-.� 1M S 3 7 S Y "- —cam k-­— Ss 3 7 / RCOMND ADDRESS CORRECT SEX EJECT RSTRNT IWCOD TO HOSP TRANSPORT 13 ADDRESS CORRECT SEX JEJtCT 7--NT IWCOD TO HOSP TRANSPORT RCOMND ✓��J OTHE ❑ OTHER ! J ❑ OTHER - VEHTYP OWNER NAME OWNER NAME VEHTYP 1 5/�Yy) FIRES ADDRESS OCCUP ADDRESS OCCUP FIRE , ) TO("/ 7 CITY, STATE, ZIP PULLING UNIT , DIRECT — 7 CITY, STATE, ZIP PULUNG UNIT / DIRECT TCW / ! / ~ / ,/-�/ DMGLOC MAKE M DEL YEAR COLOR SEQUENCE OF EVENTS MAKE MODEL MAKE YEAR COLOR SEQUENCE OF EVENTS DMGLOC DMGSEV PLATE +� STATE YEAR INSURANCE PLATE x STATE YEAR INSURA CE DMG EV 5LI L[ �� r� oo Yv� ST 3� I be v� ` Y►°� oO -P -, INJURED PASSENGERS /WITNESSES UNIT -"STN AGE SEX EJECT RSTRNT IWCOD TO HOSP TRANSPORT ❑ AMBULANCE ❑ OTHER O AMBULANCE ❑ OTHER ❑ AMBULANCE ❑ OTHER O AMBULANCE ❑ OTHER ACCTYP OWNER OF OTHER DAMAGED PROPERTY AND /OR YELLOW TAG NUMBERS) AMBULANCE SERVICES) AND C t STATE AMBULANCE RUN NUMBER(S) _ - -_ - - -- -- _ _ - - - - FXDOSJ DESCRIPTION, CHARGES PENDW, AND OR CITATIONS ISSUED DEVICE NORTH _ ] 1 a - L t rL .. �v.�.. S /� WORKING - 4fo J 1 LOCATN SPEE 1 d/�1 -• LIMIT 2 RDWORK a =__ . vGr�\ L`•' 3 1 fie C� ti J L INTREL J O �^ /°� c �\c '-- 3 WEATHER -- / ROESGN_ PHOTOS TAKEN 0 15 Q I LIGHT / ROSURF DIAGRAM 11 7 11 `� / � OFFICER RANK, NAME, B / �ADGE r, AND AGENCY C i V� ��� # 3 A v y� ❑ SHERIFF LJ B 4 UNIT MOTOR CARRIER HAT MAT HA MAT HA-_ � CLASS /SS ID MAIL CLA /ID MAT'L CLASS /ID BOV TYP -' ADDRESS MOTOR CARRIE= D MC SOURCE JAXLES I DOWN IAXLFS I UP TRAILER HITCH CITY. STATE. ZIP ICR 4 INSPECTOR I GVWR PS- 32003 -07 J IAN C VF IVIIIVIVCJV IH — UCtAti I witIN I UI I�UbLIU JHI I Y LOCAL CASE NO. TRAFFIC ACCIDENT REPORT j a - Z (FOR POLICE USE ONLY AS REQUIRED BY STATUTE) PAGE F OF $MIN MONTH DATE YEAR DAY TIME cf HIT- AND -RUN PUB PROP VEHICLES KILLED INJURED ❑ATTENDED O UNATTENDED �/ l 2- �" Gf? ' I M (Y IT ct ROUTE SYSTEM ROUTE NUMB q OR STREET NAME AT INTE INTERSECT! ON I I O{3 ❑ MI ❑ N ® W OF c ON V WWW Q FT ®S R OUTE COUNP! NO ! INT ELEM REFERENCE POINT SYS ROUTE Hb, STTRREEE�T', CORP IJJ1MIT, REF POI O FEATURE �,, . UNIT2 7 � O:;PEDESTRIAN ❑BICYCLE - FACTOR 1 DRIVER LICENSE NUMBER - 1 STATE CLASS DRIVER LICENSE NUMBER - 2 STATE CLASS FACTOR I - zi (. 75S 6b 2 &'g FACTOR 2 NAME (FIRST, MIDDLE, LAST) T f(� i RSTRCTNS WTHDRWN COMPLIED ', NAM (FIRST, MIDDLE, LAST) L/ 3 / RSTRCTNS WTHDRWN COMPLIED FACTOR 41 2 V MNUVER ADDRESS DA OF BIRTH z: ADD SS - �o 3 DATE OF BIRTH MNUVER r66 fwGad z f 0 PHYSCL CITY, ST ,ZIP :CITY, STA ZIP PHYSCL G,4 RIP RCCCOOOttt,r ADDRESS SEX CORRECT EJECT RSTRNT INJCOD TO OSP TRANSPORT O � r 1 , ADDRESS CORRECT SEX J RSTRNi INJCOD TO HOSP TRANSPORT ,q ❑ ❑OT AM" , RCOMND - _ VEHTYP OWNER NAME OWNER NAME VEHTYP FIRE - ADDRESS ` OCCUP - y ADDRESS ` OCC FIRE Tow ^ / CITY, STATE, ZIP PUWNG U � DIRE CRY, STATE, ZIP PULLING U DIRECT TOW A DMGLOC MAKE MODEL YEAR COLOR SEQUENCE OF EVENTS ' 2 ' MAKE MODEL _ YEAR CO{QR� SEQUENCE OF EVENTS DMGLOC �O 2 f G �U� 11 IIvv e < /F + 2 DMGSEV PLATE A S TATE YEAR NSURANC L n I �- e ? PLATE A �6z 3 TTk STATE lil! YEAR INSURANCE DMGSEV Fa nners tY1110 f9D 5 f? t3 - - �INJCOD INJURED PASSENGERS /WITNESSES UNIT POSTN AGE SEX EJECT RSTRNT HOSP TRANSPORT l f ( J D AMBULANCE 12 OTHER j ❑ AMBULANCE ? 0 OTHER ❑ AMBULANCE 7 D OTHER 0 AMBULANCE 7 ❑ OTHER AOC{yp - OWNER OF OTHER DAMAGED PROPERTY AND /OR YELLOW TAG NUMBERS) r- - �- AMBULANCE SERVICE(S) AND /OR S1ATE AMBULANCE RUN NUMBERS) ,.:, .Yar a fi3 w.,., afiF?mal razss a4kr r.. <Y, .ekefiy; FXDOBJ I I ' I � � DESCRIPTION, CHARGES PENDING, AND OR CITA710NS ISSU D DEVICE OR iC, Of BRIDGE s - SPEED uMrr `J RDWORK ' I ' '_ 44 / c' --L 6 ee IITMEL 11 1 1 I i 1 I I I CT I I�� _ �- - WEATHEF J� - G�i SS T �ii RDESGN j i I ' I '' I ! I I Y - 1 PHOTOS ._ -�-I- i ; T I I 1 1 1 II _ _ I fi r - ; 1-J_ - (/✓ / I iLG` - l_ /__ s'T �L�� (/� S_ _ ��� _.!_"C. -___ LIGHT J RDSURF j - DIAGRAM - IL, i - ;- . ( -! � /n'� ,, S I _ /� �(f TQa/ �GC. G �� G �' Y G(/� ._( !I P 4 U ©;ff/tr V, SSf/�I� J s OFFICER BADGE 7 "STATE PATROL L�AL V. 1-F `� ^�- ❑ SHERIFF ❑OTHER UNIT � MOTOR CARRIER HAZ MAT HAZ MAIL PLAC CLASS /ID MATL CLASS /10 M LASS /ID BOY TYP ADDRESS MOTOR CARRIER ID MC SOURCE lkXLES I DOWN I AXLES I UP TRAILER HITCH CITY, STATE, ZIP _ ICR A INSPECTOR r GVWR Engineering Department City of Shakopee 129 Holmes Street Shakopee, Minnesota 55379 (952) 445 -3650 Polk Street South — Heading Northbound Polk Street North — Heading Southbound 13't Avenue East — Heading Westbound Engineering Department City of Shakopee 129 Holmes Street Shakopee, Minnesota 55379 August 29, 2000 (952) 445 -3650 13 Avenue West — Heading Eastbound Does the Intersection of 13 Avenue & Polk Street Meet the Warrant for a Two -Way Stop Sign? A stop sign is warranted if two of the following four conditions exist: (Conditions are from the Shakopee Signing Manual, October 26, 1998) 1.) If the major street traffic volume is more than 1000 vehicles per day and the Minor street traffic volume is less than 50% of the major street traffic volume. The major street, 13 Avenue, does not meet the requirement for traffic volume with an average daily count of 469. The minor street, Polk Street, has an average daily count of 240 vehicles. 2.) There has been more than two reported accidents, per year in the previous two years or, three reported accidents in the previous years of a type correctable with stop sign installation. The intersection of 13 Avenue & Polk Street had zero (0) reported accidents in both years 1999 and 2000. The intersection does not meet the requirement. 3.) The pedestrian volumes across the minor approach (that which would be stopping) is more than 15 pedestrians per hour during the A.M. and P.M. peak traffic hours. The intersection of 13 Avenue & Polk Street has a few children waiting for the school bus in the morning peak, however, the intersection does not meet the requirement. 4.) If the safe stopping distance of the minor approach is restricted by less than 300 feet by horizontal and/or vertical roadway alignment or by other permanent obstructions. Sight distance is not an issue at this intersection. The intersection does not meet the requirement. June 26, 2000 Time 13th Avenue East 13th Avenue West Polk Street Polk Street (North) (South) 15:00 23 17 8 17 16:00 34 37 17 21 17:00 40 32 21 15 18:00 35 40 19 14 19:00 33 28 17 24 20:00 22 21 12 20 21:00 35 33 20 15 22:00 18 19 9 9 23:00 16 9 5 2 0:00 14 10 6 1 1 :00 0 2 1 6 2:00 2 3 2 2 3:00 0 1 1 0 4:00 1 2 2 2 5:00 5 2 3 2 6:00 10 13 5 6 7:00 25 24 6 7 8:00 29 21 11 6 9:00 15 18 9 6 10:00 15 17 12 9 11:00 15 15 6 8 12:00 13 26 13 13 13:00 23 25 9 9 14:00 16 22 17 28 lone 27, 2000 Time 13th Avenue East 13th Avenue West Polk Street Polk Street (North) (South) 15:00 33 35 13 13 16:00 23 25 9 11 17:00 30 33 17 13 18:00 33 34 15 21 19:00 36 61 13 26 20:00 26 33 15 17 21:00 35 29 17 19 22:00 15 13 7 12 23:00 12 17 6 8 0:00 17 11 6 2 1:00 2 0 3 2 2:00 0 0 0 0 3:00 3 3 1 2 4:00 1 5 2 1 5:00 7 8 3 3 6:00 13 18 9 6 7:00 25 27 10 8 8:00 29 27 11 9 9:00 23 17 13 17 10:00 15 20 8 11 11:00 21 21 14 21 12:00 29 31 11 11 13:00 25 27 14 13 14:00 26 27 9 13 SHAKOPEE CCLQffJN[rYF=GSNC81MV 13TH AVENUE CITY OF SHAKOPEE` Daily Traffic Volume Report Total Daily Volume Entering Intersection: - 141y South — 17.7% North — 16.2% West — 33.8% East — 32.3% DATE PREPARED: 08-29-00 es wlft� - 459 1 Now- 11\4 1 LM3L ., 1 jUIN I D 1 1 - 1 A V LIN U L (Y rULr\ 3 1 F\ LE- I Engineering Department City of Shakopee 129 Holmes Street Shakopee, Minnesota 55379 (952) 445 -3650 Sarazin Street South — Heading Northbound Sarazin Street North — Heading Southbound Engineering Department City of Shakopee 129 Holmes Street Shakopee, Minnesota 55379 (952) 445 -3650 17 Avenue East — Heading Westbound 17 Avenue West — Heading Eastbound City of Shakopee M d Volume Data - 17th Avenue & Sarazin Street July 31, 2000 to August 2, 2000 SHAKOPEE COMMUNITY ETUDE SINCE 1857 North of South of North of South of ugust1,2000 Medan_ Medan" Medan ';_M Sarazin St. Sarazin St. 17th 17th Wth 17th Time (North) (South) Avenue Avenue Avenue Avenue (West) (West) (East) (East) 14:00 169 131 161 250 104 72 15:00 208 130 207 216 68 48 16:00 167 139 190 215 74 56 17:00 184 127 159 187 107 45 18:00 147 113 152 225 146 42 19:00 147 91 132 180 90 41 20:00 172 93 130 161 97 25 21:00 107 63 93 123 53 30 22:00 18 49 48 82 62 9 23:00 22 32 15 38 28 10 0:00 3 5 2 21 14 0 1:00 3 1 5 6 4 1 2:00 3 4 4 4 4 0 3:00 3 1 3 6 1 2 4:00 0 4 7 3 2 1 5:00 0 22 31 3 4 4 6:00 18 99 129 31 42 34 7:00 31 148 189 97 66 95 8:00 61 115 111 116 50 62 9:00 74 87 137 121 85 80 10:00 129 93 160 132 95 56 11:00 160 129 160 148 74 84 12:00 .48 130 163 179 82 61 13:00 117 122 137 175 98 54 Daily Daily Vehicle 1940 1759 `2477 3834' 1434 819 Vehicle .: 2091 1928 .'" 2545 2719- 4450 X912 Count Count North of South of North of South of July 31, 2000 Median Medan Median di " Mean Sarazin St. Sarazin St. 17th 17th 17th 17th Time (North ( ) (South) Avenue Avenue Avenue Avenue (West) (West) (East) (East) 14:00 140 135 143 128 33 36 15:00 176 111 193 205 58 44 16:00 137 117 167 299 78 35 17:00 144 143 163 415 128 43 18:00 135 99 133 340 126 34 19:00 161 116 164 362 105 42 20:00 127 73 108 224 82 36 21:00 75 45 79 157 52 19 22:00 14 37 28 55 54 12 23:00 22 19 39 33 24 7 0:00 1 8 3 8 9 1 1:00 2 0 3 8 5 2 2:00 13 3 10 9 2 1 3:00 1 1 4 17 2 1 4:00 5 1 8 1 0 2 5:00 3 17 27 3 2 3 6:00 16 78 153 36 41 34 7:00 21 151 185 156 51 88 8:00 47 92 103 152 77 82 9:00 83 77 118 167 100 55 10:00 123 84 136 271 92 66 11:00 147 105 165 226 93 49 12:00 176 127 166 272 109 72 13:00 171 120 179 290 111 55 North of South of North of South of ugust1,2000 Medan_ Medan" Medan ';_M Sarazin St. Sarazin St. 17th 17th Wth 17th Time (North) (South) Avenue Avenue Avenue Avenue (West) (West) (East) (East) 14:00 169 131 161 250 104 72 15:00 208 130 207 216 68 48 16:00 167 139 190 215 74 56 17:00 184 127 159 187 107 45 18:00 147 113 152 225 146 42 19:00 147 91 132 180 90 41 20:00 172 93 130 161 97 25 21:00 107 63 93 123 53 30 22:00 18 49 48 82 62 9 23:00 22 32 15 38 28 10 0:00 3 5 2 21 14 0 1:00 3 1 5 6 4 1 2:00 3 4 4 4 4 0 3:00 3 1 3 6 1 2 4:00 0 4 7 3 2 1 5:00 0 22 31 3 4 4 6:00 18 99 129 31 42 34 7:00 31 148 189 97 66 95 8:00 61 115 111 116 50 62 9:00 74 87 137 121 85 80 10:00 129 93 160 132 95 56 11:00 160 129 160 148 74 84 12:00 .48 130 163 179 82 61 13:00 117 122 137 175 98 54 Daily Daily Vehicle 1940 1759 `2477 3834' 1434 819 Vehicle .: 2091 1928 .'" 2545 2719- 4450 X912 Count Count saaftb..� Ad SHAKOPEE XMP=9SNMMff IiIIIIII&AN"WAVAMIM1121 CITY OF Doily Traffic 2'511 277 Total Daily Volume Entering Intersection: 11,956 North — 15.4% South — 16.9% East — 48.4% West — 19.3% H A K 0 PE E volume Report DATE PREPARED: 08-08-00 INTERSECTION 17TH AVENUE & SARAZIN STREET IN SHAKOPEE FROM 7-31-00 -1 1 - 0 8-2-00 SOURCE Traffic Counts Engineering Department City of Shakopee 129 Holmes Street Shakopee, Minnesota 55379 (952) 445 -3650 Lewis Street South — Looking Eastbound Engineering Department City of Shakopee 129 Holmes Street Shakopee, Minnesota 55379 Lewis Street South —Looking Westhbound . . .. !I1 (952) 445 -3650 Ist Avenue East — Heading Westbound Ist Avenue West — Heading Eastbound Does the Intersection of 1 St Avenue & Lewis Street Meet the Warrant for a Four -Way Stop Sign? A stop sign is warranted if three of the following five conditions exist: (Conditions are from the Shakopee Signing Manual, October 26, 1998) 1.) If the major street traffic volume is more than 1500 vehicles per day and the minor street traffic volume is greater than 750 vehicles per day. The major street, 1 St Avenue, does meet the requirement for traffic volume at the eastern approach with an average daily count of 1564. The minor street, Lewis Street, has an average daily count of 855 vehicles, which does meet requirements. 2.) There has been more than two reported accidents, per year in the previous two years or, three reported accidents in the previous years of a type correctable with stop sign installation. The intersection of 1 St Avenue & Lewis Street had zero (0) reported accidents in 1999 and one (1) reported accident in 2000. The intersection does not meet the requirement. 3.) If the pedestrian volumes crossing any approach is more than 15 pedestrians per hour during the A.M. and P.M. peak traffic hours. The intersection of 1 St Avenue & Lewis Street has a very high pedestrian volume due to the Shakopee Downtown Business District surrounding the intersection. The intersection does meet the requirement. 4.) If the safe stopping distance on the uncontrolled approach is restricted by less than 300 feet by horizontal and/or vertical roadway alignment or by other permanent obstructions. Sight distance is an issue at this intersection. Parking in front of the businesses prevent sight in all directions during peak traffic hours. The intersection does meet the requirement. 5.) If the 85 percentile speed in the intersection is greater than 35mph and highest reported speed with two or more observations is greater than 45mph. The speed at this intersection was not studied, however, because this intersection is in the downtown business district, parking and surrounding conditions eliminate the possibility of high speeds. The intersection does not meet the requirement. City of Shakopee SHAKOPEE CONRvIUNrrY PRIDE SINCE 1857 May 24, 2000 Volume Data - 1st Avenue & Lewis Street May 24, 2000 to May 26, 2000 Time 1st Avenue 1st Avenue (west) (east) Lewis Street 11:00 86 216 103 12 :00 51 280 148 13:00 146 230 117 14:00 155 261 133 15 :00 108 256 157 16:00 159 291 174 17 :00 167 275 146 18:00 132 227 148 19:00 121 159 97 20:00 102 189 105 21:00 77 129 72 22:00 65 79 40 23:00 54 88 36 0:00 47 58 34 1:00 22 24 14 2:00 1 2 1 3:00 1 0 0 4 :00 8 4 2 5:00 14 19 8 6:00 21 24 12 7:00 49 69 22 8 :00 67 99 44 9:00 119 156 63 10:00 130 199 83 May 25, 2000 Time 1st Avenue 1st Avenue (west) (east) Lewis Street 11:00 93 228 122 12:00 6 229 128 13 :00 55 203 109 14:00 104 234 109 15:00 152 302 171 16:00 187 283 173 17:00 154 275 170 18:00 109 188 116 19:00 83 150 81 20:00 75 97 69 21:00 52 0 39 22:00 33 19 22 23:00 27 34 21 0:00 13 15 5 1:00 11 17 8 2:00 1 4 4 3:00 7 8 7 4:00 7 8 3 5 :00 13 21 6 6:00 39 81 38 7 :00 90 142 68 8:00 88 144 74 9:00 109 163 88 10:00 69 76 29 Axle Count 1902 3334 1760 1578 2920 1660 Daily, zt Vehicle x 789 X461 830 Count 7:�7- CITY OF QHAMME m Daily Tra ffirm SHAKOPEE Volume Report DATE PREPARED: 06 -07 -00 1ST AVENUE r rn Cn M M 1 5 Total Daily Volume Entering Intersection: 3289 North /South — 26.0% Westbound — 26.5% Eastbound — 47.5% INTERSECTION 1ST AVENUE & LEWIS STREET IN SHAKOPEE FROM 5 -24 -00 TO 5 -26 -00 SOURCE Traffic Counts Engineering Department City of Shakopee 129 Holmes Street Shakopee, Minnesota 55379 (952) 445 -3650 7' Avenue West — Heading Eastbound P mAWMdbw*-- be tA SHAKOPE COI UAUNUY PRIDE SINCE 1857 Engineering Department City of Shakopee 129 Holmes Street Shakopee, Minnesota 55379 7 Avenue East — Heading Westbound (/ /' (952) 445 -3650 Market Street South — Heading Northbound Market Street North — Heading Southbound City of Shakopee Volume Data - 7th Avenue & Market Street June 28, 2000 to June 30, 2000 PPPI— =OM SHAKOPEE COMMUI -= PRIDE SINCE 1857 lune 28, 2000 Time 7th Avenue 7th Avenue (East) (West) Market Street ( North) Market Street (South) 15:00 22 17 72 21 16:00 22 17 101 71 17:00 28 21 114 80 18:00 17 16 78 55 19:00 21 19 66 47 20:00 10 18 56 39 21:00 9 14 40 28 22:00 4 6 20 14 23:00 7 9 18 13 0:00 3 9 13 9 1:00 4 5 4 3 2:00 0 1 3 2 3:00 0 1 3 2 4:00 3 3 8 6 5:00 5 2 16 11 6:00 17 12 39 27 7:00 10 15 57 40 8:00 16 11 68 48 9:00 16 14 46 32 10:00 26 9 64 45 11:00 18 8 52 36 12:00 21 10 85 60 13:00 15 12 55 39 14:00 23 16 62 43 June 29, 2000 Time 7th Avenue 7th Avenue (East) (West) Market Street (North) Market Street (South) 15:00 29 21 86 61 16:00 21 20 95 67 17:00 30 17 93 65 18:00 16 16 56 40 19:00 15 17 49 35 20:00 11 22 39 28 21:00 8 15 42 30 22:00 5 8 27 19 23:00 2 11 17 12 0:00 3 10 6 4 1:00 6 7 5 4 2:00 1 2 4 3 3:00 2 1 0 0 4:00 0 0 3 2 5:00 1 0 3 2 6:00 2 9 14 10 7:00 9 14 16 12 8:00 8 12 29 21 9:00 12 12 45 32 10 :00 18 9 65 46 11:00 24 7 52 37 12:00 22 11 66 47 13 :00 15 14 38 27 14:00 11 15 36 26 7TH AVENUE LLJ Li CITY 0 F E H A K 0 P - Dally Traffic Volume repo, —I 265 I 1013 DATE PREPARED: 06-30-00 299 Total Daily Volume Entering Intersection: 2277 Southbound — 44.5% Northbound — 30.7% Westbound — 13.1% Eastbound — 11.7% INTERSECTION 7TH AVENUE & MARKET STREET IN SHAKOPEE FROM 6-28-00 TO 6-30-00 SOURCE Traffic Counts Does the Intersection of 2nd Avenue & Sommerville Street Meet the Warrant for a Four -Way Stop Sign? A stop sign is warranted if three of the following five conditions exist: (Conditions are from the Shakopee Signing Manual, October 26, 1998) 1.) If the major street traffic volume is more than 1500 vehicles per day and the minor street traffic volume is greater than 750 vehicles per day. The major street, 2 "d Avenue, does meet the requirement for traffic volume with an average daily count of 2339. The minor street, Sommerville Street, has an average daily count of 1093 vehicles, which does meet requirements. 2.) There has been more than two reported accidents, per year in the previous two years or, three reported accidents in the previous years of a type correctable - with stop sign installation. The intersection of 2 "d Avenue & Sommerville Street had two (2) reported accidents in 1999 and zero (0) reported accident in 2000. The intersection does not meet the requirement. 3.) If the pedestrian volumes crossing any approach is more than 15 pedestrians per hour during the A.M. and P.M. peak traffic hours. The intersection of 2 "d Avenue & Sommerville Street has a very high pedestrian volume due to the Shakopee Post Office and other businesses surrounding the intersection. The intersection does meet the requirement. 4.) If the safe stopping distance on the uncontrolled approach is restricted by less than 300 feet by horizontal and /or vertical roadway alignment or by other permanent obstructions. Sight distance is an issue at this intersection. Parking in front of the Post Office and businesses prevent sight in east to west directions during peak traffic hours. The intersection does meet the requirement. 5.) If the 85 percentile speed in the intersection is greater than 35mph and highest reported speed with two or more observations is greater than 45mph. The speed at this intersection was not studied, however, because this intersection is in the downtown business district, parking and surrounding conditions eliminate the possibility of high speeds. The intersection does not meet the requirement. City of Shakopee Volume Data - 2nd Avenue & Sommerville Street August 23, 2000 to August 25, 2000 SIHAKOP CONuALTk1IIY PAmE aSu.rcE iss7 ,ugust 23, 2000 (`. naa n,` _:�i ee.dcan{ . mw�ry -i _ tt.ctdu Sommerville Sommerville 2nd 2nd 2nd 2nd Time St. (North) St. (South) Avenue Avenue Avenue Avenue (West) (West) (East) (East) 14:00 157 115 43 47 39 19 15:00 189 120 60 61 43 26 16:00 191 148 46 48 40 15 17:00 180 130 51 49 39 21 18:00 198 144 51 66 35 20 19:00 291 215 62 65 71 36 20:00 211 180 57 58 51 45 21:00 125 87 44 33 40 16 22:00 120 95 41 38 39 15 23:00 67 32 28 20 30 20' 0:00 46 40 15 10 12 7 1:00 26 26 8 7 3 3 2:00 13 10 3 1 6 3 3:00 9 9 2 1 8 4 4:00 4 3 1 2 2 2 5:00 1 1 1 1 0 0 6:00 9 0 1 8 0 1 7:00 4 6 0 0 1 3 8:00 13 15 3 4 1 3 9:00 76 64 7 18 2 1 10:00 227 180 17 45 13 13 11:00 159 129 30 31 24 20 12:00 145 105 39 47 32 21 13:00 154 119 39 47 21 13 Nonh oY _South of Narthot - South of ,ugust 24, 2000 b dhn '; " - rn . a1.ai�� . Sarazin St. Sarazin St. 17th 17th 17th 17th Time (North) (South) Avenue Avenue Avenue Avenue (West) (West) (East) (East) 14:00 184 136 39 50 32 24 15:00 184 110 52 45 36 28 16:00 191 125 38 42 34 24 17:00 180 132 49 43 26 24 18:00 188 138 55 48 38 26 19:00 290 215 47 60 58 37 20:00 210 163 44 50 43 32 21:00 150 115 32 36 22 13 22:00 78 61 18 22 20 15 23:00 86 60 23 29 29 10 0:00 52 49 11 20 13 7 1:00 36 28 11 21 14 7 2:00' - - 35 29 6 10 12 3 3:00 9 9 2 6 12 5 4:00 10 8 2 2 3 1 5:00 0 0 0 0 0 0 6:00 7 2 7 2 2 3 7:00 10 6 1 0 2 1 8:00 22 21 4 3 3 4 9:00 62 73 13 11 4 6 10:00 202 158 46 28 17 14 11:00 156 109 38 30 22 12 12:00 201 154 41 27 39 21 13:00 194 130 46 59 49 20 Daily Daily Vehicle - 2615`1973 ' 649 70T 552 327 Vehicle - 2737 "'1631 - `r; 625; ?644 - 530 337 Count Count QI 1'\ lo41 "III NORTH CITY OF SAKOPEE Daily Traffic Volume Reporf w j W �Cn • � � zf JZ DATE PREPARED: 08 -28 -00 676 332 j Total Daily Volume Entering Intersection: 6864 South — 29.2% North — 39.0% West — 19.1 % East — 12.7% INTERSECTION 2ND AVENUE & SOMMERVILLE STREET I SHAKOPEE FROM 8 -23 -00 TO 8 -25 -00 SOURCE Traffic Counts 2ND AVENUE i t 676 332 j Total Daily Volume Entering Intersection: 6864 South — 29.2% North — 39.0% West — 19.1 % East — 12.7% INTERSECTION 2ND AVENUE & SOMMERVILLE STREET I SHAKOPEE FROM 8 -23 -00 TO 8 -25 -00 SOURCE Traffic Counts 2ND AVENUE CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Assessment Hearing for Sarazin Street, from St. Francis Avenue to 800 Feet South, Project No. 1999 -3 DATE: October 3, 2000 � a , 0111 ir 6 E �, Attached is Resolution No. 5420, declaring the cost to be assessed, ordering the preparation of proposed assessments and setting a public hearing date for Sarazin Street, from St. Francis Avenue to 800 feet south, Project No. 1999 -3. On July 20, 1999, the City Council approved Resolution No. 5185, awarding the contract to S.M. Hentges & Sons, Inc. of Shakopee, Minnesota for $125,480.04. The improvements have been essentially completed and final cost projection with the total construction costs for this project is at $120,492.89. Costs associated with administration and engineering for the project totaled $41,504.68. Trunk water charges being requested by Shakopee Public Utilities to be assessed total $7,753.05. The attached resolution shows how these costs are being paid and the total cost to be assessed. The feasibility report estimate for this project, including 10% contingency, and 25% indirect costs was estimated at $216,199.10. The feasibility report did not address trunk water charges. With this project, it has been calculated that the watermain oversizing costs to be paid by Shakopee Public Utilities are $2,476.39. At this time, staff does not have a written acknowledgement of this amount. However, it is anticipated that an agreement will be reached before Tuesday's Council meeting. ALTERNATIVES: 1. Adopt Resolution No. 5420. 2. Deny Resolution No. 5420. 3. Table for additional information from staff. Staff recommends Alternative No. 1. ��ZIlI1 M111A Offer Resolution No. 5420, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for Sarazin Street, from St. Francis Avenue to 800 Feet South, Project No. 1999 -3 and move its adoption. AW ; Bruce Loney Public Works Director BL /pmp MEM5420 ININ G09OW110MUM E , WHEREAS, a contract has been let for the improvement of Sarazin Street, from St. Francis Avenue to 800 feet south by street, storm sewer, concrete curb and gutter and all other appurtenant work and the contract price for such improvements was 5125,480.04 and the final contract price for such improvement is S120,492.89, and the expenses incurred or to be incurred in the making of such improvements amounts to 549,257.73, so that the total cost of the improvements will be 5169,750.62. Of this cost the City of Shakopee will pay 526,353.03 as its share of the cost and the Shakopee Public Utilities Commission will pay 52,476.39 as its share of the cost. O. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF O MINNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be S 140,921.20. 2. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and keep a copy of such proposed assessment in her office for public inspection. 3. That the City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. 1. That a hearing shall be held on the 8th day of November, 2000, in the Council Chambers of City Hall at 7:00 P.M. or thereafter, to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and she shall state in the notice the total cost of the improvements. She also shall cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 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 CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Assessment Hearing for Vierling Drive, Project No. 1998 -3 DATE: October 3, 2000 P 4 -'� , C 0 % I 1% t MM r Attached is Resolution No. 5421, declaring the cost to be assessed, ordering the preparation of proposed assessments and setting a public hearing date for Vierling Drive, from Fuller Street to the west plat boundary line of Orchard Park West, Project No. 1998- 3. The City Council ordered the preparation of plans and specifications by Resolution No. 4891 on April 21, 1998 for the above referenced project. On April 6, 1999, the City Council approved Resolution No. 5103, awarding the contract to NW Asphalt, Inc. of Shakopee, Minnesota for $257,528.44. The improvements have been essentially completed and final cost projection with the total construction costs for this project is at $266,822.93. Costs associated with administration, engineering and easement acquisition for the project totaled $126,196.26. Right -of -way acquisition costs totaled $30,270.00. Trunk water charges being assessed for Shakopee Public Utilities total $39,375.04. The attached resolution shows how these costs are being paid and the total cost to be assessed. The total project cost including trunk water charges is $462,659.23. The feasibility report estimate for this project, including 10% contingency, and 25% indirect costs was estimated at $352,142.55. Trunk water charges were not included in the feasibility report. The extra cost of this project above the feasibility report is due to the following reasons: 1. Right -of -Way acquisition costs. 2. Additional interest charges due to length of project. 3. Additional engineering expenses due to personnel turnover and plans required in metric versus English. 4. Trunk water acreage charge being assessed. The right -of -way and easement acquisition costs were much higher along with the attorney fees to acquire the right -of -way and easements than had been estimated. The interest charges for the project to date is approximately $26,000.00 in order for the City to cash flow the project until bonds are issued and State Aid funds obtained. The City was required to design this project in metric as per State Aid requirements. The Engineering Department did the design and the process had a "learning curve" and staff turnover in the midst of design are two reasons why there is a higher engineering cost. Trunk water charges were not included in the feasibility report. Recently Shakopee Public Utilities has requested the trunk water acreage charges for area benefiting be included in the project cost. The trunk charge has been calculated to be $39,375.04. Staff has completed the calculations for trunk watermain oversizing and trunk water acreage charges. However, Shakopee Public Utilities Commission's staff have not approved these calculations. It is anticipated that staff will be able to obtain Shakopee Public Utilities Commission's staff approval before Tuesday's meeting. If there are changes, a revised resolution will be placed on the table. ALTERNATIVES: 1. Adopt Resolution No. 5421. 2. Deny Resolution No. 5421. 3. Table for additional information from staff. 1 . Staff recommends Alternative No. 1. 1 1 1 , WHEREAS, a contract has been let for the improvement of Vierling Drive, from Fuller Street to the west plat boundary Line of Orchard Park West by street, storm sewer, concrete curb and gutter and all other appurtenant work and the contract price for such improvements was 5257,528.44 and the final contract price for such improvement is 5266,822.93, and the expenses incurred or to be incurred in the making of such improvements amounts to 5195,836.30, so that the total cost of the improvements will be 5461659.23. Of this cost the City of Shakopee will pay $71,696.50 as its share of the cost and the Shakopee Public Utilities Commission will pay S10,933.23 as its share of the cost. • THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF •PMINNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be 5380.029.50. 2. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and keep a copy of such proposed assessment in her office for public inspection. 3. That the City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof 1. That a hearing shall be held on the 8th day of November, 2000, in the Council Chambers of City Hall at 7:00 P.M. or thereafter, to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and she shall state in the notice the total cost of the improvements. She also shall cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , ?000. Mayor of the City of Shakopee ATTEST: City Clerk m CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Consider Adoption of Resolution No. 5424 Amending Fees for Administration and Regulation of Public Rights -of -Way DATE: October 3, 2000 U-01 9O RNMEM C 11 0 �`S Previously, City Council adopted Resolution No. 5408 on September 5, 2000, a resolution amending Resolution No. 5293, amending fees for administration and regulation of public rights -of -way for the City of Shakopee. Attached to this memo is Resolution No. 5424, a resolution amending the fees. • 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. With the implementation of the ordinance and fee schedule, staff has determined that the fee schedule should be amended for utility service connections. The proposed fee schedule revision is for the installation of utility service connections for electric, gas telephone and cable TV in new subdivisions. Per the ordinance, the installation of a service connection is an excavation and requires a excavation permit. In reviewing the costs of right -of -way management costs, a new service line connection installation requires less right -of -way management time. Staff is recommending a revised fee as inspection time and plan review times is less in a new installation scenario. The fee revision is under the excavation permit fee schedule and is recommended to be $45.00 for each hole for a new service line connection in developing areas. Service line repair or replacement in developed areas would be at the regular rate, as additional inspections and coordination is needed in an existing developed area. ALTERNATIVES: 1. Adopt Resolution No. 5424, a resolution amending Resolution No. 5408 amending fees for administration and regulation for public right -of -way for the City of Shakopee. 2. Deny Resolution No. 5424. 3. Table for additional information. Staff recommends Alternative No. 1. • ' • 1 1. Offer Resolution No. 5424, A Resolution Amending Resolution No. 5408, Amending Fees for Administration and Regulation for Public Right -of -Way for the City of Shakopee. truce Loney Public Works director BL /pmp MEM5424 Resolution Amendina Resolution 1 418 Amending 1 Administration an1 Regulation Of 1, Rights-of-Way For of 1 ;1 WHEREAS, the City Council has adopted a Fee Schedule for the fiscal year; and WHEREAS, Ordinance No. 570 requires additional administration and regulation duties to manage the public rights -of -way. NOW, THEREFORE, BE IT RESOLVED BY THE CITE' COUNCIL OF THE CITE' OF SHAKOPEE, MINNESOTA, That Resolution No. 5408„ is hereby amended for Work in Public Right -of -Way Permits as follows: Right -of -Way Permits A. Registration Fee B. Excavation Permit Fee 1. Hole 2. Emergency Hole 3. Hole for New Service Line Connection 4. Trench * The maximum length of a trench permit shall be 5,000 lineal feet C. Obstruction Permit * The maximum length of an obstruction permit shall be 5,000 lineal feet D. Delay Penalty 545.00 per registration 5125.00 S55.00 545.00 540.00 per 100 lineal feet Plus hole fee 550.00 plus S.06 per lineal foot for each obstruction 525.00 plus S25.00 per week or portion thereof E. Permit Extension (See Delay Penalty) F Ea] W Degradation Fee Unauthorized Work Permit Curb Cut Permit session of the City Council of the City of Shakopee, BE IT FURTHER RESOLVED, That this resolution supersedes Resolution No. 5408. 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 J S - r. s CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Request of Pheasant Run, L.L.P. Regarding Hourly Restrictions on Construction Activities - Pheasant Run 6 "' Addition DATE: October 3, 2000 M 1 By letter dated September 28, 2000, Pheasant Run, L.L.P., the developer and contractor for Pheasant Run 6"' Addition, 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. Pheasant Run, L.L.P. is requesting a suspension on the hours as follows: Saturday 7:00 A.M. to 5:30 P.M. through November 30, 2000 The earlier starting time is to expedite work in order to work longer hours to allow contractors to work earlier on Saturday to complete the project as soon as possible. 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. 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 Pheasant Run, L.L.P., as per their letter dated September 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. Staff recommends Alternative No. 1. KTQ @ 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 Pheasant Run, L.L.P., as per their letter dated September 28, 2000 and direct staff to publish notice of the suspension terms with the conditions as recommended by staff. A oney Public Works Director BL /pmp RESTRICT JAMEs R. HILL, INC. PLANNERS ENGINEERS SURVEYORS 2 500 WEST COUNTY ROAD 42, SUITE 120, B1jRN5V11,j,F, MINNE50TA 55337 (612) 890-604.4 FAX 890-6244 Mr. Bruce Loney City Engineer/Public Works Director City of Shakopee 129 Holmes Street Soull sl- j okopee, MN 55379 Dear Bruce: On behalf of our client, Pheasant Run L.L'T-, please accept this letter as a formal request for a variance to allow extended construction hours in the pending Pheasant Run 6' Addition. We would ask that the hours of consmiction be extended to TOO AM-5:30 PM on Saturdays iluough November 30 `h . This will definitely help us complete the construction before winter arrives. Thank you for your consideration. Sincerely, JAMES R. I-HILL, INC. Jim. S ASLA Vice President, Plam)ing JS:Vp cc: Shawn Dahl, Pbeasant Run L.L.P. Raymond G. Ames, Pheasant Run L.L.P. CrrY OF SHAKOPEE Memorandum CONSEN] T: Mayor & City Council Mark McNeill, City Administrator FROM: Tom Pitschneider, Fire Inspector SUBJECT: Adoption Fire Safety Codes and Policies ATE: September 29, 2000 'l1 Attached is Ordinance 581 amending section 10.29 or the Shakopee City Code. This amendment is at the direction of City Council action during the September 18 City Council meeting. Also attached is Resolution 5423 repealing Resolution 5264, which contains the same requirements as Ordinance 581. BACKGROUND: In conjunction with the Shakopee football homecoming game there has been a bonfire held on the evening prior to the football game. In previous years a burning permit was required for this fire, however, with the passage of Ordinance 562 regulating open fires in November of 1999 a fire of this size is longer allowed. Ordinance 562 provides for recreational fires for ceremonial purposes but limits the total fuel area to three (3) feet or less in diameter and three (3) feet or less in height. Council directed staff to prepare an Ordinance allowing for such fires for approval at the next Council meeting. This year's bonfire will be held on Thursday, October 5, 2000. Due to the time constraints involved Ordinance 581 will be published in the Shakopee Valley News on October 5, 2000. Council is asked to approve Ordinance 581 as consent business. I have spoken to John Anderson, Activities Director for the Shakopee Senior High School. Mr. Anderson has agreed to have students clean-up trash in the area of the bonfire and Public Works will be responsible for removal of ash from the site. Resolution 5264 adopted in November 1999 duplicated all but one of the requirements in the Ordinance 562. In writing Ordinance 581 the missing requirement has been added to Subsection 3. F. making Resolution 5264 obsolete. Council is being asked to adopt Resolution 5423, which repeals Resolution 5264 in its entirety. 1. Adopt Ordinance #581 — an Ordinance Relating to Open Burning and Recreational Fires and Amending Section 10.29 to the City Code. 2. Adopt Resolution #5423 — a Resolution repealing Resolution 5264 in its entirety. 3. Adopt only Ordinance #581. Staff recommends Alternative #1 and Alternative #2. Y 1► 'IT xf 1 � I Y 1. Adopt Ordinance #581— an Ordinance Relating to Open Burning and Recreational Fires and Amending Section 10.29 to the City Code. 2. Adopt Resolution 45423 — a Resolution repealing Resolution 5264 in its entirety. ORDINANCE NO. 581, FOURTH SERIES •�., V-10, I PX418 IM 1 011 ZQM'j V-" 0 L43M ON w o 1 ♦0 15.e),I THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAuv;!�: Section 1 — Section 10.29 of the Shakopee City Code is amended to read: SEC. 10.29. OPEN BURNING Subd. 1. Burning. It is unlawful for any person to bum or permit burning of any grass, weeds, leaves, rubbish or other substance upon premises owned or occupied by that person except as otherwise provided by this Code. Subd. 2. State Regulations. Minnesota Statutes Sections 88.16 — 88.171 are hereby adopted by reference as though set forth verbatim herein. Subd. 3. Exceptions. The following open burning shall be excepted from the regulation of this Section, provided that with respect to Subparagraphs C, D, E, and G below, an appropriate permit shall first be obtained. A. Open fires used solely for the preparation of food. B. Fires set for the instruction and training in the use of portable fire extinguishers. C. Fires set for the instruction and training of public and industrial fire fighting personnel. D . Fires set for the elimination of fire hazards, which cannot be abated by any other practical means. E. Fires set for i the clearing of land parcels greater than 20 acres in size agricultural crop burning on parcels, right -of -way maintenance operations and agricultural crop burning on from parcels of greater than 1 aem 5 acres in size. Onitrees, brush grass and other vegetable matter shall be burned on parcels greater than 5 acres in size. F. Recreational fires, providing that all the following criteria are met. For the purpose of this paragraph the following terms shall apply. a. Recreational Fire is the burning of materials other than rubbish for pleasure, religious, ceremonial, cooking or similar purposes where the fuel being burned is not contained in an incinerator outdoor fireplace barbecue grill or barbecue pit and where the total fuel area is three (3 ) feet or less in diameter and three (3) feet or less in height. b. Rubbish is waste material including but not limited to, garbage, waste paper, leaves, grass yard and garden waste debris from construction or demolition, hazardous materials oils rubber, plastic chemically treated materials or other materials which produce excessive or noxious smoke. 1. Recreational fires shall not be conducted within 25 feet of a single or multi - family residential structure or any commercial structure unless contained in an approved barbecue pit eenstmeted of eenerete an outdoor fireplace constructed of non - combustible materials containing a base supported by a minimum of three (33,)llegs, a wire mesh screen on all sides and a lid. Conditions, which could cause a fire to spread to within 25 feet of a structure, shall be eliminated prior to ignition. 2. An outdoor fireplace as defined above shall not be used within 15 feet of a sin lg a or multi - family structure or commercial structure. 3. Buckets, shovels, garden hoses or a fire extinguisher with a minimum 4 -A rating shall be readily available for use at recreational fires. 4. Recreational fires shall be constantly attended by a person knowledgeable in the use of fire extinguishing equipment. An attendant shall supervise a recreational fire until such fire has been extinguished. 5. Any member of the Shakopee Fire Prevention Bureau, Officer of the Shakopee Fire Department, Minnesota DNR, Shakopee Police Department or Scott County Sheriff Department is authorized to require that recreational fires be immediately discontinued if such fires are determined to constitute a hazardous or nuisance condition. 6. Recreational fires will not be allowed if a total burning ban is in effect. 7. Maximum wind speed including gusts must not exceed 15 MPH. 8. The prevailing winds must be away from occupied structures. G. Bonfires providing that all the following; criteria are met. For the purpose of this paragraph the followin., terms shall apply. a. Bonfire is the burning of materials other than rubbish for pleasure, religious, ceremonial, cooking or similar purposes where the fuel being burned is not contained in an incinerator, outdoor fireplace barbecue grill or barbecue pit and where the total fuel area is gxeater than three Q feet in diameter and greater than three (3) feet in height. b. Rubbish is waste material including, but not limited to garbage, waste paper, leaves, grass yard and garden waste debris from construction or demolition, hazardous materials oils rubber, plastic chemically treated materials or other materials which produce excessive or noxious smoke. 1. Permits will only be issued for bonfires at community involvement functions, spiritual functions and special event functions approved by the Shakopee Fire Prevention Bureau and the Shakopee Fire Department. 2. The bonfire shall not be conducted within 250 feet of a single or multi - family residential structure or any commercial structure. Conditions, which could cause a fire to spread shall be eliminated prior to ignition. 3. The fuel area shall be contained to an area not to exceed 15 feet in diameter. . Shakopee Fire Department personnel and apparatus shall be on stand -by at the bonfire site until such time that the fire is in their judgment. contained. 5. Upon request of the Shakopee Fire Prevention Bureau. Shakopee Fire Department or Shakopee Police Department the permit holder shall provide an attendant to supervise the bonfire until such fire has been extinguished. 6. The bonfire shall be immediately discontinued if such fire constitutes a hazardous or nuisance condition. 7. Bonfires will not be allowed if a total burning ban is in effect. Subd. 4. Permit Required. Burning pursuant to Subparagraphs C, D, E, and G of Subdivision 3 hereof shall be permitted upon the issuance of a special permit by the Shakopee.Fire Prevention Bureau, under the following conditions: A. The permit holder, or his/her authorized representative, will be present at any fire so allowed. B. Such burning will be done only when weather conditions are such that resultant smoke will be carried away from the neighboring residences or other affected property owners or public roadways. C. That such permit be subject to revocation at any time if the City determines that there is a practical, available alternative method for disposal of the material to be burned or that such burning will constitute a fire hazard, or health hazard, or that a traffic hazard would result. D. Such burning must be done in accordance with State Regulations and this ordinance. Section 2 — Effective Date. This ordinance becomes effective from and after its passage and publication. session of the City Council of the City of Shakopee, Minnesota, held day of , 2000. Mayor of the City of Shakopee City Clerk my • • • TBEREFORE, RESOLVED BY TBE COUNCIL OF I; OF SHAKOPEE, MINNESOTA, that Resolution 5264 be repealed in its entirety. 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 B @ a CITY OF SHAKOPEE Mem orandu m To: Honorable Mayor, City Council Mark McNeill, City Administrator From: Dan Hughes, Chief of Police Date: September 28, 2000 Subject: 2000 -2003 Police Liaison Agreement 7= 1, The Police Department is seeking approval of the 2000 -2003 Police Liaison Agreement between Independent School District 720 and the City of Shakopee. l i :r The City, after council approval, first made application for a COPS in Schools grant in the summer of 1999. We were unsuccessful with that application process. We conferred with the COPS Office over the next few months and reapplied for funding in May of 2000. The 2000 application requested 2 police officer positions be funded over three years. The police officers would be assigned to the junior and senior high schools during the school year. The grant would fund $125,000 per officer position over the three years of the grant with the school district and City picking up the remaining costs associated with the positions. In the spring of 1999 the City Council approved the application for this grant with a funding amount shared between the city and the school district. At the time of application the city and the school district agreed to split the funding 50/50 when the officers were assigned into the schools. This represents an annual cost split, where the school district pays for 33.5% of the officer's salary during the calendar year. The COPS Office informed us that we have been awarded the two COPS in Schools positions requested in our grant application. Before we can begin drawing any grant dollars the City and School District 4720 must enter into a formal agreement. (See attached) The Superintendent of Shakopee Public Schools has reviewed the agreement and has agreed to take the proposed agreement to the school board at the earliest opportunity. B u d get pact: The agreement identifies 33.5% of the cost of the local match portion of the grant, as the amount the School District will pay the City for services during the 2000 -2003 school years. This percentage rate converts to approximately $2840 the first year, $7960 the second year, and $13,640 the third year contributed by School District #720 in support of the two positions. The City's portion will be $5630 the first year, $15,800 the second year, and $27,000 for the third and final year of the agreement. The dollar values were calculated using the current labor agreement hourly rate for police officer. Action Re L 2 g �e � s Chief of Police /s, 13 . , CITY OF SHAKOPEE Memorandum To: Honorable Mayor, City Council Mark McNeill, City Administrator From: Dan Hughes, Chief of Police/ Date: September 28, 2000 Subject: 2000 -2003 Police Liaison Agreement Introduction: The Police Department is seeking approval of the 2000 -2003 Police Liaison Agreement between Independent School District 720 and the City of Shakopee. Background: The City, after council approval, first made application for a COPS in Schools grant in the summer of 1999. We were unsuccessful with that application process. We conferred with the COPS Office over the next few months and reapplied for funding in May of 2000. The 2000 application requested 2 police officer positions be funded over three years. The police officers would be assigned to the junior and senior high schools during the school year. The grant would fund $125,000 per officer position over the three years of the grant with the school district and City picking up the remaining costs associated with the positions. In the spring of 1999 the City Council approved the application for this grant with a funding amount shared between the city and the school district. At the time of application the city and the school district agreed to split the funding 50/50 when the officers were assigned into the schools. This represents an annual cost split, where the school district pays for 33.5% of the officer's salary during the calendar year. The COPS Office informed us that we have been awarded the two COPS in Schools positions requested in our grant application. Before we can begin drawing any grant dollars the City and School District #720 must enter into a formal agreement. (See attached) The Superintendent of Shakopee Public Schools has reviewed the agreement and has agreed to take the proposed agreement to the school board at the earliest opportunity. Budget Impact: The agreement identifies 33.5% of the cost of the local match portion of the grant, as the amount the School District will pay the City for services during the 2000 -2003 school years. This percentage rate converts to approximately $2840 the first year, $7960 the second year, and $13,640 the third year contributed by School District #720 in support of the two positions. The City's portion will be $5630 the first year, $15,800 the second year, and $27,000 for the third and final year of the agreement. The dollar values were calculated using the current labor agreement hourly rate for police officer. Action Requested: If Council concurs, they should, pass a motion authorizing the appropriate City officials to enter into the Police Liaison Agreement between Independent School District 720 and the City of Shakopee for the 2000 -2003 school years. L .1 es Chief of Police '� � 1 : 1 C 1 1 1 '• 1 -Nff fillnl I 1 THIS AGREEMENT made this day of , 2000 by and between the INDEPENDENT SCHOOL DISTRICT 720, a school district, (hereinafter "School District ") and the CITY OF SHAKOPEE, a public corporation and political subdivision of the State of Minnesota, (hereinafter " City"). Recitals A. The City and the School District desire to deter and prevent violence within its junior and senior high schools. B. The federally funded COPS in Schools program provides monetary grants to communities to hire police liaison officers to address violence related issues within schools. C. To that end, the City and the School District desire to collaboratively participate in the COPS in Schools program. NOW, THEREFORE, the City and the School District agree as follows: Terms 1.0 "COPS" PROTECT FUNDING INUL IATIVE. The City, through its police department, will make application to the United States Department of Justice's COPS Office to request a "COPS in Schools" grant to help fund the school liaison officer position(s). 2.0 TERM. The term of this contract shall be from .2000 to , 2003. 3.0 OFFICER SELECTIONS. The City will, depending on staffing levels, employ or assign, in accordance with all applicable state laws, the police officers that will participate in or serve as employees in the COPS in Schools program. The City will employ or assign two (2) officers to serve as school liaison during the term of this agreement. The number of police officers serving in the liaison position may be modified upon agreement of the City, the School District and the COPS Office. 4.0 PROGRAM FUNDING. The School District will fund 33.5% of the cost of the unfunded portion of the grant for the officers. 5.0 SCHOOLS SERVED. The Shakopee junior and senior high schools will receive police liaison services under this contract. DPD- 164859 SH155 -23 6.0 OFFICER COMPENSATION. The City will be responsible for all payments regarding compensation, benefits, pension plans, and withholdings for the officers serving in the liaison capacity. For the contract term, the School District will reimburse the City as outlined in section 4.0 of this document regarding the costs of the officer(s) for their work while in the COPS program capacity. 7.0 DUTIES OF THE OFFICER The list of duties and work schedule of the officer(s) shall be developed and agreed upon by the City and the School District. The law enforcement services provided to the School District will be at the sole discretion of the City. Officer standards of performance, conduct and discipline of the liaison, performance reviews, and other internal matters related to enforcement services shall be under the authority of the City. The School District shall provide the City with a written appraisal of the services rendered by the police liaison at the end of each contract term. The School District shall immediately notify the City in writing of any performance deficiencies or inappropriate conduct of the liaison. All disciplinary action shall be under the authority of the City. Time spent in excess of eight (8) hours will be on a specific, case -by -case basis and requiring the advance approval of the City and the School District. Compensation for the excess time worked will be paid according to the officer's regular police contract. 8.0 ADDITIONAL OFFICER DUTIES. The liaison officer will respond to emergency calls within the boundaries of the City, attend police training, and any other special duties as assigned by the City while fulfilling the liaison requirements under this contract. 9.0 CER SUPPLIES AND EQUIPMENT. The City shall provide any required clothing, uniforms, vehicles, necessary equipment and supplies for the liaison officer to perform law enforcement duties. The School District shall provide the liaison officers with an office, telephone, and other supplies necessary to perform required duties as outline pursuant to section 7.0 of this contract. 10.0 TERMINATION. Either party may terminate this agreement upon a sixty (60) day written notice to the other of such termination. In the event of a termination, any payments due shall be prorated. 11.0 INDEMNIFICATION. Except for claims arising out of the willful or negligent act of the other party or its representatives, each party shall indemnify and defend the other parry against all claims, expenses, and liabilities incurred, including reasonable attorney fees, related to claims for loss of life, personal injury, and/or damage to property arising out of any occurrence in, upon or at the School District properties in accordance with the execution of the police liaison duties under this contract. 12.0 NOTICE. Any notice, demand, request or other communication-that may or shall be given or served by the parties, shall be deemed to have been given or served on the date the same is deposited in the United States mail, registered or certified, postage DPD- 164859 2 SH155 -23 prepaid and addressed as follows: If to the City: Attn: Police Chief, Shakopee Police Department, 476 Gorman Street, Shakopee, Minnesota 55379; If to the School District: Attn: Superintendent, 505 South Holmes Street, Shakopee, Minnesota 55379. 13.0 ENTIRE AGREEMENT; AMENDMENTS. This contract constitutes the entire agreement between the parties, and no other agreement prior to this agreement or contemporaneous herewith shall be effective except as expressly set forth or incorporated herein. Any purported amendment shall not be effective unless it shall be set forth in writing and executed by both parties. CITE' OF SHAKOPEE By Its Mayor By Its City Administrator By Its City Clerk SCHOOL DISTRICT 720 By Its Board Chair By Its Superintendent DPD- 164859 3 SH155 -23 CITY OF SHAKOPEE Memorandum To: Honorable Mayor, City Council Mark McNeill, City Administrator From: Dan Hughes, Chief of Police 991— Date: September 28, 2000 Subject: 2000 -2001 D.A.R.E. Educational Services Agreement Introduction: The Police Department is seeking approval of the 2000 -2001 D.A.R.E. Educational Services Agreement between Independent School District 720 and the City of Shakopee. Background: State Statute allows school districts to levy a one dollar and fifty cents ($1.50) tax for every resident of the school district for the purposes of funding drug education programs within the district. This levy is commonly referred to as the D.A.R.E. tax. Independent School District 720 elected to levy the D.A.R.E. tax a number of years ago. For the past four school years the District and Department have used the funds to subsidize many of the programs the Department conducts in the schools. D.A.R.E.(Drug Abuse Resistance Education), G.R.E.A.T. (Gang Resistance Education And Training), Officer Friendly, Halloween Safety, and bike safety are examples of programs we plan to provide in the schools during the 2000 -2001 school year. These programs coupled with numerous hours of liaison activity should have a direct positive impact on our youth and their relationship with the police. Council approved a similar agreement for the 1999 -2000 school year. In past years this agreement was presented for Council approval prior to the start of the school year. Staff chose to wait on the execution of the agreement pending the outcome of the School Resource Officer grant application process. The agreement language has been modified to remove redundant services provided by the DARE Officer and the School Resource Officer positions. Budget pact: The agreement identifies $30,640 as the amount the School District determined as available to pay the City for services during the 2000 -2001 school year. It is anticipated this amount will grow proportionately as the City and District population increase. The District is not requesting additional services from the Police Department for the term of this agreement. Action Requested: If Council concurs, they should, pass a motion authorizing the appropriate City officials to enter into the D.A.R.E. Educational Services Agreement between Independent School District 720 and the City of Shakopee for the 2000 -2001 school year. D.A.R.E and Educational Services Agreement Independent School District 720 and the City of Shakopee This Agreement is made and entered into the day and year set forth below, by and between Independent School District No. 720 (hereinafter "School District: ") and the City of Shakopee (hereinafter "City "). The parties enter into this Agreement pursuant to Minnesota Statute 126C.44. For purposes of this agreement, the School District's participating elementary schools are, Pearson, Sweeney and Sunpath. For purposes of this agreement, the School District's participating secondary schools are the Shakopee Junior High and the Shakopee Senior High. The parties hereto agree as follows: 1. The City agrees to provide a state certified police officer, certified as a D.A.R.E. instructor, to instruct the D.A.R.E. (Drug Abuse Resistance Education) program in the School District's elementary schools. 2. The City agrees to provide a state certified police officer in each of the School District's elementary schools for the purposes of educational programming (i.e.: Officer Friendly, Halloween safety, bicycle safety). 3. The City agrees to have an officer available to the District's elementary schools on an "on call" basis for police liaison services. These police liaison services shall include, but not be limited to, prevention of delinquency, protection of life and property, and law enforcement. 4. The parties agree that the police officers assigned to provide educational and police liaison services in the schools are employees of the City and its Police Department. The officers shall operate under the administration and supervision of the police department, but will work in cooperation with school administrators to achieve mutually agreed goals for the police department, school and students. 5. The School District shall pay the City the amount of $30.640.00 for the services included in this Agreement. The payment shall be made upon receipt of an invoice from the City. 6. This Agreement is effective for the 2000 -2001 school year. This Agreement dated this day of Board Chair, Anne Tuttle Superintendent, Jon McBroom 2000. Mayor, Jon Brekke City Administrator, Mark McNeill Police Chief, Dan Hughes City Clerk, Judy Cox /S - . ° r C OF S OPEE Memorandum CONSENT To: Honorable Mayor, City Council Mark McNeill, City Administrator From: Dan Hughes, Chief of Police Date: September 28, 2000 Subject: Acceptance of the COPS in Schools Grant Introduction The Shakopee Police Department is seeking authorization for the appropriate City Staff to accept the COPS in Schools grant. Background The City made application for a COPS in Schools grant in the summer of 1999. We were notified in the winter of 1999 -2000 that our grant was not selected for funding. We were told to reapply in the spring of 2000 when more funds would be made available to local jurisdictions. We reapplied in May 2000 for funding of 2 police officer positions, one for the junior high school and the second for the senior high school. We were notified on September 15, 2000 that the COPS Office awarded the City both positions. Budget Impact The grant award is for $125,000 per position over three years or $250,000 over the next three years. The annual cost of a police officer position under the current labor agreement is approximately $49,000 (includes benefits) or $150,000 over the next three years. School District #720 has agreed to pay 33.5% of the unfunded cost of the two positions. Action Requested If Council approves, they should, by motion, authorize the appropriate City Staff to enter into a gppt agreement with the U.S. Department of Justice, COPS Office for three years fun ' . ofkwo school resource officer positions. Chief of Police 1s.c.l CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark Themig, Facilities and Recreation Director Date: 26 September, 2000 Subject: Shakopee Youth Hockey Association Advertising and Concession Agreements INTRODUCTION City Council is asked to review the proposed agreements between the City and Shakopee Youth Hockey Association for the operation of the Ice Arena concession stand and a dasher board /wall banner advertising program. BACKGROUND AND DISCUSSION Concession Agreement Shakopee Youth Hockey Association (SYHA) and the City entered into an agreement for the operation of the Ice Arena concession stand in 1995. Since that time, SYHA has coordinated its overall operation and contributed a percentage of the revenue to the City. Overall, the arrangement has been successful for both SYHA and the City. While providing a good service to arena spectators, the arrangement has minimized City costs associated with staffing, food inventory, and supervision of the operation. Two changes are being proposed for the 2000 agreement: The first is a change in the percentage paid to the City from 15% gross receipts, to 15% net receipts. This is consistent with the recently adopted agreement for the Joe Schleper Stadium concession operation. In conjunction with this change, SYHA will be responsible for all repair and replacement of equipment used in the preparation of food products, as well as any costs from spoilage associated with the failure of such equipment. • The second is the inclusion of an arrangement where SYHA will receipt revenue for a skate sharpening program, which will be coordinated by our Ice Arena Maintenance Operator. A skate sharpening machine was part of the Community Center construction; however, skate sharpening has not been provided. Individuals who want their skates sharpened will pay for this service at the concession stand, and in turn, this money will be transferred to the City as part of the regular concession payment. This arrangement eliminates City staffs need to handle cash in the arena. This agreement would be a one -year agreement, terminating on September 30, 2001. Advertising Agreement Since the Community Center opened in 1995, the City has coordinated a limited advertising program for the arena, consisting of wall banner advertising. Although a similar advertising agreement was proposed in 1997, SYHA rejected the proposal. The present agreement was negotiated to provide a revenue source for SYHA that will help control per participant costs for ice rented at the arena, while ensuring the City meets budgeted revenue projections. In addition, it requires that SYHA conduct the majority of administrative work associated with this program. Responsibilities of the agreement are as follows: 1. Shakopee Youth Hockey Association • Locate advertisers for a two -year advertising agreement. All advertisers are subject to approval by the City. • Designate one representative to work with the City. • Pay the City an amount equal to 25% net the first year, and 25% gross the second year for each advertisement. In the event that the City's projected revenue will be less than $5,000 for any year, the City may choose to sell unsold advertisements and retain the full sales amount. • Work with advertisers and an agreed upon company to design and produce the advertisements. All ads are subject to approval by the City. • Provide an annual Advertising Sales financial report to the City. 2. City • Coordinate installation of advertisements. In the event that specialized skills, equipment, or tools are needed, SYHA will be responsible for these costs. 3. Shared Responsibilities • Develop promotional materials for the program. Costs for production will be the responsibility of SYHA. • Research, interview, and select a business or businesses to produce advertisements. This agreement would be a two -year agreement, terminating on December 31, 2002. BUDGET IMPACT Concession Agreement Total SYHA concession revenue for 1999 was $26,633.20, resulting in a $3,994.98 payment to the City. Their estimated costs for product were $16,055. By converting from 15% gross to 15% net, the 1999 City payment would have been reduced to $1,586.73. We estimate 2001 revenue to be $1,50042000. If the City were to operate the concession stand during the same hours has required in this agreement, the estimated staff costs would be approximately $8,000. Additional staff time would be required for supervision, inventory management, and cash control. Advertising Agreement Revenue for 1999 banner advertising sold by the City totaled $4,000. The program proposed in this agreement expands advertising by adding dasher boards and increasing the number of banner ads. If the City were to conduct the program, a revenue potential of $28,850 for the first year ad $41,550 during the second year is possible, assuming the sale of all 16 wall panels and 37 dasher boards. However, this is an aggressive goal and would require a substantial commitment of staff time. As an alternative, this agreement sets a goal for SYHA to pay the City $5,000 each year for advertising (the amount included in the Department's 2001 budget request). If SYHA projects the annual payment to the City to be less than $5,000, the City may choose to sell any unsold advertisements beginning on July 1. A breakdown of possible revenue scenarios is included in "Exhibit A" of the Advertising Agreement. SYHA has requested that if their annual payment exceeds $5,000, any amount above $5,000 be designate for a future arena project, such as the construction of a storage area for Association equipment. ALTERNATIVES 1. Approve the Concession and Advertising agreements as proposed. 2. Approve the Concession and Advertising agreements, including a condition that City revenue in excess of $5,000 for advertising sales be designated for a future arena project. 3. Modify the proposed agreements and approve. 4. Direct staff to conduct either program in- house, designating the appropriate resources to conduct these programs. 5. Do nothing. RECOMMENDATION Draft agreements were presented to the Park and Recreation Advisory Board at their August 28 meeting, and final changes at their September 25 meeting. The Park and Recreation Advisory Board moved to recommend both agreements as presented to Council. Due to timing, they did not have an opportunity to consider SYHA's request to dedicate advertising revenue above $5000 for future arena projects. Pending final review of these agreements by the City Attorney, staff recommends entering into an agreement with the Shakopee Youth Hockey Association for the provision of concession services and a banner /dasher board advertising program. REQUESTED ACTION Council is asked to consider these agreements, the projected City revenue, and the request to dedicate advertising revenue paid to the City in excess of $5,000 for future arena projects. Mark Themig e "_ Facilities and Recreation Direc or SHAKOPEE YOUTH HOCKEY ASSOCIATION CONCESSION 2000-2001 This agreement made and entered into this day of 1 2000, by and between the City of Shakopee, a Minnesota municipal corporation, located at 129 Holmes Street, Shakopee, in the County of Scott, State of Minnesota (hereinafter referred to as "the City ") and Shakopee Youth Hockey Association, a nonprofit corporation in the County of Scott, State of Minnesota (hereinafter referred to as "SYHA "). WITNESSETH: Whereas, the City of Shakopee is desirous of providing efficient concession services to Shakopee Ice Arena patrons, and generate revenue; and Whereas, SYHA wishes to provide concession services at the Shakopee Ice Arena in order to raise funds for the ongoing support of youth hockey in the community; and Whereas, SYHA uses concession earnings to rent ice time at the Shakopee Ice Arena, which is beneficial to the City. Now, therefore, in consideration of the promises, terms and conditions stated herein, the parties agree as follows: I. DUTIES AND RIGHTS OF SYHA A. SYHA agrees to provide full and complete services for the sales of food concessions at the Shakopee Ice Arena r concession stand between the hours of 6:00 p.m. and 10:00 p.m. Monday through Friday and 8:00 a.m. and 10:00 p.m. Saturday and Sunday, excluding holidays. The City may request SYHA to provide these services at additional times and SYHA shall meet these requests, if given two weeks notice. B. SYHA agrees to pay the City an amount equal to Fifteen Percent (15 %) of the net receipts from concessions at the Shakopee Ice Arena, for the use of Arena concession stand facilities and equipment. Net profits shall be defined as gross sales less the cost of products, materials, and sales taxes to be paid. C. Payments shall be made monthly, on or before the fifteenth (15 day of the month for 2000 -2001. D. SYHA agrees to purchase and maintain all food goods, materials and supplies necessary for the Ice Arena concession stand. SYHA may sell souvenirs and other hard goods not sold by the Ice Arena, as approved be the City in writing. SYHA souvenirs and other hard good sales shall not be subject to the commission specified in I.B., above. E. SYHA agrees to provide, maintain and repair facilities and equipment as necessary for the sale of concessions. SYHA will be responsible for the cost of any spoiled frozen or refrigerated foods due to the failure of such equipment. If equipment is needed, either in replacement of or addition to the existing equipment, the equipment must meet appropriate NSF standards. F. SYHA agrees to provide all manager(s), supervisor(s), attendant(s), and other personnel for its Ice Arena concession operations, and train those personnel in food preparation and handling procedures as required by any and all government agencies. SYHA also agrees and understands that nothing contained herein creates or establishes the relationship of copartners between itself and the City and that it is an independent contractor and its officers, managers, supervisors, volunteers, attendants and other employees are not employees, agents or representatives of the City with respect to any services performed under this agreement. Such personnel or other personnel associated with SYHA shall not be entitled to any compensation, rights or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Worker's Compensation, Unemployment Compensation, disability or severance pay and PERA. G. SYHA agrees to maintain an internal control system which includes Cash Demand System and a Cash Report, on forms approved the City. Such reports shall be submitted along with each monthly remittance of the City's share of the gross receipts. In accordance with Minnesota Statutes 16B.06, Subdivision 4, SYHA further agrees to allow the City or the State Auditor or their agents to review, upon request, all records associated with the performance of the agreement, including invoices for concession goods and supplies, all canceled checks for payment of such invoices, all inventory records, and to be present at the taking of inventories, and to verify inventory shrinkage records. Gross receipts shall be agreed upon by the City Finance Director. SYHA will maintain a separate checking account for concessions operations. H. On or before April 1, of each year, SYHA shall provide the City with a copy of the year -end Ice Arena Concession financial report prepared by SYHA for its Board of Directors. SYHA shall conduct its activities upon the premises so as not to endanger any person lawfully thereon; and shall indemnify, save and hold harmless the City and all of its officers, agents and employees from any and all claims, losses, injured, damages and liabilities to persons or property occasioned wholly or in part by the acts or omissions of SYHA, its agents, officers, employees, volunteers, patrons, or any persons associated with or served by SYHA concessions operations. J. SYHA agrees to carry a certificate of insurance for comprehensive general liability in the minimum amount of $1,000,000 per occurrence, $1,000,000 general aggregate, $1,000,000 food product liability per occurrence, and fire /property damage in the amount of $100,000 per occurrence. The required insurance certificate must name City of Shakopee, its officials, agents, employees, and volunteers as additional insured's. A copy of the certificate must be submitted to the City Clerk, and all policies shall provide and the certificates issued evidence that the City will be notified at least 30 days prior to cancellation or modifications of coverage. Renewal certificates shall be provided to the City 2 30 days prior to the expiration date of coverage. All insurance must be provided at SYHA expense and at no costs to the City. K. SYHA or the City may terminate this agreement upon thirty (30) days written notice to the other party, except as outlined in II.B. In the event of such termination by either party, SYHA agrees to pay the City the full remittance owed as of the date of termination. L. SYHA agrees to comply with Minnesota Statutes 181.59 and other related state and federal laws prohibiting discrimination in performance of this agreement on the basis of race, color, creed, religion, national origin, sex, marital status, disability and status with regard to public assistance, age or familial status. SYHA agrees to hold harmless and indemnify the City from costs including but not limited to damages, attorney fees and staff time in any action or proceeding alleging illegal discrimination. M. SYHA agrees to comply with the Americans With Disabilities Act and not to discriminate on the basis of disability in the admission or access to, or treatment of employment in its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services, programs, and activities. The City has designated coordinators to facilitate compliance with the Americans Disabilities Act of 1990 (ADA), as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. SYHA agrees to hold harmless and indemnify the City from costs including but not limited to damages, attorney fees and staff time in any action or proceeding alleging a violation of the ADA. II. DUTIES AND RIGHTS OF THE CITY OF SHAKOPEE A. The City agrees to obtain and maintain all licenses and permits necessary to operate a concession stand as required by any and all governmental agencies. B. The City agrees to provide storage for SYHA inventories, subject to the limitations of available space at the Ice Arena. C. The City may immediately terminate this agreement in the event that SYHA fails to provide concession services or dasher board advertising in accordance with Shakopee Ice Arena schedule of events or otherwise fails to perform its duties under this agreement. III. JOINT DUTIES AND RIGHTS A. SYHA and the City agree to work to develop a security plan for controlling access to the concession area. This plan will designate which SYHA personnel will be issued keys to the concession stand. Individuals on this list may not transfer their keys to other individuals without prior approval by the City. The plan will also designate which City staff have access to the concession area for conducting building maintenance, inspections, etc. 3 B. SYHA agrees to receive and account for cash received for skate sharpening. The City will provide the skate sharpening services. All revenue received by SYHA for skate sharpening shall be transferred monthly to the City, in conjunction with payment required for use of the concession stand as identified in I.C. above. C. SYHA and the City agree to share equally the cost of any losses resulting from spoilage of frozen or refrigerated foods due to a power outage. SYHA shall thoroughly document such losses. D. SYHA and the City agree that the types, serving sizes, prices and packaging of concession items sold by SYHA shall be mutually agreed upon by the Shakopee Facilities and Recreation Director and SYHA. E. SYHA and the City agree that in the event a tournament sponsored by a local sports association is held in the Community Center during the terms of this agreement, that SYHA will pass on a share of its concession revenue generated during the tournament to the association. The amount of share shall be mutually agreed by SYHA and the City. F. It is mutually understood and agreed that this Agreement represents the entire agreement between the parties and supersedes all prior agreements or proposals, written or oral, and that no alternation, modification or addenda to the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. G. This Agreement shall not be assignable except by the written consent of the City. H. This Agreement shall be governed by the laws of the State of Minnesota. I. The term of this agreement shall be from date of signature by both parties through September 30, 2001. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their proper officers, thereunto duly authorized, as of the day and year first above written. CITY OF SHAKOPEE SHAKOPEE YOUTH HOCKEY ASSOCIATION Mayor City Administrator President City Clerk in SHAKO PEE OASSOCIATION ADVERTISING AGREEMENT 2000-2002 This agreement made and entered into this day of , 2000, by and between the City of Shakopee, a Minnesota municipal corporation, located at 129 Holmes Street, Shakopee, in the County of Scott, State of Minnesota (hereinafter referred to as "the City ") and Shakopee Youth Hockey Association, a nonprofit corporation in the County of Scott, State of Minnesota (hereinafter referred to as "SYHA!'). WITNESSETH: Whereas, the City of Shakopee is desirous of generating revenue through the use of dasher board and banner advertising; and Whereas, SYHA wishes to sell dasher board and banner advertising at the Shakopee Ice Arena in order to raise funds for the ongoing support of youth hockey in the community; and Whereas, SYHA uses dasher board and banner advertising to rent ice time at the Shakopee Ice Arena, which is a benefit to the City. Now, therefore, in consideration of the promises, terms and conditions stated herein, the parties agree as follows: I. DUTIES AND RIGHTS OF SYHA A. SYHA shall use its best efforts to locate advertisers for available advertising space in the Shakopee Ice Arena and to negotiate advertising contracts for the arena, provided that all the advertising contracts are subject to the following: (1) advertising rates shall be at the rates approved by the City; (2) the advertiser is satisfactory to City. All advertisements shall be based on the Shakopee Ice Arena Advertising Program (Exhibit A). B. SYHA shall designate one representative that will act as the association's liaison in coordinating activities with the City:. C. SYHA agrees to pay the City an amount equal to Twenty Five Percent (25 %) net the first year, and Twenty Five (25 %) gross the second year from the sale of dasher board and banner advertising. SYHA shall project total revenue for the calendar year and report the total projected annual City payment on June 30. In the event that this annual payment is projected to be less than $5,000, the City may choose to sell unsold advertisements beginning July 1, retaining the full sales amount. It is understood that SYHA will invoice all advertisers, and advertisement payments will be made to SYHA at its mailing address. Payments due to the City will be made to the City on a quarterly basis (Jan 1, April 1, July 1, Oct 1). Cash flow reports and inventory lists will be forwarded to the City on a quarterly basis. D. SYHA shall be responsible for working with advertisers on design and production of advertising panel and /or artwork. SYHA shall review all artwork and ensure that it meets the standards set forth by the City. SYHA shall obtain City approval of artwork prior to production. The City reserves the right to reject any copy, pictorial, or graphic, that (1) is inappropriate for children or young adults (no sex, drugs, alcohol or tobacco are permitted); (2) is a violation of existing laws; or (3) in any way reflects negatively on the character, integrity or standing of any individual, group, firm or corporation. E. On or before April 1 of each year, SYHA shall provide the City with a copy of the year -end Advertising Sales financial report prepared by SYHA for its Board of Directors. F. SYHA or the City may terminate this agreement upon thirty (30) days written notice to the other party, except as outlined in II.A. In the event of such termination by either party, SYHA agrees to pay the City the full remittance owed as of the date of termination. G. SYHA agrees to comply with Minnesota Statutes 181.59 and other related state and federal laws prohibiting discrimination in performance of this agreement on the basis of race, color, creed, religion, national origin, sex, marital status, disability and status with regard to public assistance, age or familial status. SYHA agrees to hold harmless and indemnify the City from costs including but not limited to damages, attorney fees and staff time in any action or proceeding alleging illegal discrimination. H. SYHA agrees to comply with the Americans With Disabilities Act and not to discriminate on the basis of disability in the admission or access to, or treatment of employment in its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services, programs, and activities. The City has designated coordinators to facilitate compliance with the Americans Disabilities Act of 1990 (ADA), as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. SYHA agrees to hold harmless and indemnify the City from costs including but not limited to damages, attorney fees and staff time in any action or proceeding alleging a violation of the ADA. II. DUTIES AND RIGHTS OF THE CITY OF SHAKOPEE A. The City may immediately terminate this agreement in the event that SYHA fails to locate advertisers, or otherwise fails to perform its duties under this agreement. B. The City will coordinate installation of advertising within agreed upon time frame. In the event that specialized skills, equipment, or tools are needed for installation, it is understood that SYHA will be responsible for these costs. 2 111111. JOINT DUTIES AND RIGHTS A. SYHA and the City agree to prepare, or have prepared, advertising and promotional materials to be used by SYHA in the solicitation of advertisers. Any costs for professional design or printing services shall be responsibility of SYHA. B. SYHA and the City agree to coordinate the administration of advertising contracts, including production, and securing signatures. C. SYHA and the City agree to mutually research, interview, and select a business (or businesses) to produce advertisements. It is understood that all costs associated with the design, production, and installation (when beyond the ability of City staff) of advertisements shall be the responsibility of SYHA. D. It is mutually understood and agreed that this Agreement represents the entire agreement between the parties and supersedes all prior agreements or proposals, written or oral, and that no alternation, modification or addenda to the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. E. This Agreement shall not be assignable except by the written consent of the City. F. This Agreement shall be governed by the laws of the State of Minnesota. G. The term of this agreement shall be from date of signature by both parties through December 31, 2002. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their proper officers, thereunto duly authorized, as of the day and year first above written. CITY OF SHAKOPEE SHAKOPEE YOUTH HOCKEY ASSOCIATION Mayor City Administrator President City Clerk CITY OF SHAKOPEEISHAKOPEE YOUTH HOCKEY ASSOCIATION COOPERATIVE ADVERTISING PROGRAM FOR THE SHAKOPEE ICE ARENA The following information outlines the advertising program for the Shakopee Ice Arena. Advertising, Location and Fees Advertising locations are available on both the Arena walls and dasher boards. All advertisement locations are visible from the spectator side of the rink. Available advertising space is as follows: Advertising Area No. Available Advertising Panel Description Rate/ Panel /yr. Contract Term Wall Panels 16 8' X 4' panels $500 2 Years Dasher Board 22 8'X 33" $1,000 2 Years Dasher Board 6 6'X 33" $800 2 Years Dasher Board 9 5'X 33" 1 $750 1 2 Years Advertising Guidelines for Artwork, Fabrication and Installation 1. All advertising graphics and messages are subject to approval by the City. 2. Advertising can be for products or services. Advertising must be appropriate for school age youth. Advertising of alcohol, tobacco, or sex - related products or services will not be permitted. 3. To maintain consistency in design, City shall be provided with a copy of the proposed advertising, complete with artwork. Artwork must include a two -inch boarder around advertisement panel. Advertising is limited to name, address, phone number and logo of advertiser. 4. Advertisement locations may be selected based on availability. Locations may be reserved on a first come /first served basis. A deposit equal to Y2 of the annual contract cost will guarantee the advertisement location. 5. Shakopee Youth Hockey Association (SYHA) shall be responsible for working with advertisers on design and production of advertising panel and /or artwork. SYHA shall review all artwork and ensure that it meets the standards set forth by the City. SYHA shall obtain City approval of artwork prior to production. 6. The City will coordinate installation of advertising within agreed upon time frame. In the event that specialized skills, equipment, or tools are needed for installation, it is understood that SYHA will be responsible for these costs. 7. Wall panels will be composed of 8' wide by 4' high white banner material. Grommets shall be installed on each corner for installation. 8. Dasher board advertisements shall be Tyvek style with Lexan covers. All advertisements will have a white background. Revenue Scenarios Wall Panels • Total Number Available: 16 • Annual Rate: $500 /year • Estimated Production Cost: $100 Number Sold Total Revenue Total Costs First Year Second Year SYHA City (25% Net) SYHA City (25% Gross) 4 $2000 $400 $1200 $400 $1500 $500 8 $4000 $800 $2400 $800 $3000 $1000 16 $8,000 $1600 $4800 $1600 $6000 $2000 Dasher Boards (8') • Total Number Available: 22 • Annual Rate: $1,000 /year • Fctimnfind Prnriiirtinn Cnst- $3nn Number Sold Total Revenue Total Costs First Year Second Year SYHA City (25% Net) SYHA City (25% Gross) 5 $5000 $1500 $2625 $875 $3750 $1250 15 $15,000 1 $4500 $7875 $2625 $11,250 $3750 22 $22,000 $6600 $11,550 $3850 $16,500 $5500 Dasher Boards (6') • Total Number Available: 6 Annual Rate: $800 /year • Fctimnt,=H Prnrliirtinn Cnct $inn Number Sold Total Revenue Total Costs First Year Second Year SYHA City (25% Net) SYHA City (25% Gross) 3 $2400 $900 $1125 $375 $1800 $600 6 $4800 $1800 $2250 - $750 $3600 $1200 Dasher Boards (5') • Total Number Available: 9 • Annual Rate: $750 /year Cc +im�ior9 DrnAi ie-4inn r ncf• Qinn Number Sold Total Revenue Total Costs First Year Second Year SYHA City (25% Net) SYHA City (25% Gross) 3 $2250 $900 $1012.50 $337.50 $1687.50 $562.50 6 $4500 $1800 $2025 $675 $3375 $1125 9 $6750 $2700 $3037.50 $1012.50 $5062.50 $1687.50 2 -71 a. ti CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark Themig, Facilities and Recreation Director Date: 26 September, 2000 Subject: Shakopee Youth Hockey Association Advertising and Concession Agreements INTRODUCTION City Council is asked to review the proposed agreements between the City and Shakopee Youth Hockey Association for the operation of the Ice Arena concession stand and a dasher board /wall banner advertising program. BACKGROUND AND DISCUSSION Concession Agreement Shakopee Youth Hockey Association (SYHA) and the City entered into an agreement for the operation of the Ice Arena concession stand in 1995. Since that time, SYHA has coordinated its overall operation and contributed a percentage of the revenue to the City. Overall, the arrangement has been successful for both SYHA and the City. While providing a good service to arena spectators, the arrangement has minimized City costs associated with staffing, food inventory, and supervision of the operation. Two changes are being proposed for the 2000 agreement: ® The first is a change in the percentage paid to the City from 15% gross receipts, to 15% net receipts. This is consistent with the recently adopted agreement for the Joe Schleper Stadium concession operation. In conjunction with this change, SYHA will be responsible for all repair and replacement of equipment used in the preparation of food products, as well as any costs from spoilage associated with the failure of such equipment. ® The second is the inclusion of an arrangement where SYHA will receipt revenue for a skate sharpening program, which will be coordinated by our Ice Arena Maintenance Operator. A skate sharpening machine was part of the Community Center construction; however, skate sharpening has not been provided. Individuals who want their skates sharpened will pay for this service at the concession stand, and in turn, this money will be transferred to the City as part of the regular concession payment. This arrangement eliminates City staff's need to handle cash in the arena. This agreement would be a one -year agreement, terminating on September 30, 2001. Advertising Agreement Since the Community Center opened in 1995, the City has coordinated a limited advertising program for the arena, consisting of wall banner advertising. Although a similar advertising agreement was proposed in 1997, SYHA rejected the proposal. The present agreement was negotiated to provide a revenue source for SYHA that will help control per participant costs for ice rented at the arena, while ensuring the City meets budgeted revenue projections. In addition, it requires that SYHA conduct the majority of administrative work associated with this program. Responsibilities of the agreement are as follows: 1. Shakopee Youth Hockey Association • Locate advertisers for a two -year advertising agreement. All advertisers are subject to approval by the City. • Designate one representative to work with the City. • Pay the City an amount equal to 25% net the first year, and 25% gross the second year for each advertisement. In the event that the City's projected revenue will be less than $5,000 for any year, the City may choose to sell unsold advertisements and retain the full sales amount. • Work with advertisers and an agreed upon company to design and produce the advertisements. All ads are subject to approval by the City. • Provide an annual Advertising Sales financial report to the City. 2. City • Coordinate installation of advertisements. In the event that specialized skills, equipment, or tools are needed, SYHA will be responsible for these costs. 3. Shared Responsibilities • Develop promotional materials for the program. Costs for production will be the responsibility of SYHA. • Research, interview, and select a business or businesses to produce advertisements. This agreement would be a two -year agreement, terminating on December 31, 2002. BUDGET IMPACT Concession Agreement Total SYHA concession revenue for 1999 was $26,633.20, resulting in a $3,994.98 payment to the City. Their estimated costs for product were $16,055. By converting from 15% gross to 15% net, the 1999 City payment would have been reduced to $1,586.73. We estimate 2001 revenue to be $1,50042000. If the City were to operate the concession stand during the same hours has required in this agreement, the estimated staff costs would be approximately $8,000. Additional staff time would be required for supervision, inventory management, and cash control. Advertising Agreement Revenue for 1999 banner advertising sold by the City totaled $4,000. The program proposed in this agreement expands advertising by adding dasher boards and increasing the number of banner ads. If the City were to conduct the program, a revenue potential of $28,850 for the first year ad $41,550 during the second year is possible, assuming the sale of all 16 wall panels and 37 dasher boards. However, this is an aggressive goal and would require a substantial commitment of staff time. As an alternative, this agreement sets a goal for SYHA to pay the City $5,000 each year for advertising (the amount included in the Department's 2001 budget request). If SYHA projects the annual payment to the City to be less than $5,000, the City may choose to sell any unsold advertisements beginning on July 1. A breakdown of possible revenue scenarios is included in "Exhibit A" of the Advertising Agreement. SYHA has requested that if their annual payment exceeds $5,000, any amount above $5,000 be designate for a future arena project, such as the construction of a storage area for Association equipment. ALTERNATIVES 1. Approve the Concession and Advertising agreements as proposed. 2. Approve the Concession and Advertising agreements, including a condition that City revenue in excess of $5,000 for advertising sales be designated for a future arena project. 3. Modify the proposed agreements and approve. 4. Direct staff to conduct either program in- house, designating the appropriate resources to conduct these programs. 5. Do nothing. RECOMMENDATION Draft agreements were presented to the Park and Recreation Advisory Board at their August 28 meeting, and final changes at their September 25 meeting. The Park and Recreation Advisory Board moved to recommend both agreements as presented to Council. Due to timing, they did not have an opportunity to consider SYHA's request to dedicate advertising revenue above $5000 for future arena projects. Pending final review of these agreements by the City Attorney, staff recommends entering into an agreement with the Shakopee Youth Hockey Association for the provision of concession services and a banner /dasher board advertising program. REQUESTED ACTION Council is asked to consider these agreements, the projected City revenue, and the request to dedicate advertising revenue paid to the City in excess of $5,000 for future arena projects. Mark Themig < Facilities and Recreation Direc or SHAKOPEE YOUTH HOCKEY CONCESSION 2000-2001 This agreement made and entered into this day of 1 2000, by and between the City of Shakopee, a Minnesota municipal corporation, located at 129 Holmes Street, Shakopee, in the County of Scott, State of Minnesota (hereinafter referred to as "the City ") and Shakopee Youth Hockey Association, a nonprofit corporation in the County of Scott, State of Minnesota (hereinafter referred to as "SYHA "). WITNESSETH: Whereas, the City of Shakopee is desirous of providing efficient concession services to Shakopee Ice Arena patrons, and generate revenue; and Whereas, SYHA wishes to provide concession services at the Shakopee Ice Arena in order to raise funds for the ongoing support of youth hockey in the community; and Whereas, SYHA uses concession earnings to rent ice time at the Shakopee Ice Arena, which is beneficial to the City. Now, therefore, in consideration of the promises, terms and conditions stated herein, the parties agree as follows: I. DUTIES AND RIGHTS OF SYHA A. SYHA agrees to provide full and complete services for the sales of food concessions at the Shakopee Ice Arena, concession stand between the hours of 6:00 p.m. and 10:00 p.m. Monday through Friday and 8:00 a.m. and 10:00 p.m. Saturday and Sunday, excluding holidays. The City may request SYHA to provide these services at additional times and SYHA shall meet these requests, if given two weeks notice. B. SYHA agrees to pay the City an amount equal to Fifteen Percent (15 %) of the net receipts from concessions at the Shakopee Ice Arena, for the use of Arena concession stand facilities and equipment. Net profits shall be defined as gross sales less the cost of products, materials, and sales taxes to be paid. C. Payments shall be made monthly, on or before the fifteenth (15 day of the month for 2000 -2001. D. SYHA agrees to purchase and maintain all food goods, materials and supplies necessary for the Ice Arena concession stand. SYHA may sell souvenirs and other hard goods not sold by the Ice Arena, as approved be the City in writing. SYHA souvenirs and other hard good sales shall not be subject to the commission specified in I.B., above. E. SYHA agrees to provide, maintain and repair facilities and equipment as necessary for the sale of concessions. SYHA will be responsible for the cost of any spoiled frozen or refrigerated foods due to the failure of such equipment. If equipment is needed, either in replacement of or addition to the existing equipment, the equipment must meet appropriate NSF standards. F. SYHA agrees to provide all manager(s), supervisor(s), attendant(s), and other personnel for its Ice Arena concession operations, and train those personnel in food preparation and handling procedures as required by any and all government agencies. SYHA also agrees and understands that nothing contained herein creates or establishes the relationship of copartners between itself and the City and that it is an independent contractor and its officers, managers, supervisors, volunteers, attendants and other employees are not employees, agents or representatives of the City with respect to any services performed under this agreement. Such personnel or other personnel associated with SYHA shall not be entitled to any compensation, rights or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Worker's Compensation, Unemployment Compensation, disability or severance pay and PERA. G. SYHA agrees to maintain an internal control system which includes Cash Demand System and a Cash Report, on forms approved the City. Such reports shall be submitted along with each monthly remittance of the City's share of the gross receipts. In accordance with Minnesota Statutes 1613.06, Subdivision 4, SYHA further agrees to allow the City or the State Auditor or their agents to review, upon request, all records associated with the performance of the agreement, including invoices for concession goods and supplies, all canceled checks for payment of such invoices, all inventory records, and to be present at the taking of inventories, and to verify inventory shrinkage records. Gross receipts shall be agreed upon by the City Finance Director. SYHA will maintain a separate checking account for concessions operations. H. On or before April 1, of each year, SYHA shall provide the City with a copy of the year -end Ice Arena Concession financial report prepared by SYHA for its Board of Directors. I. SYHA shall conduct its activities upon the premises so as not to endanger any person lawfully thereon; and shall indemnify, save and hold harmless the City and all of its officers, agents and employees from any and all claims, losses, injured, damages and liabilities to persons or property occasioned wholly or in part by the acts or omissions of SYHA, its agents, officers, employees, volunteers, patrons, or any persons associated with or served by SYHA concessions operations. J. SYHA agrees to carry a certificate of insurance for comprehensive general liability in the minimum amount of $1,000,000 per occurrence, $1,000,000 general aggregate, $1,000,000 food product liability per occurrence, and fire /property damage in the amount of $100,000 per occurrence. The required insurance certificate must name City of Shakopee, its officials, agents, employees, and volunteers as additional insured's. A copy of the certificate must be submitted to the City Clerk, and all policies shall provide and the certificates issued evidence that the City will be notified at least 30 days prior to cancellation or modifications of coverage. Renewal certificates shall be provided to the City 2 30 days prior to the expiration date of coverage. All insurance must be provided at SYHA expense and at no costs to the City. K. SYHA or the City may terminate this agreement upon thirty (30) days written notice to the other party, except as outlined in II.B. In the event of such termination by either party, SYHA agrees to pay the City the full remittance owed as of the date of termination. L. SYHA agrees to comply with Minnesota Statutes 181.59 and other related state and federal laws prohibiting discrimination in performance of this agreement on the basis of race, color, creed, religion, national origin, sex, marital status, disability and status with regard to public assistance, age or familial status. SYHA agrees to hold harmless and indemnify the City from costs including but not limited to damages, attorney fees and staff time in any action or proceeding alleging illegal discrimination. M. SYHA agrees to comply with the Americans With Disabilities Act and not to discriminate on the basis of disability in the admission or access to, or treatment of employment in its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services, programs, and activities. The City has designated coordinators to facilitate compliance with the Americans Disabilities Act of 1990 (ADA), as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. SYHA agrees to hold harmless and indemnify the City from costs including but not limited to damages, attorney fees and staff time in any action or proceeding alleging a violation of the ADA. II. DUTIES AND RIGHTS OF THE CITY OF SHAKOPEE A. The City agrees to obtain and maintain all licenses and permits necessary to operate a concession stand as required by any and all governmental agencies. B. The City agrees to provide storage for SYHA inventories, subject to the limitations of available space at the Ice Arena. C. The City may immediately terminate this agreement in the event that SYHA fails to provide concession services or dasher board advertising in accordance with Shakopee Ice Arena schedule of events or otherwise fails to perform its duties under this agreement. 111. JOINT DUTIES AND RIGHTS A. SYHA and the City agree to work to develop a security plan for controlling access to the concession area. This plan will designate which SYHA personnel will be issued keys to the concession stand. Individuals on this list may not transfer their keys to other individuals without prior approval by the City. The plan will also designate which City staff have access to the concession area for conducting building maintenance, inspections, etc. B. SYHA agrees to receive and account for cash received for skate sharpening. The City will provide the skate sharpening services. All revenue received by SYHA for skate sharpening shall be transferred monthly to the City, in conjunction with payment required for use of the concession stand as identified in I.C. above. C. SYHA and the City agree to share equally the cost of any losses resulting from spoilage of frozen or refrigerated foods due to a power outage. SYHA shall thoroughly document such losses. D. SYHA and the City agree that the types, serving sizes, prices and packaging of concession items sold by SYHA shall be mutually agreed upon by the Shakopee Facilities and Recreation Director and SYHA. E. SYHA and the City agree that in the event a tournament sponsored by a local sports association is held in the Community Center during the terms of this agreement, that SYHA will pass on a share of its concession revenue generated during the tournament to the association. The amount of share shall be mutually agreed by SYHA and the City. F. It is mutually understood and agreed that this Agreement represents the entire agreement between the parties and supersedes all prior agreements or proposals, written or oral, and that no alternation, modification or addenda to the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. G. This Agreement shall not be assignable except by the written consent of the City. H. This Agreement shall be governed by the laws of the State of Minnesota. The term of this agreement shall be from date of signature by both parties through September 30, 2001. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their proper officers, thereunto duly authorized, as of the day and year first above written. CITY OF SHAKOPEE SHAKOPEE YOUTH HOCKEY ASSOCIATION Mayor City Administrator President City Clerk M SHAKOPEE YOUTH HOCKEY ASSOCI ADVERTISING AGREEMENT 2 This agreement made and entered into this day of , 2000, by and between the City of Shakopee, a Minnesota municipal corporation, located at 129 Holmes Street, Shakopee, in the County of Scott, State of Minnesota (hereinafter referred to as "the City ") and Shakopee Youth Hockey Association, a nonprofit corporation in the County of Scott, State of Minnesota (hereinafter referred to as "SYHA "). f 1kTX0l*�y:11;F Whereas, the City of Shakopee is desirous of generating revenue through the use of dasher board and banner advertising; and Whereas, SYHA wishes to sell dasher board and , banner advertising at the Shakopee Ice Arena in order to raise funds for the ongoing support of youth hockey in the community; and Whereas, SYHA uses dasher board and banner advertising to rent ice time at the Shakopee Ice Arena, which is a benefit to the City. Now, therefore, in consideration of the promises, terms and conditions stated herein, the parties agree as follows: I. DUTIES AND RIGHTS OF SYHA A. SYHA shall use its best efforts to locate advertisers for available advertising space in the Shakopee Ice Arena and to negotiate advertising contracts for the arena, provided that all the advertising contracts are subject to the following: (1) advertising rates shall be at the rates approved by the City; (2) the advertiser is satisfactory to City. All advertisements shall be based on the Shakopee Ice Arena Advertising Program (Exhibit A). B. SYHA shall designate one representative that will act as the association's liaison in coordinating activities with the City.,. C. SYHA agrees to pay the City an amount equal to Twenty Five Percent (25 %) net the first year, and Twenty Five (25 %) gross the second year from the sale of dasher board and banner advertising. SYHA shall project total revenue for the calendar year and report the total projected annual City payment on June 30. In the event that this annual payment is projected to be less than $5,000, the City may choose to sell unsold advertisements beginning July 1, retaining the full sales amount. It is understood that SYHA will invoice all advertisers, and advertisement payments will be made to SYHA at its mailing address. Payments due to the City will be made to the City on a quarterly basis (Jan 1, April 1, July 1, Oct 1). Cash flow reports and inventory lists will be forwarded to the City on a quarterly basis. D. SYHA shall be responsible for working with advertisers on design and production of advertising panel and /or artwork. SYHA shall review all artwork and ensure that it meets the standards set forth by the City. SYHA shall obtain City approval of artwork prior to production. The City reserves the right to reject any copy, pictorial, or graphic, that (1) is inappropriate for children or young adults (no sex, drugs, alcohol or tobacco are permitted); (2) is a violation of existing laws; or (3) in any way reflects negatively on the character, integrity or standing of any individual, group, firm or corporation. E. On or before April 1 of each year, SYHA shall provide the City with a copy of the year -end Advertising Sales financial report prepared by SYHA for its Board of Directors. F. SYHA or the City may terminate this agreement upon thirty (30) days written notice to the other party, except as outlined in II.A. In the event of such termination by either party, SYHA agrees to pay the City the full remittance owed as of the date of termination. G. SYHA agrees to comply with Minnesota Statutes 181.59 and other related state and federal laws prohibiting discrimination in performance of this agreement on the basis of race, color, creed, religion, national origin, sex, marital status, disability and status with regard to public assistance, age or familial status. SYHA agrees to hold harmless and indemnify the City from costs including but not limited to damages, attorney fees and staff time in any action or proceeding alleging illegal discrimination. H. SYHA agrees to comply with the Americans With Disabilities Act and not to discriminate on the basis of disability in the admission or access to, or treatment of employment in its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services, programs, and activities. The City has designated coordinators to facilitate compliance with the Americans Disabilities Act of 1990 (ADA), as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. SYHA agrees to hold harmless and indemnify the City from costs including but not limited to damages, attorney fees and staff time in any action or proceeding alleging a violation of the ADA. II. DUTIES AND RIGHTS OF THE CITY OF SHAKOPEE A. The City may immediately terminate this agreement in the event that SYHA fails to locate advertisers, or otherwise fails to perform its duties under this agreement. B. The City will coordinate installation of advertising within agreed upon time frame. In the event that specialized skills, equipment, or tools are needed for installation, it is understood that SYHA will be responsible for these costs. 2 III. JOINT DUTIES AND RIGHTS A. SYHA and the City agree to prepare, or have prepared, advertising and promotional materials to be used by SYHA in the solicitation of advertisers. Any costs for professional design or printing services shall be responsibility of SYHA. B. SYHA and the City agree to coordinate the administration of advertising contracts, including production, and securing signatures. C. SYHA and the City agree to mutually research, interview, and select a business (or businesses) to produce advertisements. It is understood that all costs associated with the design, production, and installation (when beyond the ability of City staff) of advertisements shall be the responsibility of SYHA. D. It is mutually understood and agreed that this Agreement represents the entire agreement between the parties and supersedes all prior agreements or proposals, written or oral, and that no alternation, modification or addenda to the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. E. This Agreement shall not be assignable except by the written consent of the City. F. This Agreement shall be governed by the laws of the State of Minnesota. G. The term of this agreement shall be from date of signature by both parties through December 31, 2002. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their proper officers, thereunto duly authorized, as of the day and year first above written. CITY OF SHAKOPEE SHAKOPEE YOUTH HOCKEY ASSOCIATION Mayor City Administrator President City Clerk 3 CITY OF SHAKOPEEISHAKOPEE YOUTH HOCKEY ASSOCIATION COOPERATIVE ADVERTISING PROGRAM FOR THE SHAKOPEE ICE ARENA The following information outlines the advertising program for the Shakopee Ice Arena. Advertising, Location and Fees Advertising locations are available on both the Arena walls and dasher boards. All advertisement locations are visible from the spectator side of the rink. Available advertising space is as follows: Advertising Area No. Available Advertising Panel Description Rate/ Panellyr. Contract Term Wall Panels 16 8' X 4' panels $500 2 Years Dasher Board 22 8'X 33" $1,000 2 Years Dasher Board 6 6'X 33" $800 2 Years Dasher Board 9 5'X 33" 1 $750 1 2 Years Advertising Guidelines for Artwork, Fabrication and Installation 1. All advertising graphics and messages are subject to approval by the City. 2. Advertising can be for products or services. Advertising must be appropriate for school age youth. Advertising of alcohol, tobacco, or sex - related products or services will not be permitted. 3. To maintain consistency in design, City shall be provided with a copy of the proposed advertising, complete with artwork. Artwork must include a two -inch boarder around advertisement panel. Advertising is limited to name, address, phone number and logo of advertiser. 4. Advertisement locations may be selected based on availability. Locations may be reserved on a first come /first served basis. A deposit equal to Y2 of the annual contract cost will guarantee the advertisement location. 5. Shakopee Youth Hockey Association (SYHA) shall be responsible for working with advertisers on design and production of advertising panel and /or artwork. SYHA shall review all artwork and ensure that it meets the standards set forth by the City. SYHA shall obtain City approval of artwork prior to production. 6. The City will coordinate installation of advertising within agreed upon time frame. In the event that specialized skills, equipment, or tools are needed for installation, it is understood that SYHA will be responsible for these costs. 7. Wall panels will be composed of 8' wide by 4' high white banner material. Grommets shall be installed on each corner for installation. - 8. Dasher board advertisements shall be Tyvek style with Lexan covers. All advertisements will have a white background. Revenue Scenarios Wall Panels • Total Number Available: 16 • Annual Rate: $500 /year • Estimated Production Cost: $100 Number Sold Total Revenue Total Costs First Year Second Year SYHA City (25% Net) SYHA City (25% Gross) 4 $2000 $400 $1200 $400 $1500 $500 8 $4000 $800 $2400 $800 $3000 $1000 16 $8,000 $1600 $4800 $1600 $6000 $2000 Dasher Boards (8') • Total Number Available: 22 • Annual Rate: $1,000 1year • Estimated Production Cost: $300 Number Sold Total Revenue Total Costs First Year Second Year SYHA City (25% Net) SYHA City (25% Gross) 5 $5000 $1500 $2625 $875 $3750 $1250 15 $15,000 $4500 $7875 $2625 $11,250 $3750 22 $22,000 $6600 $11,550 $3850 $16,500 $5500 Dasher Boards (6') • Total Number Available: 6 • Annual Rate: $800 /year • Estimated Production Cost: $300 Number Sold Total Revenue Total Costs First Year Second Year SYHA City (25% Net) SYHA City (25% Gross) 3 $2400 $900 $1125 $375 $1800 $600 6 1 $4800 1 $1800 $2250 - $750 $3600 $1200 Dasher Boards (5') • Total Number Available: 9 • Annual Rate: $750 /year Gctimmtmri Prnriiintinn C'nct ." Number ~ Sold v Total ` Revenue Total Costs First Year Second Year §YHA City (25% Net) SYHA City (25% Gross) 3 $2250 $900 $1012.50 $337.50 $1687.50 $562.50 6 $4500 $1800 $2025 $675 $3375 $1125 9 $6750 $2700 $3037.50 $1012.50 $5062.50 - $1687.50 COD fP ' o a. a, Hockey Association P r o po s ed Co es o and Advertising Agreement Summary Concession Agreement A. Agreement with SYHA to operate the Ice Arena concession stand has existed since 1995. B. Agreement has provided a good service to the public while minimizing City costs. C. Two changes are being proposed for 2001: 1. Change in percentage paid to the City from 15% gross to 15% net, consistent with the Joe Schleper Stadium concession agreement. • Revenue would decrease: 1999 revenue would have decreased from $3,995 to $1,587. • SYHA would be responsible for repair and /or replacement of concession equipment used in the food preparation, and spoilage associated with any failure of such equipment. (City is currently responsible for replacement and loss.) • Estimated 2001 City revenue is $1,500- $2,000. 2. SYHA will receipt revenue for a skate sharpening program and transfer 100% of revenue to the City. This eliminates the need for Arena staff to handle cash in conjunction with skate sharpening. D. One -year agreement, terminating on September 30, 2001. Advertising Agreement A. City staff has coordinated a limited advertising program since 1995, consisting primarily of wall banners. 1999 revenue of the advertising program totaled $4,000. B. Similar advertising agreement was proposed in 1997; however, SYHA rejected the proposal. C. Proposed agreement negotiated to provide a revenue source for SYHA that will help control per participant costs for ice rented at the arena, while ensuring the City meets budgeted revenue projections. D. Responsibilities of the agreement are as follows: 1. Shakopee Youth Hockey Association • Locate advertisers for a two -year advertising agreement. All advertisers are subject to approval by the City. • Designate one representative to work with the City. • Pay the City an amount equal to 25% net the first year, and 25% gross the second year for each advertisement. in the event that the City's projected • TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner Request for MUSA Expansion by Centex Homes DA October 3, 2000 DISCUSSION The City has received a request from Steve Ach of Centex Homes requesting that the City consider a request to extend the MUSA boundary. Please see Exhibit A for the request received from Centex Homes. Exhibit B illustrates the subject area. Centex Homes has entered into an agreement to purchase approximately 20 acres of currently undeveloped property from Gene Hauer. Approximately 1.5 acres of the 20 acre parcel is outside of the current MUSA boundary. Centex Homes is requesting that the City Council allow the City to proceed with an application for amendment to the Comprehensive Plan to expand the MUSA boundary to include the 1.6 acres. ALTERNATIVES 1. Direct staff to proceed with an application for amendment to the Comprehensive Plan. 2. Direct staff to not proceed with an application for amendment to the Comprehensive Plan. 3. Table a decision on the matter and request additional information from Centex Homes and/or staff. ACTION REQUES Offer a motion consistent with the Council's wishes d move its adoption. r � c He Klima Planner g:\cc\2000\ccIO03\centexmusa.doc CENTEX HOMES Minnesota D ivisi on -- 12400 Whitewater Drive Suite 120 Minnetonka, MN 55343 Phone: 952-936-7833 Fax: 952-936-7839 September 22, 2000 City of Shakopee Michael Leek Community Development Director 129 Holmes Street South Shakopee, MN 55379 -1351 Dear Michael Leek, Centex Homes has recently entered in to a purchase agreement with Mr. Gene Hauer for a 20- acre parcel that is located along the north side of 17 Avenue immediately east of Dublin Square. It has been brought to our attention the northeast corner of Mr. Hauer's property is outside the current MUSA Boundary. The area lying outside is approximately 1.6 acres. We would like to request a Comprehensive Plan Amendment to adjust the MUSA Boundary to include the additional 1.6 acres of Mr. Hauer's property. The amendment would then coincide with the east and north property line of the 20 -acre parcel. The amendment is necessary so the 1.6- acre parcel is not left as separate triangular piece that would be difficult to development in the future. The City is requesting a trunk storm sewer be constructed along the east property line towards the north. This would further encumber the 1.6 -acre parcel if it is not included in the MUSA and made part of Mr. Hauer's 20 acre parcel. Please let me know if there is any additional information you need to bring this forward for consideration. Sincerely, L� Steve Ach Land Development Manager Centex Homes Memorandum T: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner Request for MUSA Expansion by Centex Homes DATE: October 3, 2000 DISCUSSION The City has received a request from Steve Ach of Centex Homes requesting that the City consider a request to extend the MUSA boundary. Please see Exhibit A for the request received from Centex Homes. Exhibit B illustrates the subject area. Centex Homes has entered into an agreement to purchase approximately 20 acres of currently undeveloped property from Gene Hauer. Approximately 1.5 acres of the 20 acre parcel is outside of the current MUSA boundary. Centex Homes is requesting that the City Council allow the City to proceed with an application for amendment to the Comprehensive Plan to expand the MUSA boundary to include the 1.6 acres. AILT'ERNATTVES 1. Direct staff to proceed with an application for amendment to the Comprehensive Plan. 2. Direct staff to not proceed with an application for amendment to the Comprehensive Plan. 3. Table a decision on the matter and request additional information from Centex Homes and/or staff. ACTION REQUESTED Offer a motion consistent with the Council's wishes and move its adoption. r, .. Julie Klima Planner II g : \cc\2000 \cc1003 \centexmusa.doc Phone: 952-936-7833 Fax:952- 936 -7839 September 22, 2000 City of Shakopee Michael Leek Community Development Director 129 Holmes Street South Shakopee, MN 55379 -1351 Dear Michael Leek, Centex Homes has recently entered in to a purchase agreement with Mr. Gene Hauer for a 20- acre parcel that is located along the north side of 17 Avenue immediately east of Dublin Square. It has been brought to our attention the northeast corner of Mr. Hauer's property is outside the current MUSA Boundary. The area lying outside is approximately 1.6 acres. We would like to request a Comprehensive Plan Amendment to adjust the MUSA Boundary to include the additional 1.6 acres of Mr. Hauer's property. The amendment would then coincide with the east and north property line of the 20 -acre parcel. The amendment is necessary so the 1.6- acre parcel is not left as separate triangular piece that would be difficult to development in the future. The City is requesting a trunk storm sewer be constructed along the east property line towards the north. This would further encumber the 1.6 -acre parcel if it is not included in the MUSA and made part of Mr. Hauer's 20 acre parcel. Please let me know if there is any additional information you need to bring this forward for consideration. Sincerely, Steve Ach Land Development Manager Centex Homes 111.0 IN W E SHAKOPEE commnaunPIWESWMIW g CrrY F SHAKOPEE Memorandum Mayor and City Council Mark McNeill, City Administrator Julie Klima, Planner Pheasant Run 6 Addition October 3, 2000 /5 - - a DISCUSSION James R. Hill, Inc., on behalf of Pheasant Run of Shakopee LLP, is requesting that the City Council allow construction of utilities within Pheasant Run 6 Addition prior to Final Plat approval. Please see Exhibit A for location of Pheasant Run 6 Addition. The preliminary plat for Pheasant Run 6h Addition was approved by the City on September 5, 2000. Section 12.15, Subd. LA of the City Code requires as follows: "Grading may he done after the City Council has approved a preliminary plat. No other puhlic improvements shall he made or constructed prior to City Council approval of a final plat. " Staff has conferred with Tim Thomson, City Attorney regarding the request. Mr. Thomson has stated that the City Council does have the authority to grant an exemption to Section 12.15, Subd. 1.A. Mr. Thomson further noted that should the Council grant the exemption, staff should be directed to initiate a text amendment to amend Section 12.15, Subd. LA accordingly. The final plat application has been received by the City and is scheduled for review by the City Council on October 17, 2000. The developer has offered to provide financial security for the public improvements and agrees to hold the city harmless if allowed to proceed with utility construction prior to final plat approval. At the time of the preparation of this memorandum, staff had not yet received documentation from MnDOT regarding the storm drainage for the area. However, documentation from MnDOT approving the storm drainage plan is expected to be received on September 29, 2000. ALTERNATIVES 1. Allow an exemption to Section 12.15, Subd. LA to allow construction of utilities prior to final plat approval and require financial security be provided and the developer enter into a hold harmless agreement with the City. 2. Do not allow the exemption to Section 12.15, Subd. LA. 3. Direct staff to initiate a text amendment accordingly. 4. Table the request for further information. ACTION REOUESTED Offer a motion consistent with the Council's wishes, and move its adoption. g: \cc\ 2000 \cc1003 \utilitiesphrun6.doc Final Plat of Pheasant Run 6th Addition N W E S ®PEE r=S=Iw S JAMEs R. HILL, INC. PLANNERS ENGINEERS SURVEYORS 2500 WEST COUNTY ROAD 42, SUITE 120, BURNSVILLE, MINNESOTA 55337 (612) 890 -6044 FAx 890 -6244 Mr. Mark McNeill City Administrator City of Shakopee 129 Holmes Street South Shakopee, MN 55379 RE: Pheasant Run 6 Addition Dear Mark: On behalf of Pheasant Run of Shakopee L.L.P, James R. Hill, Inc. requests permission to begin utility construction prior to Final Plat approval. The Final Plat plans were submitted to the City on September 21' and we are being scheduled for the consent agenda on October 17`''. We began this project last spring and had several meetings regarding the conceptual plans. Preliminary Plat documents were submitted on June 9` At the request of the council, the plans were revised to include the additional park area and sidewalks. The plat was approved on September 5 " and we began grading the next day. Grading and utility construction was permitted in the five previous Pheasant Run additions (including the e and 5 Additions this year) prior to Final Plat approval. However, late last year the city adopted new subdivision regulations that only allow grading prior to Final Plat approval. We were not aware of this change to the city codes. The deadline for submission to be on the October 3 "' City Council meeting'was September 8th and we would have made that date had we been made aware of the change in the code. We will put in place the financial security for the public improvements and hold the city harmless for allowing us to proceed with utility construction prior to the approval of the Final Plat. At this time of year, a two week delay would jeopardize our ability to complete the project and restore the site before winter. Thank you for your consideration. Sincerely, JAMES R. C. Jim Sturm, ASLA Vice President — Planning JS:vp cc: Shawn Dahl, Pheasant Run of Shakopee Raymond G. Ames, Ames Construction CITY OF SHAKOPEE Memorandum Mayor and City Council Mark McNeill, City Administrator Julie Klima, Planner Pheasant Run a Addition October 3, 2000 /5 DISCUSSION James R. Hill, Inc., on behalf of Pheasant Run of Shakopee LLP, is requesting that the City Council allow construction of utilities within Pheasant Run 6 Addition prior to Final Plat approval. Please see Exhibit A for location of Pheasant Run 6 Addition. The preliminary plat for Pheasant Run 6 Addition was approved by the City on September 5, 2000. Section 12.15, Subd. LA of the City Code requires as follows: "Grading may be done after the City Council has approved a preliminary plat. No other public improvements shall be made or constructed prior to City Council approval of a final plat. " Staff has conferred with Tim Thomson, City Attorney regarding the request. Mr. Thomson has stated that the City Council does have the authority to grant an exemption to Section 12.15, Subd. LA. Mr. Thomson further noted that should the Council grant the exemption, staff should be directed to initiate a text amendment to amend Section 12.15, Subd. LA accordingly. The final plat application has been received by the City and is scheduled for review by the City Council on October 17, 2000. The developer has offered to provide financial security for the public improvements and agrees to hold the city harmless if allowed to proceed with utility construction prior to final plat approval. At the time of the preparation of this memorandum, staff had not yet received documentation from MnDOT regarding the storm drainage for the area. However, documentation from MnDOT approving the storm drainage plan is expected to be received on September 29, 2000. ALTERNATIVES 1. Allow an exemption to Section 12.15, Subd. LA to allow construction of utilities prior to final plat approval and require financial security be provided and the developer enter into a hold harmless agreement with the City. 2. Do not allow the exemption to Section 12.15, Subd. LA. 3. Direct staff to initiate a text amendment accordingly. 4. Table the request for further information. ACTION REQUESTED Offer a motion consistent with the Council's wishes, and move its adoption. g:\cc\2000\ccl003\utilitiesphnin6.doc oning Parcels 09/22/00 LN S � W+E ��� s Final Plat of Pheasant Run 6th Addition JAMESR. HILL, INC. PLANNERS ENGINEERS SURVEYORS 2500 WEST COUNTY ROAD 42, SUITE 120, BURNSVILLE, MINNESOTA 55337 (612) 890 -6044 FAX 890 -6244 Mr. Mark McNeill City Administrator City of Shakopee 129 Holmes Street South Shakopee, MN 55379 RE: Pheasant Run 6"' Addition Dear Mark: On behalf of Pheasant Run of Shakopee L.L.P, James R. Hill, Inc. requests permission to begin utility construction prior to Final Plat approval. The Final Plat plans were submitted to the Citv on September 21'` and we are being scheduled for the consent agenda on October 17"'. We began this project last spring and had several meetings regarding the conceptual plans. Preliminary Plat documents were submitted on June 9`". At the request of the council, the plans were revised to include the additional park area and sidewalks. The plat was approved on September 5 "' and we began grading the next day. Grading and utility construction was permitted in the five previous Pheasant Run additions (including the 4"' and 5 ffi Additions this year) prior to Final Plat approval. However, late last year the city adopted new subdivision regulations that only allow grading prior to Final Plat approval. We were not aware of this change to the city codes. The deadline for submission to be on the October 3 "' City Council meeting'was September 8th and we would have made that date had we been made aware of the change in the code. We will put in place the financial security for the public improvements and hold the city harmless for allowing us to proceed with utility construction prior to the approval of the Final Plat. At this time of year, a two week delay would jeopardize our ability to complete the project and restore the site before winter. Thank you for your consideration. Sincerely, JAMES R. IUL C. c px Jim Sturm, ASLA Vice President — Planning JS:vp cc: Shawn Dahl, Pheasant Run of Shakopee Raymond G. Ames, Ames Construction ls� a 3 , CITY OF SHAKOPEE Memorandum TO: FROM: SUBJECT: Mayor and City Council Mark McNeill, City Administrator City of Shakopee rr, Resolution of Support for Phase 2 Livable Communities Predevelopment Funds MEETING DATE: October 3, 2000 Introduction: The City of Shakopee was invited to submit a Phase 2 application for predevelopment funds for a project area that encompasses the Downtown, First Avenue corridor, and adjacent riverfront. The deadline for submission of the Phase 2 application was September 22" d , and the application was submitted to the Metropolitan Council. A requirement of the Phase 2 application is that the Council approve and submit a resolution in support of the application by October 16, 2000. Alternatives: 1. Approve the attached resolution authorizing application for the Livable Communities Demonstration Program. 2. Do not approve the attached resolution authorizing application for the Livable Communities Demonstration Program. Action Requested: Approve the attached resolution authorizing application for the Livable Communities Demonstration Program. R. Michael Leek Community Development Director g: \cc\2000\ 1003 \LivComRes. do c A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, AUTHORIZING APPLICATION FOR THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM WHEREAS, the City of Shakopee is a participant in the Livable Communities Act's Housing Incentives Program for 1999 as determined by the Metropolitan Council, and is therefore eligible to make application for funds under the Livable Communities Demonstration Account; and WHEREAS, the City has identified a proposed project within the City that meets the Demonstration Account's purpose(s) and criteria; and WHEREAS, the City has the institutional, managerial, and financial capability to ensure adequate project administration; and WHEREAS, the City certifies that it will comply with all applicable laws and regulations as stated in the contract agreements; and WHEREAS, the City Council of the City of Shakopee, Minnesota agrees to act as legal sponsor for the project contained in the Demonstration Account application submitted on September 22, 2000; and NOW, TERFORE BE IT RESOLVED BY THE SHAKOPEE CITY 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 (B1) Zone. E IT FURTHER RESOLVED, that the City Administrator, or other appropriate City Officials, are hereby authorized to apply to the Metropolitan Council for this funding on behalf of the City of Shakopee, and to execute such agreements as are necessary to implement the project on behalf of the applicant. Adopted in session of the City Council of the City of Shakopee, Minnesota held the day of , 2000. Mayor of the City of Shakopee City Clerk I, Judith S. Cox, City Clerk of the City of Shakopee, Minnesota, do hereby certify that the attached is a true and correct copy of Resolution No. , presented to and adopted by the City Council of the City of Shakopee at a duly authorized meeting thereof held on the 3 rd Day of October, 2000, as shown by the minutes of the meeting in my possession. Dated this day of 1 2000 Judith S. Cox, City Clerk :F 15, D : FROM SUBJEC Mayor and City Council Mark McNeill, City Administrator City of Shakopee Authorization to Contract for Improvements Related to Park and Ride Site at City /Seagate Site. ME ETING DATE: October 3, 2000 �� �, Since the preparation of the packet report, staff received additional information from LSA Design regarding 1) proposals for work on the park and ride site adjacent to Seagate, and 2) shelter structures. LSA Design received 3 proposals for work on the site. They are as follows; $47,500.00 (electrical work $16,559.00 (electrical work $24,600.00 (both electrical Both LSA and the City's transit consultant, George Bentley, have indicated that the package bid of United and Abel is very good, and staff recommends accepting the proposal of Untied and Abel for site and electrical work. 15 WWA RI 51 There is no budget impact from the proposed expenditures, in that they will be reimbursed from a $100,000.00 capital grant from the Metropolitan Council. Al ternatives: mm =. • • Authorize the appropriate City officials to proceed with LSA Design on the implementation of the work for the park and ride site, and to accept the bid of Abel Electrical Contractors an d United Contracting Corporation, and to purchase a Columbia basic shelter with custom roof heating, and lighting. � r r MW ORIGINALS SENT? YES_--- coN%tU,N-rs FROM : ELECTRIAL INST. & MAINT. CO. PHONE NO. : 763 479 3745 Sep. 11 2000 09:35AM P2 City of Shakopee 129 Holmes Street South Shakopee, MN 55379 r • � To Whorl. It Mfny COn - - _ Having reviewed tho drawings, description of work, and visited the site, I - - (Insert Bidder Compsny name on MIS uns) hereby propose and agree to furnish all labor, tools, rnatetiais/supplios and all else necessary to complete all Work as dosonbod is the Shakopee- Seagate Pak and Ride prt jctt documents. This work is to be ptrfonned in strict accwdance with the plans and specifl=tions forthe tbllowing total protect price. upon sceepi=ce of the bid, the bidder hereby agrees to promptly enter into a contract (AM A2U1) with the City ofsb:skopese for the specified work and will commence work under Ns contract on or about Scptraabcr 13, 2000 as stipulated hi the 1` To Proered and will substantially complex work under this conttiwt by September 25. 2000 according to the Notice of Substantial Compledon tad tally eolttplete the project by September 29, 2000. The Contractor also agrees to provide a performance and labor and materials payment bond in the amount of one hundred percent (100%) of the contract sutra at the time of the contract. The Contractor shall name the City of Shakopee on the Payment and perfttrmance Bonds• in guuan of sinocrity of purpose in entering this bid, the undersigned encloses abidbond a; certified check made payable to the City of Shakopee In tae amount of ten percent (10 %) of the total bid price. f_�.Ql`�C'�l'/1 l �V1_��Q4 , Few.• '�- Y ® \Ql1��h�Ce'lG� �.wn® ! l�J y/ !�� By M (za p) Td Wti2�:86 0082 II 'd ZgSOZG 62I9 : 'ICI XUA WIS : W0 d3 �� ' tz 0,9- FROM : ELECTRIAL INST. & MAINT. CO. PHONE NO. : 763 479 3745 it S -%La_ S�a�pns02050JQ12 LI /02231 5ltc ClearinglRetx►avals! Gcaaling LUMP Sum Aggregate Base CQU C.Y• (1) (I4) S 5 ectiott0 cast-In-Place Concrete S.F. (760) $ – Curb Ramps Ea. (2) Section 4253 $Iectrical Lightitlg system (Design/Build) Lump Sum (I) $ — ® 9 ghs,uppm4aassle Purk end lids Pralaat Ttoyoosil tlarwdsis laf Z 011=000 Cd wkrsz:80 0002 ZZ .d� 3GOESSSETO : 'ON Xdd Sep. 11 2000 09:35AM P3 WIS : W018d Electrical Contractors Inc. September 13, 2000 LSA Design 250 Third Ave North Suite 600 Mpls, MN 55401 Att: Graham Re: Shakopee/ Seagate Park & Ride Graham, Ace Electric will provide labor to famish and install the following: Proposal Price $47,500.00 Site: 2 12' poles with 1- 175watt Metal Halide Shoebox fixtures. (Allowance of $1,200.00 each.) As per fax cut sheet of fixture. (Color to match existing.) 2 Light pole bases. 1 Lot branch circuiting for light poles. 1 Outdoor Meter and Panel Pedestal. 1 Base for Pedestal. 1 Lot Proposal included for C.F. Haglin to provide concrete pads and curb cuts. 1 Lot underground direct burial cable from Shakopee Utility pole to Shelter location. Final connections and costs from Shakopee Utility by others. 1 Lot connection to Shelter building. Clarifications: Shakopee Utility costs not included. Shelter furnished and installed with lights and heater by others. Please call with any questions. Sincerely, Dave Sweeney Ace Electric 5465 Highway 169 North ® Plymouth, MN 55442 -1903 ® Phone (612) 694 -8800 ® FAX (612) 694 -8888 TOO In (' 1OWNO3 Daly a0v 9389 V69 ZT9 Xv3 V£ =5T QaR 00 /£T /60 Seni by: LJA Uesign, Inc 09.'19/2000 16:26_ 6 517721752 89113/2008 I6 :21 7633233131 sent By: L&A DOGUIM, Inc-; cwdvxbvw t I•w 99179 b1G JJJ 14JJj Jep-LU -UU iu:4Jj UNITED CONTRACTING ABEL ELECTRI CUMI s12 3M T ; •1 - 00 Mae, rage J/4 PAGE 02 rk4;= V. Page P Tkv 1l+t of WUL and Y ' *0 dolt, I �' 4 O ... r .. „. 9 L4 I.59 C) . Sent by: L5A Design, inc.; 014 J.7�j 1400; JeY-CU IU:'+L; oa /15 1L0t9E7 lb: 6517721752 UNITED CONTRACTING SOnes LSA DcOgn, Inc. 250 Tlird Avenue,. Ndrth Suite 600 M lis, MjrLnosota 55401• RE: ShakopecJS v P and Ride Project Dear Mr. Sones: We hereby submit a proposal for Abol Electrical Contractors and United Contracting Corporation collectively. The price is c mplete including sitework, concrete, and electrical. If you require furtha information or would like to proceed with the work contact Tom DeMers at 612 -323 -1016. Sincerely, UNITED CONTRACONG COW . Robert R J P resi dent rdye ciw PAGE 01 1050.ARKWRICHT STREET ST. PAUL, MIS! W01 (651) 772-1732 • FAX (651) 772 -1752 CIIL L' LJr+ uc��.y l'j lliV. j 09/19/2000 16:26 6517721752 _ _0911312080 kk:,T9 7633233131 sent .y: LGA UNITED CONTRACTING ABEL ELECTRICAL CONT •t7 329 T436; '160.1- 'Se Tc��L - L t oo 00 PAGE 03 PP,GE 03 Hg® 1 wroam Y� a+ Tc��L - L t oo 00 PAGE 03 PP,GE 03 Hg® 1 wroam C „ . Wit\ 1: 1 FQ C, 1111 ON ,I Ill I r. r^ 0 Y b ' N H v y a U .n W S w :� i U y O N ti 0D t a� V N W 0 R Vi .S y . 5 A C/] y 3 w O P. on Q U a� y v a 0 m W � p O ti. d4 O N -y 3 O O 0 � b N Id f 5 4ti O O 'O N U a J X11 v Z Lo SZ Q mm 1Cy.d,n � O �Q� g ✓1 4..J � . 00 1 V l R v1 y O R ® " i hi C „ . Wit\ 1: 1 FQ C, 1111 ON ,I Ill I r. r^ 0 Y b ' N H v y a U .n W S w :� i U y O N ti 0D t a� V N W 0 R Vi .S y . 5 A C/] y 3 w O P. on Q U a� y v a 0 m W � p O ti. d4 O N -y 3 O O 0 � b N Id f 5 4ti O O 'O N U a J X11 r � x 4Z v a 0 U O � �w 44 �S a II A o � O �b W v b �VJ 4y ��FWv O � 4� y , u k.J ��t tt s i . w IQ z tir � x � k 1 t5a +g a +"S N w a � te o a� 3 v x 4Z VV t II A o � O �b W v b �VJ 4y ��FWv O � 4� y , u k.J ��t tt s i . w IQ z tir � x � k 1 t5a +g a +"S N w a � te o a� 3 v Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: City of = SUBJEC Authorization to Contract for Improvements Related to Park and Ride Site at City /Seagate Site. I 1 1 "1 � ••- 1 11 There is no budget impact of the proposed expenditure, in that it will be reimbursed from a $100,000.00 capital grant from the Metropolitan Council. Additional information regarding the shelter structure may be available for the meeting on October 3 Alternatives: 1. Authorize the appropriate City officials to proceed with LSA Design on the implementation of the work for the park and ride site, and to accept the bid of Abel Electrical Contractors and United Contracting Corporation. 2. Do not authorize the appropriate City officials to proceed with LSA Design on the implementation of the work for the park and ride site, and to accept the bid of Abel Electrical Contractors and United Contracting Corporation. 3. Table the matter for additional information. Action Requested: Authorize the appropriate City officials to proceed with LSA Design on the implementation of the work for the park and ride site, and to accept the bid of Abel Electrical Contractors and United Contracting Corporation. Sent By: LSA Design, Inc.; 612 339 7433; I W i IVA D f S 1 6 H To: Michael Leek — Community Development City of Shakopee Fax: 445 -6718 From: Graham Sones , Project: 9907 — Shakope /Seagate Park and Ride Pages: 4 including cover page Subject: Proposal (complete project) Date: September 20, 2000 Sep -20 -00 10:42; Page 1 Comments: Complete project minus the shelter purchase and installation. But I have spoken to this contractor prior to this proposal and he indicated having performed that work in the past for other cities for their bus shelter needs. Hard copy to follow? Yes * No CC: File (9907.3\20000920_ml.fax.doc) PlMM fl6enRCIIITECTU QE* UPbfln .DfSl6nelflllDSC11 PEA PC11IItCTURE LSA DESIGN. INC. • 250 Third Ave. North, Suite 600 . Minneapolis. MN 55401 . 612.339.6729 • Fax: 612.339.7433 • maii0sadesigninc.com Sent By: LSA Design, Inc.; U71 I V ZOW5 lb: Yb 6517721752 September 19, 2000 612 339 7433; Sep -20 -00 10:42; UNITED CONTRACTING Grahm Sones LSA Design, Inc. 250 Third Avenue, Ndrth Suite cob Manftpo4 Minnesota 55401 RE: ShakopWseagat® Park and Ride Project Dear 1W Sones: We hereby submit a proposal for Abel Fkctiical Cosrtractors and United Contracting Corporation obllectively. the price is e6mPlete including sitework, concrete, and electricals. if you require further information or would like to proceed with the work contact Tom DeMen at 612-323- 1016. Sincerely, UNITED CONTRACM0 COW, Robert F. Jensen Presidem Paae 214 PAGE 01 1050 •ARKWRIGHT STREET ST. PAUL, MN M01 (651) 772 -1732 - FAX (651) 772 - 1751' Sent By: LSA Design, Inc -; 0919/2000 16:26 6 517721752 89/13/2608 i6a.® 76333337131 Sent 065 3AOe Inc.; 1 wwh mm 99s" 612 339 7433; Sep -20 -00 10:43; Page 3/4 UNITED CONTRACTING PAGE 02' ABEL ELECTRICN. CUNI r U. 612 M 740; 6".1 -00 15:89, Page 2 R I O "' TO Whom h Mw Cw4w"* TTwvb4 WA-W" 8K of wadL aw vmw i dos sbe, I ve Q o 0 TOVAL T_ . - %.r- 0. - iL ..J n_L S,"Y MD 612 339 7433; Sep -20 -00 10:43; UNITED CONTRACTING ABEL ELECTRICAL CONT Ot 7 SW 7 i 6sp-1 -00 430s; R • It %r0 llama Page 4/4 PAGE 03'! PAGE 03 r *so j 5", LZ, , 1, Memo to: Honorable Mayor and City Council Members City Administrator From: Marvin Athmann, Fire Chief ptv Date: 09/19/00 Re: Hiring of New Fire Fighters Introduction C 0 N ENT The Shakopee Fire Dept. is authorized to have 44 members with a budgeted increase to 47 members in 2000. There are currently 42 members in the department. The 1999 budget provided for staffing levels of 44 members for the Shakopee Fire Dept. The 2000 budget provides funding for adding 3 new fire fighting positions for a total of 47 fire fighters. Due to retirements and people leaving, 42 people currently staff the department. The Fire Department requests that the City Council authorize the hiring of 2 fire fighters to fill the 2 vacant positions and a additional 3 for the new 2000 budget positions, for a total of 5 new Fire Fighters. Options 1. Authorize the hiring of 5 Fire Fighters. 2. Authorize the hiring of 2 Fire Fighters to bring staffing levels to the 1999 standard. 3. Leave Fire Department staffing at 42 members. Recommendation Approve the start of the hiring process for 5 Fire Fighters. Action Requested Authorize City Staff to begin the hiring processes for 5 Fire Fighters. 1 S -' )® /. CITE' OF SHAKOPEE Memorandum TO: FROM: SUBJECT DATE: Mayor and City Council Mark McNeill, City Administrator Judith S. Cox, City Clerk Applications for Wine and Beer License Coffeehouse Ground Zero, Inc. September 27, 2000 rim ,0] 1 City Council is asked to consider the applications of Coffeehouse Ground Zero, Inc. for an On Sale Wine and an On Sale 3.2 Percent Malt Liquor license. The City has received applications from Janet, James and Marie Boucher, Coffeehouse Ground Zero, Inc., for a Wine and Beer license at 1114/1116 Vierling Drive East. They plan to open a coffee house and cafe serving soups, salads, sandwiches, ice cream, espresso coffees, wine and beer. They will be offering live music (grand piano, acoustic guitar and singer) on Thursday, Friday and Saturday nights from 8 p.m. to 12 p.m. The applications and evidence of insurance are in order. The applicants have applied for a Conditional Use Permit for a Class II Restaurant, which allows for the sale and consumption of alcohol in a B -1 Zone. The Board of Adjustment and Appeals did approve the CUP on September 21, 2000. The customary background investigation has been conducted by the Police Department and there are no problems that would preclude the approval of the licenses. The applicants have applied for the necessary building permit for tenant finish work. The wine and beer licenses will not be released until the Certificate of Occupancy is issued by the Building Department. Approve the applications and grant an On Sale Wine and an On Sale 3.2 Percent Malt Liquor license to Coffeehouse Ground Zero, Inc., 1114/1116 Vierling Drive East, conditioned upon the issuance of a Certificate of Occupancy by the Building Department. JSC /jms I:jeanette/liquor /coffeehouse Cl rk JuJudith S. Cox, City ® . CITE' OF SHAKOPEE 1V4PmnrnnAiim MO TO: Mayor and City Council Mark McNeill, City Administrator FRONT: Judith S. Cox, City Clerk L; " Appointment of Election Judges DATE: September 27, 2000 IN TRODUCTION AND BACKGROUND: Minnesota State Statutes require that election judges be appointed by the governing body prior to the election. The attached resolution appoints judges for the November 7, 2000 General Election. 1 I 1! 1 t 1• Offer Resolution No. 5417, A Resolution Appointing Judges of Election and Establishing Compensation, and move its adoption. JSC /jms [i:\ clerk\ jeanette \election\resappointjudge] L oWN11 ' BE IT RESOLVED BY THE i O' MINNESOTA, THAT: 1. The following persons are hereby appointed Judges of Election for the November 7, 2000, General Election for the eight polling precincts within the City of Shakopee designated in Resolution No. 5188, adopted July 6, 1999. FIRST PRECINCT: Dorothy Breimhorst Winnie Anderson (Chair) Regular Judges Vella Gould Irene Bursey Dell Reed Evelyn Weckman Marie Beckric Claude Kolb Wally Bastian Geraldine Heiland SECOND PRECINCT: Bob Nieters Marcy Schmidt (Chair) Regular Judges Mary Selsvold Betty Christensen April Nead Marilyn Lang THIRD PRECINCT: Jerry Klein Maetta Jurewicz (Chair) Regular Judges Marvel Siebenaler Barb Zupan Ken Jaus Don Hart Don McNeil Wayne Keifer Bob Mertz Darlene Sc hesso Annabelle Goehring Ann Eva Kubes Harlan Vee Marlene Kock FOURTH PRECINCT: Edna Wangerin (Chair) Joan Schultz Regular Judges Pat Clemens Murial Koskovich Colleen Dressen Don Zupan Betty Menden Rosalie Duede Barbara Dellwo Marge Bischoff Norma Knutson Joanne Furst Bernard Goehring FIFTH PRECINCT: Virzlla Geske (Chair) Carol Pumper Regular Judges Lou Hennen Betty Dols Louise Vyskocil Dora Harbeck Joan Hart John Collins Tony Dressen Alma Gertis Mary Speiker Helen Link Eugene Chapman SEVENTH PRECINCT: Carole Hedlund (Chair) Don Kocks Regular Judges Lillian Weinandt Alice Hart Colleen Zastrow Dolores Griffith Jodell Kirkland Kim Mueller Jane Rodning Reuben Patrikus EIGHTH PRECINCT: Nancy Vaughan JoAnn Coller (Chair) Regular Judges Verneil Ewert Lenore Johnson Darlene Meuwissen Phyllis Martinson Betty Teich Patty Trutnau Marvin Hertaus 2. The Election Judges shall be compensated for their work at the rate of $6.50 per hour and the Chairperson of the Election Judges shall be compensated at the rate of $7.50 per hour. 3. The proper officials be and hereby are authorized and directed to do and perform all acts necessary to carry out the terms, intents, and purposes of the Resolution. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 3rd day of October, 2000. Mayor of the City of Shakopee ATTEST: City Clerk City of Shakopee Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tracy Coenen, Management Assistant SUBJECT: 2 -Month Extension of Garbage Contract MEETING DATE: October 3, 2000 Introduction City Council is asked to extend the garbage contract with Waste Management until March 16, 2001. Background Shakopee's garbage contract with Waste Management expires on January 15, 2001. City staff was under the impression that the garbage contract expired on February 15, 2001, however, the billing cycle, not the contract, ends in February 2001. As you are aware, City staff has been working on developing and issuing a citywide RFP for garbage services for the next five years. To allow ample time, if a new hauler is awarded the garbage contract, an extension of time may be required for transitional efforts such as 1) education of residents 2) purchasing of equipment 3) establishing garbage routes 4) hiring of staff. Waste Management has agreed to extend the current contract, with the same prices and services, until March 16, 2001. Recommendation Staff's recommendation is to extend the current garbage contract with Waste Management until March 16, 2001. Action Requested If City Council concurs with staffs recommendation, direct staff to proceed with the extension of the garbage contract with Waste Management until March 16, 2001. ��,4a Tracy Coenen Management Assistant )5, I 1' TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Wampach Property Appraisal/Offer DATE: September 27, 2000 INNO / The City Council is asked to consider the results of an appraisal for property owned by the Jerome Wampach estate located on Fuller St. between 2nd and 3 rd Avenues. Council should give direction as to whether it wishes to submit an offer to purchase. i • 1 1 As part of the discussion of future City facilities, the Council gave direction that it is interested in acquiring the block bounded by Second and Third Streets, and Fuller and Atwood, for a possible future City Hall site. Staff was directed to get prices for property which is currently available. In the future, as other properties become available, acquisition could be made at that time. Currently, there are vacant lots on the east end of that block totaling 34,080 sq. ft., not including an east -west alley. The property is owned by the estate of Jerome Wampach, and is available for sale. Typically, in order to establish a fair and reasonable price, the practice of the City is to engage a real estate appraiser to determine a value for the property, and, if it is acceptable to the City Council, use that value as a basis for a offer. Lake State Realty Services, who has done previous work for the City, was contacted, and was hired to review the property and establish a value. They performed a limited scope summary fair market appraisal, and determined a value of $170,000. Note that the property is listed for sale at $339,000. Funding for land acquisition for future City facilities would come from the Building Fund. If the Council wishes to proceed with the acquisition of this property, it should direct staff to make an offer based on the appraised value. If the Council concurs, it should, by motion, direct staff to submit an offer to the estate of Jerome Wampach for the available Wampach lots totaling some 34,080 sq. ft., in the amount of $170,000. Mark McNeill City Administrator ISTIS Lake State Realty Services, Inc. 2140 Otter Lake Drive White Bear Lake, MN 55110 651- 653 -0788 Fax 651- 653 -1381 E -Mail lakestate@,aoldengite.net September 25, 2000 Mr. Mark McNeill, City Administrator 129 Holmes Street South Shakopee, MN 55379 RE: Limited Scope Summary Fair Market Appraisal of The Wampach lots Northwest corner of Fuller and 3' Avenue Shakopee, MN 55379 Dear Mr. Jans: Pursuant to your request, we have personally inspected and prepared a limited scope summary appraisal for the above referenced property. The appraisal estimates the current market value of the fee simple interest in the described real estate, subject to the certification, definitions, and the assumptions and limiting conditions as stated within this appraisal. After careful consideration of the all pertinent factors influencing market value, it is our opinion that the subject property has a market value in fee simple estate as of September 11, 2000 (the date of inspection), of: ONE - HUNDRED SEVENTY- THOUSAND DOLLARS ($170,000) The attached report describes the methods and reasoning used in the analyses, as well as the data gathered during the investigation of the property and marketplace. This appraisal report has been completed in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP) of the American Appraisal Institute, FIRREA Guidelines, and the OCC appraisal guidelines dated August 9, 1990. Please feel free to contact me if you have any questions regarding this report. Thank you for the opportunity to assist you in this valuation matter. Respectfi ill . Submitted',; Jefrey -S wa f Certifi Minn. #: 4002423; Wisc. 82; Mic ene Appraiser 2 -01- 363; Ohio #423328 i Looking southerly at subject from 2" Avenue L. vvnlug JVULIIVYGJLGIIJ'"L3U"JC:4 L1V111l,V I H I-I VI 1'lllll,l 1JLil,%,L""U f, Z,ve,iiul, W "IOR TANT FACTS ADDRESS: No address, the subject is vacant land. The subject is located at the northwest corner of Fuller and 3` Avenue, Shakopee, MN 55379 PROPERTY TYPE: Vacant commercially -zoned land OWNER: The estate of Jerome K. Wampach INTEREST APPRAISED: Fee Simple APPRAISAL PURPOSE: Estimate Fair Market Value APPRAISAL USE: Potential negotiation purposes SITE SIZE: 34,080 s.f., not including an alley which bisects the subject from east to west ZONING: B -3, Central Business Zone, as governed through the City of Shakopee PROPERTY I.D. #: 270012560 ASSESSOR'S MARKET VALUE: YEAR 2000 LAND $88,700 BUILDING $0 TOTAL $88,700 2000 PROPERTY TAX AMOUNT: $2,746. There are no special assessments. APPRAISER'S ESTIMATE OF MARKET VALUE: $170,000 DATE OF VALUATION: September 11, 2000, the date of inspection APPRAISER: Julie Jeffrey - Schwartz, MN #4002423 -- Certified General Appraiser 12 m Location: The subject is located in the City of Shakopee, within Scott county. Specifically, the subject is located within the confines of the central business district of downtown Shakopee. The subject is located at the northwest corner of Fuller and 3` Avenue. It is bounded by Fuller on the east; 2nd Avenue at the north, and 3 Avenue at the south. As the subject is vacant land, no address applies. Size: According to the county plat map, the subject lots are each 60' x 142', or the entire site area measures 120'x 284'. The total area, excluding an alley which bisects the subject lots in an east -west direction, is 34,080 s.f. Shape: According to the county plat map, the site is rectangular in shape. Access: The subject site is not developed. Perpendicular parking exists along the east property line. More than likely vehicular access into the site would therefore be accomplished only from 2n or 3rd Avenues. Pedestrian access to the subject is available from Fuller Street, and 2n and 3r Avenues. Street -- Surface/L.anes/Lights /Frontage: The subject has 120 linear feet of frontage on 2" Avenue. This roadway is bituminous - surfaced, has concrete curb and gutter, a concrete public sidewalk, and a railroad track at the center. The subject has 284 linear feet of frontage on fuller Street (not including alley). Fuller Street is also bituminous- surfaced, has a concrete curb and gutter, concrete public sidewalks, and has perpendicular public parking on both sides of the road. The subject has 120 linear feet of frontage on 3r Avenue. This roadway is also bituminous - surfaced, has a concrete curb and gutter, and concrete public sidewalk. Views/Visibility: The subject has unobstructed views and visibility from both directions of travel on Fuller Street and 2" and 3r Avenues. Topography: The topography of the subject site slopes slightly downward to the north. Soils: The soils in the general area appear to be of buildable quality, as is evidenced through the other development in the area. Drainac e: The drainage appears adequate, with runoff presumably to the storm water system n the street. Ve�yetation/Landscaping: The subject has no landscaping. The subject is grass- covered. ' Utilities: The subject is serviced with gas, electric, telephone, city water and sewer. Prior Uses of Land: At one time the subject was improved with a restaurant, which due to fire, no longer exists. 29 Adjacent Land Uses: All adjacent land uses are complimentary to the subject's use. North of the subject is the railroad tracks, followed by businesses which front on V Avenue, including a small office building, and a small grocery store (grocery store fronts on 2n Avenue). To the east of the subject is a church. To the north of the subject is residential uses followed by the Scott County government Center. To the west of the subject is store with a residence up -top. Existence of Hazardous Materials In /On Land: The assumptions of this appraisal indicate that the site is believed to be contaminant -free. In the event that the subject is not found to be contaminant -free, the appraised value finding in this report is subject to change. If the procurer of this report is concerned, than we recommend a Phase I EPA audit. Site Improvements: The subject is vacant land, and as such, has no site improvements. There is an older partial chimney structure remaining from the prior restaurant use. This does not contribute toward market value. Flood Data: The subject is not located in a flood zone. Census Tract: 803. Easements: We have not seen any title work. The legal description does indicate "subject to easements." We are assuming that if there are any easements, they do not interfere with the potential development of the subject. In the event that negative easements are present, which do impact the use of the subject, as improved, this appraised value is subject to change. 30 CITE' OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Application for Tobacco License Farid Jiryis DATE: September 29, 2000 INTRODUCTION: City Council is asked to consider an application for a tobacco license at Jiryis Tobacco, 1148 Vierling Drive East. C • A11 Application has been made by Farid Jiryis to sell tobacco at retail at Jiryis Tobacco, 1148 Vierling Drive, at the Crossroads Center. Mr. Jiryis is purchasing the Tobacco Shop from Ms. Fatmah Al- Btoush. The Police Department has conducted the customary background check and has learned of nothing that would prevent the issuance of a tobacco license. RECOMMENDED ACTION: Move to approve the application and grant a tobacco license to Farid Jiryis, dba Jiryis Tobacco, 1148 Vierling Drive East, effective October 4, 2000 through December 31, 2000, upon the surrender of the license of Fatmah Al- Btoush. is \clerk \jeanette \licenses \jiryis , 0 A W 'N'', ' TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Changing the November 7, 2000 Meeting Date DATE: September 29, 2000 lielu The Council is asked to consider a date in which to have the first regular City Council meeting in November. The first regular meeting of November would normally be Tuesday, November 7th. However, that is also the day of the City election, and, by State Law, Council would be prohibited from meeting prior to 8:00 PM on that day. The normal alternative as defined by the City Code to meeting then would be the next day, November 8' However, Councilmember Morke is unavailable that day. A second alternative would be 7 PM, Monday, November 6, but that will conflict with a 5 PM SPUC Commission meeting on that day. Council should establish a time and date for its first meet fl ing in November. Mark McNeill City Administrator L 15-F 9- TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Final Budget Workshop DATE: September 28, 2000 The Council is asked to establish a time to meet to consider final decisions on the FY 2001 Operating Budget. I� �� 1 �!' �.Z � 111► I 1 While the maximum tax levy was certified to the County as a result of action taken at the September 5 City Council meeting, there remain some other issues which need to be addressed: 1. Equipment list finalization. 2. CIP (particularly building fund, in view of several City facilities to be constructed) 3. Any other budget adjustments. It is estimated that perhaps one hour would be needed to deal with these issues. It is a discussion which could take place at a regular City Council meeting, but given the needed time, a workshop would probably be better. I recommend that a workshop be established before Truth in Taxation notices are mailed out, which at this time is expected to be November 17 Note that Councilor Morke is unavailable from November 8 -12; Councilor Sweeney can't meet from October 19 -26. I recommend that a final budget workshop be established with a time and date to be determined by the City Council. If the Council concurs, it should, by motion, establish a budget workshop date and time to discuss FY 2001 budget issues. 1%��A W Mark McNeill City Administrator MMAh CC: Gregg Voxland xg 3 TO: Mayor and City Council FROM: Paul Snook, Economic Development Coordinator SUBJECT: Small Cities Development Program Appeal of Grant Amount by Ms. Merle Nelson MEETING DATE: October 3, 2000 Introduction: Ms. Merle Nelson, an applicant to the Shakopee Small Cities Development Program, is appealing to the City Council to change (increase) the grant amount approved by the Carver County HRA for her rehab project. The Council is asked to consider both the appeal and information provided by the HRA regarding the grant amount decision, and rule whether the appeal be denied (in which the grant amount stands) or approved (increasing the grant amount). Amanda Lundberg from the HRA will be at the Council meeting to provide information and answer questions. =i� According to the SCDP Policies and Procedures (Exhibit A), if a household's application for any reason is denied or a household is dissatisfied with the level of assistance they have received, the applicant can file a written appeal with the HRA regarding the dissatisfaction. If the appeal is denied by the HRA, the applicant can appeal to the City Council. On Aug 3, 2000, Ms. Nelson applied for the owner- occupied home portion of the Shakopee Small Cities Development Program. The HRA performed application review, which includes an analysis of debt to income ratio. Ms. Nelson's debt - income ratio is considered low for this program. The SCDP rules set by Minnesota Department of Trade & Economic Development and the U.S. Department of Housing and Urban Development state that a debt - income ratio at this level qualifies an applicant for an 80% grant, that is, for the rehabilitation work to be done, 80% would be financed through SCDP funds, and the remaining 20% would be the responsibility of the property owner, whether it be through equity, bank financing, etc. On August 22 the Carver County HRA approved the application at the 80/20 level (Exhibit B). On August 28 Ms. Nelson appealed to the Carver HRA to increase the grant amount to 100% (Exhibit Q. The reason for her appeal was that she plans on having many other expenses not related to the home improvement project. On September 5 the HRA notified Ms. Nelson that her appeal had been denied (Exhibit D). Ms. Nelson then notified the HRA that she would like to appeal to the City Council. Discussion: The HRA denied Ms. Nelson's appeal based upon the following findings: • The approved 80% funding level is appropriate for the project based on the SCDP funding guidelines, and the information provided in the application. • According to the funding guidelines, the applicant's (relatively low) debt - income ratio qualifies the applicant for an 80% grant. • The reason for the appeal, having "other planned expenses ", is not sufficient to justify an increase in the SCDP funding amount. 1. Deny Ms. Nelson's appeal based on the Carver County HRA's findings. 2. Grant Ms. Nelson's appeal and provide the reason for the approval. 3. Table the matter and request additional information from staff and Carver HRA. Recommendation: Option 1. Action Required: Based on Carver County HRA's findings, offer and pass a motion denying Merle Nelson's appeal to increase the Shakopee Small Cities Development Program funding for her rehab project from 80% to 100 %. meeting. c. If still unsatisfied, the complaint will be forwarded to the MN Dept. of Trade and Economic Development along with the following information: 1. A copy of the written complaint and request for satisfaction under the appeals process. 2. A copy of all correspondence between Carver County HRA and the appealing client concerning the appeal dispositions. 3_ The final appeal disposition. I. If a household's application for any reason is denied or a household is dissatisfied with the level of assistance they have received, the following procedure is to allow for a standardized appeal/complaint process to all applicants. Upon complaint an applicant will be informed of the following procedure: a. That a written procedure for appeal is available. b. In the case of denial of assistance or service, a written notice shall be sent to the applicant clearly stating under what condition that application was denied and also a copy of this appeal process; c. Initial client appeals about any aspect of Carver County HRA's service delivery expressed verbally or in writing shall be forwarded to the appropriate department and shall be responded to by the Department Head within two weeks. If the applicant is dissatisfied with the response then the client shall be informed of the following procedure; d. The applicant who wishes to appeal the initial response, must submit a request for appeal in writing within thirty days of the initial response. This request must state the reason(s) for the appeal and should include any information that the applicant feels is pertinent to the appeal; e. All appeals should be addressed to: Carver County HRA Executive Director 500 PINE STREET N. SUITE 204 CHASKA, MN 55318 f. The Assistant Director shall be designated by the Carver County HRA Executive Director to review all written appeals with the Executive Director. g. If the Executive Director and the Assistant Director do not concur on the findings, the Executive Director shall respond to the applicant, in writing, including the results of the review, an explanation of the findings and the next step the applicant can take if he /she is still not satisfied with the response; h_ Or if the Executive Director and the Assistant Director do not concur on the findings, the appeal will be presented to the City of Shakopee City Administrator whose written decision shall be final and presented to the applicant within fifteen (15) working days. i. If the applicant wishes to appeal the decision of the Executive Director and the Economic Development Coordinator, the applicant may appeal to the City Council within fifteen (15) working days. At that time the applicant will be notified that they have the right to appear before the City Council. The City of Shakopee City Council is will respond with a written decision, which shall be final, within fifteen (15) working days. j. Any further appeal actions will be forwarded to the MN Dept. of Trade and Economic Development along with the following information: 1. A copy of the written complaint and request for satisfaction under the appeals process. 2_ A copy of all correspondence between Carver County HRA and the appealing client concerning the appeal disposition 3. The final appeal disposition. ♦� I • a I . L 1 1. Within ten (10) years from the date of loap. closing, when a property ceases to be the applicant's principal place of residence or when the property is sold or transferred, the loan principal is due in full. The loan funds will be repaid to the City, in full, from the proceeds from the sale when an improved property is sold_ 2. The City will use the repaid funds to help address the future housing needs within the City in the exact manner as outlined in the proceeding procedures. ' 1 • f Income from the repayment of loans will be held by the City and tracked separately from other City funds. Repayments will be used by the City to assist LMI households in the repair of their homes. EVIDENCE OF FRAUD: The Administrator shall refer to any participating households, where evidence of fraud or misrepresentation is present, to the Minnesota Attorney General for appropriate investigation and legal action. 19 Sep -28 - 00 03 =08P CARVER COUNTY HRA 612 448 -6506 P- 500 North fine Strcct, Suite 204 Chaska NP4 55318 August 22, 2000 Merle Nelson 411 Second Avenue East Shakopee MN 55379 Dear Ms. Nelson: You submitted an application to the Carver County HRA for the City of Shakopee's rehabilitation program. We have received your income and asset verifications back and are pleased to inform you that you qualify for the program. Based on your debt -to- income ratio, you qualify for an 80% grant. The grant portion is a 0% interest, 10 year deferred loan. The maximum construction amount is $19,000. The maximum grant amount is $15,200 (you would need to provide $3B$ if you use the full $19,000). if the home remains to be your principle place of residency for the next 10 years, the loan will be forgiven. If the home ceases to be your residency at any time for any reason within the next 10 years, the loan will have to be paid back for the full amount, no exceptions. Sincerely, 'Telephone: (952) 448 -771.5 Fax: (952) 448 -6506 Amanda Lundberg Community Development Specialist Carver County HRA Sep -28 -00 03:08P CARVER COUNTY HRA 612 448 -6506 P_03 EXHIBIT C., �; o2D �m Dw. Sep -28 - 00 03:08P CARVER COUNTY HRA � <. I Sep -28 - 00 03:08P CARVER COUNTY HRA C arver Cou 500 North Pine SLrect, Suite 204 Chaska MN 55318 To: Merle Nelson From: Amanda Lundberg Date: September 5, 2000 Telephone: (952) 448 -771: Fax: (952) 448 -6506 Your appeal to waive your 20°x6 leverage requirement for the Small Cities Shakopee Housing Rehabilitation program has been denied by the HRA board. However, your appeal request will go before the Shakopee City Council for their approval at the next city council meeting (which I believe is September 19" ). Therefore, your application will be put on hold until after the city council meeting. If you have any questions or concerns, please feel free to contact me at (952) 448 -7715. otherwise, I will contact you after the city council meeting. Thank you. 612 448 -6506 P -02 S City of Shakopee Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tracy Coenen, Management Assistant SUBJECT: Request for Proposal — Garbage Services MEETING DATE: October 3, 2000 Introduction City Council is asked to approve the garbage RFP for a 5 -year contract for residential refuse, recycling and yard waste services. Background Shakopee's garbage contract with Waste Management expires on January 15, 2001. City staff was directed to pursue a preliminary RFP on September 2, 2000. The preliminary RFP was made available to all interested haulers in the Twin Cities area. Staff took suggestions and answered questions of 5 different garbage companies on September 26, 2000 at the mandatory pre - proposal meeting. From the meeting the final RFP has been produced for Council's review. P Highlights In an attempt to address some problematic issues in the area of garbage service, staff has included several items that did not appear in the previous contract with Waste Management. 1) An option for the haulers to process (burn) the refuse or landfill the refuse. Currently, Shakopee's refuse is hauled to a landfill in Iowa. Iowa and other out of state landfills do not have the same environmental standards as Minnesota, but charge a cheaper rate, normally about $20 -$30 /ton for disposal. Although the City has an indemnification clause in the RFP, the City may still be subject to a lawsuit for ground water contamination, clean up of the landfill and the like. To possibly avoid such a lawsuit and dispose of Shakopee's waste in a more environmentally friendly manner, the refuse could be processed (burned). Scott County is the only county in the metro that does not currently subsidize processing rates, which results in potentially higher rates for Shakopee residents. Currently, most processing facilities charge approximately $40.ton to process the waste. 2) An option for the City to bill the customers or for the hauler to bill the customers. This is an issue of 1) price 2) customer service 3) collection of delinquent bills 4) additional administrative resources. 3) Addition of all town homes (approximately 1400 current units) that receive individual curbside pickup at a different rate than single - family homes. The garbage survey reported that Shakopee resident's want to maintain a closed system and want fewer trucks on their streets. To address this issue, staff has included all town homes, which receive individual curbside pickup in the proposal. The town homes will be billed at a different rate than the single - family homes due to 1) density 2) less generated refuse, yard waste and recyclables. All town homes currently being serviced by other contractors will be required to come under the City contract no later than July 1, 2001. 4) Penalties for each violation of the Contract. Currently, the City does not have any immediate recourse to resolve issues such as missed collection and spillage in streets. Small, but noticeable, penalties will be issued to the garbage hauler to prevent future occurrences. A $5,000 cash balance deposit will be required of the hauler to prevent excessive administrative headaches for City staff. The criteria for penalties will be mutually agreed upon by City staff and the hauler. 5) Rebates to the City for recycling. Currently Waste Management charges each resident $2.84 /month for collection of recyclables and also receives revenue from the sale of the recyclables. Shakopee, like the cities of Minnetonka, Plymouth and Golden Valley, would establish a profit level from the rate /ton price that the City would receive from profitable recyclables like tin and paper. The City will not pay any money if the commodities market drops below the established rate /ton. Minnetonka, Plymouth and Golden Valley currently pay $2.09 /month for recycling services, so rebating recycling revenues back to the cities did not cause an increase in price for those communities. Rebating for recycling has two immediate effects 1) it increases the amount residents recycles 2) produces additional revenues for the City. Such additional revenues can be used for 1) educational programs 2) rebates to residents 3) additional refuse programs like clean-up days 4) off set administrative salaries for time spent on refuse issues. Action Requested Council is asked to approve refuse yard waste and recycling RFP to allow for distribution to waste haulers. Tracy Coenen Management Assistant 2 1 1 ' • 1 . 1 The City of Shakopee, Minnesota is soliciting sealed proposals for the: PROCESSING AND DISPOSAL „ rA REFUSE, RECYCLEABLES D YARD WASTE- ISSUE & RECEIVING OFFICE: City Administrator 129 South Holmes Street Shakopee, MN 55379 P Time Schedule Preliminary RFP Issued: September 5, 2000 @ 7:00 p.m. Mandatory Pre - Proposal Meeting: September 26, 2000 @ 9:30 am. Final RFP Available: October 4, 2000 @ 1:00 p.m. Return RFP• October 18, 2000 @ 1:00 p.m. Recommendation to City Council & Tentative Council Award: 11/08/00 @7:00p.m.* *Time Schedule is subject to change. City of Shakopee — Request for Proposal (RFP) Residential Refuse, Bulk waste, Recycling and Compost Collection and Disposal Service Summary 2 Instructions to Proposers 3 Proposal Form 7 Equal Employment Opportunity 16 Conditions and Specifications 24 i DIMAC I 1 • 1 Service Summary The City of Shakopee is seeking proposals from qualified companies to provide the following services: • 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 household unit cost. Recyclable collection, processing and marketing on a weekly basis for all residential customers residing in the service area 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. Yard waste collection and marketing/disposal on a weekly basis for all residential customers residing in the service area 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 household unit cost. 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, 1,400 town homes and 33 mobile homes. Of these units, an estimated 4,461 single family residents and 1,400 town homes are currently eligible for weekly residential refuse, residential bulk waste, recyclable and yard waste collection service. Currently, 281 single- family residents use a 30 -gallon container, 3,650 use a 60- 2 City of Shakopee — Request for Proposal (RFP) Residential Refuse, Bulk Waste, Recycling and Compost Collection and Disposal gallon container and 530 use a 90 -gallon container. All town homes will be issued a 60 -gallon container. 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 11263 1 '' / I''I'/ ' 1. EXAMINATION 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 -The proposal shall be legibly prepared in electronic format and a typed hard copy. 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-PROPOSALS MEETING-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 MANDATORY 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 -Any 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 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. WITHDRAWAL OF PROPOSALS - Proposals may be withdrawn in person or by an 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-Proposers are cautioned that any alternate proposal, 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 a proposal that has 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.) PROPOSAL -A proposal bond - in the amount of $20,000 - shall accompany a vendor's proposal. 9. UNIT CES -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 - certificate(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 Property Damage $ 1,00,000 /each occurrence (C) Commercial Vehicle Liability Insurance - Including owned, non -owned and hired motor vehicles. rd City of Shakopee — Request for Proposal (RFP) Residential Refuse, Bulk Waste, Recycling and Compost Collection and Disposal Bodily Injury $1,000,000 /each occurrence Property Damage $ 1,000,000 /each occurrence The insurance and certificates shall otherwise conform to the General Specifications for insurance under the contract. (D) Release or Threaten Release of a Hazardous Substances — 2 million/occurrence 12. QUALIFICATIONS 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 March 19, 2001 and expiring on March 17, 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 and highest service quality 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. • Customer service standards. • Demonstrated capability - including financial condition - to perform the type of work requested. • Understanding of project requirements. It is the City's intention to award all of the services covered under this contract to one company, unless otherwise stated by the City within the contract terms. 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 City and Proposer receiving the award shall enter into a contract. A draft of the contract is included with this RFP. The terms and conditions of the contract will be finalized at the time of the award. 0 City of Shakopee — Request for Proposal (RFP) Residential Refuse, Bulk Waste, Recycling and Compost Collection and Disposal Please Complete Sections I, U, III and IV. Please indicate the monthly unit price for each year of the five -year contract: 1) A single - family household unit price for weekly pickup for each option as indicated in the RFP Options on the first page of the proposal. 2) A unit price for a town home receiving individual curbside for weekly pickup for each option as indicated in the RFP Options on the first page of the proposal. Residential Refuse Collection* - Year 1 Single Family - 30 Gallon Single Family - 30 Gallon Single Family - 30 Gallon Town Home - 60 Gallon Refuse Processed Refuse Landfill City Bill Hauler Bill *All prices must be monthly per unit charges. Residential Refuse Collection* - Year 2 Single Family - 30 Gallon Single Family - 30 Gallon Single Family - 30 Gallon Town Home - 60 Gallon Refuse Processed Refuse Landfill City Bill Hauler Bill *All prices must be monthly per unit charges. Residential Refuse Collection* - Year 3 Single Family - 30 Gallon Single Family - 30 Gallon Single Family - 30 Gallon Town Home - 60 Gallon Refuse Processed Refuse Landfill City Bill Hauler Bill *All prices must be monthly per unit charges. 7 City of Shakopee — Request for Proposal (RFP) Residential Refuse, Bulk Waste, Recycling and Compost Collection and Disposal Residential Refuse Collection* - Year 4 Single Family - 30 Gallon Single Family - 30 Gallon Single Family - 30 Gallon Town Home - 60 Gallon Refuse Processed Refuse Landfill City Bill Hauler Bill *All prices must be monthly per unit charges. Residential Refuse Collection* - Year 5 Single Family - 30 Gallon Single Family - 30 Gallon Single Family - 30 Gallon Town Home - 60 Gallon Refuse Processed Refuse Landfill City Bill Hauler Bill *All prices must be monthly per unit charges. 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. -A. RECYCLING SERVICES -Co- Mingled Products (Alum, Glass, Plastic, Metal) Please indicate the monthly unit price for each year of the five -year contract: 1) A single - family household unit price for weekly pickup for each option as indicated in the RFP Options on the first page of t he proposal. 2) A unit price for a town home receiving individual curbside for weekly pickup for each option as indicated in the RFP Options on the first page of the proposal. Residential Recycling Collection* Year 1 Bill I Hauler Bill Single Family Town Home *All prices must be monthly per unit Residential Recycling Collection* Year 2 City Bill Hauler Bill Single Family Town Home *All prices must be monthly per unit charges. 8 City of Shakopee — Request for Proposal (RFP) Residential Refuse, Bulk Waste, Recycling and Compost Collection and Disposal Residential Recycling Collecti Year 3 l Citv Bill Hauler Bill Single Family Town Home *All prices must be monthly per unit Residential Recycling Collection* Year 4 City Bill Hauler Bill Single Family Town Home *Ali prices must be monthly per unit charges. Residential Recycling Collection* Year 5 City Bill Hauler Bill Single Family Town Home *All prices must be monthly per unit charges. 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. Actual tonnage figures will also be required for all recycling materials. U-B. RECYCLING SERVICES- Fiber/Paper Products Please indicate the monthly unit price for each year of the five -year contract: 1) A single - family household unit price for weekly pickup for each option as indicated in the RFP Options on the first page of the proposal. 2) A unit price for a town home receiving individual curbside for weekly pickup for each option as indicated in the RFP Options on the first page of the proposal. Residential Recycling Co Year 1 Citv Bill I Hauler Bill Single Family Town Home *All prices must be monthly per unit cha E City of Shakopee — Request for Proposal (RFP) Residential Refuse, Bulk Waste, Recycling and Compost Collection and Disposal Residential Recycling Collection* Year 1 City Bill Hauler Bill Single Family Town Home F7 *All prices must be monthly per unit charges. Residential Recycling Collection* Year 1 City Bill Hauler Bill Single Family Town Home *All prices must be monthly per unit charges. Residential Recycling Collection* Year 1 City Bill Hauler Bill Single Family Town Home *All prices must be monthly per unit charges. 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. Actual tonnage figures will also be required for all recycling materials. M. COMPOSTABLE MATERIALS COLLECTION AND MARKETING/DISPOSAL Please indicate the monthly unit price for each year of the five -year contract: 1) A single - family household unit price for weekly pickup for each option as indicated in the RFP Options on the first page of the proposal. 2) A unit price for a town home receiving individual curbside for weekly pickup for each option as indicated in the RFP Options on the first page of the proposal. Residential Yard Waste Collection* Year 1 City Bill Haule Bill Single Family Town Home *All prices must be monthly per unit charges. Please indicate method of yard waste system; sticker, customer billing, coupon or the like. Residential Yard Waste Collection* Year 2 City Bill I Hauler Bill 10 City of Shakopee — Request for Proposal (RFP) Residential Refuse, Bulk Waste, Recycling and Compost Collection and Disposal Single Family Town Home *All prices must be monthly per unit charges. Please indicate method of yard waste system; sticker, customer billing, coupon or the like. Residential Yard Waste Col Year 3 1 Citv Bill I Hauler Bill Single Family Town Home *All prices must be monthly per unit charges. Please indicate method of yard waste system; sticker, customer billing, coupon or the like. Residential Yard Waste Co llection* Year 4 � Citv Bill T Hauler Bill Single Family Town Home *All prices must be monthly per unit charges. Please indicate method of yard waste system; sticker, customer billing, coupon or the like. Residential Yard Waste Col l e ction* Year 5 City Bill I Hauler Bill Single Family Town Home *All prices must be monthly per unit charges. Please indicate method of yard waste system; sticker, customer billing, coupon or the like. 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. 11 City of Shakopee — Request for Proposal (RFP) Residential Refuse, Bulk Waste, Recycling and Compost Collection and Disposal .. 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. SIGNED: NAME: (Type) TITLE: DATE: FIRM NAME: (if any) ADDRESS: I' • FAX #: (Street address) (City) (State) (Zip) 12 V. PROPOSER'S QUESTION — please bold answer(s) or type in appropriate 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. EMPLOYEES 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: Name: Phone: 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 Title: E -mail: Title: E -mail: 5. Please attach a copy of your firm's most recent financial report. 6. Individual completing questionnaire: (Print name 7. Phone: 8. E -Mail: m City of Shakopee —RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste 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 proposer. 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 17 of the EEO forms, your commitment to make application therefore within 30 days from the date of proposal opening. IR 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 11246 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 Address m 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 fords 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. [0) M 1 6 14410 1 1 1 1 DI 1 1 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/her 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 proposer 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 Firm 17 City of Shakopee RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste 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. 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 (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 proposal opening. Place check/mark on line if applicable). City of Shakopee RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste Person, Firm or Corporation Authorized Signature Title 19 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 "proposal" rigging or "proposal" rotating. Person, Firm or Corporation Authorized Signature Title w City of Shakopee RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste CONDITIONS AND I . DEFINITIONS .............................................................. ............................... H. GENERAL CONDITIONS 2.1 CONTRACTOR'S OBLIGATION .................... ............................... 2.2 TERM OF CONTRACT ..................................... ............................... 2.3 PAYMENT "OPTION 1" ................................... ............................... 2.4 PAYMENT "OPTION 2" ................................... ............................... 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 INDEMNIFICATION ........................ ............................... 2.16 INSURANCE ...................................................... ............................... 24 26 27 27 28 28 29 29 30 30 30 31 31 31 32 33 33 21 City of Shakopee —RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste 2.17 DEFAULT AND TERMINATION .................... ............................... 34 2.18 FORCE MAJEURE ............................................ ............................... 35 2.19 PENALITIES ...................................................... ............................... 35 2.20 NOTICES ............................................................ ............................... 37 2.21 SEVERABILITY ................................................ ............................... 37 2.22 GOVERNING LAW AND VENUE .................. ............................... 37 2.23 RIGHT TO REQUIRE PERFORMANCE ......... ............................... 37 2.24 OPTION TO CHANGE SERVICE; AMENDMENTS ..................... 38 I. SPECIAL CONDITIONS 3.1 CUSTOMER SERVICE ..................................... ............................... 38 3.2 EMPLOYEES AND CONDUCT ....................... ............................... 39 3.3 VEHICLES ......................................................... ............................... 40 3.4 ROUTING AND COLLECTION SCHEDULE . ............................... 41 3.5 HOLIDAY COLLECTION SCHEDULE .......... ............................... 42 3.6 HOURS AND STANDARDS OF COLLECTION ........................... 43 3.7 CONTRACTOR RECORDS .............................. ............................... 44 3.8 PUBLIC EDUCATION ...................................... ............................... 44 FUSE COLLECTION AND DISPOSAL - SPECIFICATIONS 4.1 COLLECTION ................................................... ............................... 44 4.2 REFUSE TO BE PROCESSED "OPTION 1" ... ............................... 45 4.3 PRICE AND PAYMENT ................................... ............................... 45 4.4 DISPOSAL AT DESIGNATED LANDFILL "OPTION 2" ............. 45 22 City of Shakopee —RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste 5.1 COLLECTION .................................................................................. 46 5.2 CONTAINERS AND RECYCLABLES ........................................... 46 5.3 RECYCLABLE PROCESSING ........................................................ 46 5.4 COMPENSATION FOR SERVICES ................................................ 47 VI. YARD WASTE COLLECTION AND PROCESSING 6 .1 COLLECTION .................................................................................. 48 6.2 PROCESSING OF YARD WASTE .................................................. 49 6.3 PRICE AND PAYMENT .................................................................. 49 VH. A/HSCELLANEOUS SERVICES 7.1 CLEANUP EVENTS ........................................................................ 50 01 City of Shakopee RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste 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. 00 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 "MMSW Processing facility" shall mean the structures and equipment, singly or in combination, that are designed, constructed, and used to separate, modify, convert, heat, prepare, or otherwise process solid waste so that materials, substances, or energy contained within the waste may be recovered for subsequent use and which are in fact being used to recover materials, substances, or energy contained within the waste. A facility that is permitted as a transfer station and which is not primarily designed for recovery materials, substances or energy from waste is not a "MMSW processing facility" even if some materials, substances or energy are recovered during waste consolidation and transfer operations. 1.14 "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. 1.15 "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. Other materials as mutually agreed upon between the City and Contractor. 1.16 (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; 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. 25 City of Shakopee RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard waste (c) The terms "garbage," "rubbish," "solid waste," "trash," and "waste" are synonymous with Refuse unless otherwise more specifically defined (for example, "yard waste "). 1.17 "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. The Administrator shall have the authority to determine the status of a building as a "Residential Unit." 1.19 "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. 1.20 "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. 1.21 "Ton" shall mean a short ton of 2,000 pounds. 1.22 "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 (HB- 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. 2.1 CONTRACTOR'S OBLIGATIONS: 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 F City of Shakopee RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste processing of Recyclables from Residential Units within the limits of the City and any territory hereinafter annexed. Contractor must provide for adequate disposal facilities or methods for refuse, recycling and yard waste as part of the contract proposal. 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. C. The Contractor is strictly prohibited from mixing any waste from any City residential route with any commercially generated waste. 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 City and 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 19 day of March, 2001, and shall remain in full force and effect through the 17th day of March, 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: (City bills the customers) 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. 27 City of Shakopee —RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste 1. 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 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. M 0 0 • 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. The City will assist the hauler through legal methods in the collection of unpaid accounts. C. The Hauler may stop providing refuse, yard waste 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. 2.5 CONTRACTOR'S ACCIDENT PREVENTION: A. The Contractor shall comply with the safety provisions of all applicable laws, regulations and building codes, including, without limitation, the installation and 28 City of Shakopee —RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste 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. 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 damage shall be addressed for repair or replacement, 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 address the repair or replacement 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. w7 City of Shakopee —RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste 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 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. W City of Shakopee RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste 2.11 TITLE TO REFUSE, RECYCLABLES AND YARD WASTE: 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. 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. 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 one million dollars ($1,000,000.00). The bond shall at all times be kept in full force and effect; said surety company shall have a Best 31 City of Shakopee RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste 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 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. 2.14 GENERAL INDEMNIFICATION: 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. 32 City of Shakopee —RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste 2.15 CERCLA INDEMNIFICATION: 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, properly damage, person injury, damage to natural resources, health assessments, health settlements, attorneys' 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. OFACIEFINIFIRSTUMM A. The Contractor shall furnish 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 Property Damage $1,000,000 /each occurrence (3) Commercial Vehicle Liability Insurance - Including owned, non -owned and hired motor vehicles. Bodily Injury $1,000,000 /each occurrence Property Damage $1,000,000 /each occurrence (4) Release or Threaten Release of a hazardous Substances — 2 million/occurrence 33 City of Shakopee —RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste 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. 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 W City of Shakopee —RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste 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 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. 2.18 FORCE MAJEURE: 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 party shall be liable for any delays or inability to perform due to causes beyond the control of said party 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 parry 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 six (6) 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--------- - - - - -- $100.00 each instance. 35 City of Shakopee —RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste 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. 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 c on t rac t ------------------------- $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 Refuse collection - 425.00 each instance. 10) Missing entire blocks /neighborhood. A missed block is deemed 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 $5,000 with the City to be used for payment of any penalty. Any unused portion of the deposit shall City of Shakopee RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste accrue interest at 5% simple annual interest and will be returned to the hauler at the end of the contract period. 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 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. 37 City of Shakopee RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste 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. 2.24 OPTION TO CHANGE SERVICE; AMENDMENTS: 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. 3.1 CUSTOMER SERVICE 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 38 City of Shakopee —RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste 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. 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. The Contractor shall provide for a quarterly informational brochure /newsletter, agreed upon by the City, to all Shakopee customers with information on contact numbers, recycling and refuse updates, informational tips and any changes in the law and the like. J. 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. 39 City of Shakopee RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste 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. 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 proposal 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. All vehicles used within the City of Shakopee for 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. D. 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 (weather permitting), inside and out, at least once each week, and shall be repainted at least every two and one -half (2 1/2) years. no] City of Shakopee RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste E. 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 use either rear or side (not top loading) loading trucks in the collection of City Refuse, Yard Waste and Recycling. 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 April 15 until November 1 with a timeframe allotted for holiday tree and wreath pickup in the months of December and January. B. Prior to January 15, 2001, 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 minimi 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 March 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. D. Upon approval of the routes, the Contractor shall at a minimum, chose a full -page map to be published in the Shakopee Valley News two times during the month of March, 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. M City of Shakopee —RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste 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. 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: M City of Shakopee —RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste New Year's Day Christmas Day Memorial Day Independence Day Labor Day Thanksgiving Day 3.6 HOURS AND STANDARDS OF COLLECTION: 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 up the debris in a workmanlike manner. A broom and shovel shall be required as standard equipment on each vehicle. H. 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. 43 City of Shakopee —RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste 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 monthly in to the City the actual tonnage of Recyclables and the estimated tonnage of Refuse, Yard Waste, 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. 3.8 PUBLIC EDUCATION: 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. 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. Contractor shall not collect those items or materials specifically excluded from collection under the Code of Ordinances as Prohibited Wastes. C. 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 March 19, 2001. City of Shakopee —RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste D. The Hauler shall provide service as necessary for the collection and disposal of refuse, recycling and yard waste from all City owned or leased facilities and parks at no cost to the City of Shakopee. Current City Facilities to Receive Collection: 1) City Hall —129 South Holmes Street. 2) Public Works/Police Station — 476 Gorman Street. 3) Community Center —1255 Fuller Street. 4) Library — 23 5 East Lewis Street. 5) Any other similar future facilities as designated by City Administrator. 4.2 REFUSE TO BE PROCESSED — "OPTION 1 ": A. The Contractor shall transport the collected Refuse to a Minnesota processing facility ( "MMSW '). 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 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. The Contractor shall submit monthly invoices for the material handled in the preceding month, and will be paid the accepted proposal price per ton. 4.4 DISPOSAL AT DESIGNATED LANDFILL — "OPTION 2 ": A. The Contractor shall transport the collected Refuse to a landfill mutually agreed between the Contractor and the City. M City of Shakopee —RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste 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 Contractor'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. B. 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 COLLECTION: 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. 5.2 CONTAINERS FOR RECYCLABLES: A. The Contractor shall provide each Family Unit with a Container for Recyclables. B. 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. ER City of Shakopee RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste 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 March 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 September 1, 2001. E. Proposer 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. 5.4 COMPENSATION FOR SERVICES: A. Price of this service shall be a fixed price per ton of Recyclables collected as established in the initial proposal. 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. [IVA City of Shakopee —RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste 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. 6.1 COLLECTION: A. The Contractor shall collect all properly prepared and placed Yard Waste in Containers or Bags for Yard Waste from Residential Units on the same day as regular Refuse Collection. B. Yard Waste shall be collected each year between April 15, or as soon as the Scott County Highway Department lifts the spring roadway weight limits and November 1, or such time as winter weather curtails yard waste operations. Christmas trees and other holiday wreaths shall be collected from mid January through the end of January. Starting and ending collection dates shall be with the City of Shakopee RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste mutual concurrence of the City. The Contractor shall not suspend operations during the operation periods of time without the written authorization of the City. 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. I "as 9 A. Payment for service shall be in addition to the fixed unit price of refuse and/or recycling as established in the Contractor's accepted proposal. Methods such as individual customer billing, stickers or tags or the like can be used in the billing process. 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. City of Shakopee —RFP Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste 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. 7.1 CLEANUP EVENTS: A. The City of Shakopee in conjunction with Scott County traditionally sponsors a spring clean-up day. The programs result in a high level of Bulk Waste placed for collection. The City will work with the association and Contractor to schedule one spring program in order to assure that adequate manpower and equipment can be made available. B. Clean-up events shall be billed separately to the City of Shakopee. C. "Bulk Items" will be picked up by the hauler and billed at an individual separate rate from the monthly residential unit rate of normal refuse, recycling and yard waste collection. M City of Shakopee Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: Canceling Debt Service Levy For 2000A Improvement Bonds DATE: October 1, 2000 Introduction Resolution No. 5426 cancels the debt service leviy and transfers funds from the General Fund in lieu of the needed special levy for the 2000A improvement bond issue sold at the last meeting. Background Attached is the resolution canceling the debt service levy for 2000A improvement bonds for taxes payable in 2001 and making an irrevocable transfer from the General Fund to the debt service fund 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. No provision was made for a tax levy in pay 2001 for the current improvement bond issue within the proposed maximum tax levy. There should be a levy of $54,340. Alternatives 1. Status Quo. County would add the levy for the new bonds onto the levy already set by Council. 2. Levy taxes for the new bond issue as debt service levy for 2000/01 as opposed to general fund levy. 3. Levy taxes for the new bond issue as general fund levy for 2000/01 and transfer funds to the debt service fund this year like other bond levies. 4. Do not levy at all for the new bonds but instead transfer money from General Fund or Capital improvement Fund as a replacement for the levy. Recommendation Alternative number 4 would keep the proposed tax levy intact while providing the money needed for the new bond issue. The resolution is presented following alternative no. 4 using the General Fund. Action Offer Resolution No. 5426 A Resolution Canceling Debt Service Levy For 2000/01, and move its adoption. Gregg 41ana Finance Director g:\budget01\budres01 RESOLUTION NO. 5426 A RESOLUTION CANCELING DEBT SERVICE LEVIES FOR 2000/01 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, COUNTY OF SCOTT, MINNESOTA, that the following debt service levy is canceled: 2000A Improvement Bonds $54,340 BE IT FURTHER RESOLVED, that the following irrevocable transfer is made from the General Fund to the respective debt service fund in 2000: 2000A Improvement Bonds $54,340 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 3rd day of October, 2000. Mayor of the City of Shakopee ATTEST: City Clerk