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November 15, 2016
RESOLUTION NO. 7784 A Resolution Ordering the Preparation of a Report on an Improvement to the 2017Street Reconstruction Project th WHEREAS, it is proposed to improve Shakopee Avenue from CSAH 17 to 11Avenue stnd and DakotaStreet from 1Avenue to 2Avenueby reconstruction of sanitary sewer, watermain, storm sewer, concrete curb & gutter, aggregate, bituminous paving and all appurtenant work and to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the proposed improvement be referred to Bruce Loney, Public Works Director, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 2016. Mayor of the City of Shakopee ATTEST: City Clerk ENGR/2017-PROJECTS/2017-RECONSTRUCTION/WORD/RES7784-ORDER-REPORT Infrastructure Engineering Planning Construction 701 Xenia Avenue South Suite #300 Minneapolis, MN 55416 Tel: 763 541-4800 Fax: 763 541-1700 September 9, 2016 Mr. Ryan Halverson, PE City of Shakopee 129 S. Holmes Street Shakopee, MN 55379 Re: City of Shakopee 2017 Street Reconstruction Project Estimate of Cost to Provide Topographic Survey Services and Construction Staking Services Dear Mr. Halverson: We propose to provide survey services for this project, as described below, on an hourly cost- reimbursable basis in accordance with our current fee schedule. The areas for this work are listed below and as shown on the attached figure from your RFP: th Shakopee Avenue - from Marschall Road to 11 Avenue stnd Dakota Street – from 1 Avenue to 2 Avenue Scope and Project Understanding: WSB will have the same survey crew throughout the project that will do all of the topographic survey and construction staking. This will ensure that they are familiar with the project and continuity throughout the construction will be maintained. This aspect has been our past practice and the City can be assured the same staff will be there each time. WSB will complete a topographical survey of the project area. WSB will submit the points for the various project areas to the City by October 7, 2016. It is assumed the City staff will plot the topo. PLEASE NOTE: WSB will process the topo data in cad for no additional cost and the City will receive a cad file with all the 3D lines. Our new survey template is efficient and will provide a nice finished product with little to no topo editing for the City. The horizontal datum shall be on the Scott County coordinate system. The vertical datum shall be on the NAVD88 sea level datum. The project area extends 10-feet beyond the right-of-way (we will shoot the houses corners) Survey will include all shots necessary to prepare a set of construction plans including but not limited to the following: 1. Shots at all match in points K:\\Shakopee\\2017 Recon Survey RFP\\LTR Prop Shak 2017 Survey 9-9-16.doc Mr. Ryan Halverson, PE City of Shakopee September 9, 2016 Page 2 of 3 2. Shots to establish existing vertical and horizontal alignment 3. Property irons to establish existing right-of-way 4. Cross sections every 50 feet, including at a minimum centerline, gutter line, top of curb, sidewalk, right-of-way line, grade breaks and 10-feet beyond the right-of- way. 5. Manhole reports including pipe sizes, pipe types, inverts block or precast and condition. We understand there are roughly 40 structures located in the 2017 Reconstruction Project Area that we’ll prepare reports on. 6. Shots on all driveways every 10-feet extending 20-feet beyond the right-of-way. 7. Boring locations (coordinate with WSB / ITCO Allied Engineering) 8. Small utilities (have utilities located through Gopher State One Call and maps of all small utilities in the area sent to the City). 9. All curb stops (WSB will coordinate the location of all curb stops with Shakopee Public Utilities). 10. QA/QC review of the topographic survey and manhole reports Deliverables to the City: ASCI point file and points in a Cad file in AutoCAD format with all topographic survey shot information included. Private Utility Maps collected from Gopher 1 Locates in paper and/or electronic PDF format. Topographic Survey Work: Cost not to exceed fee for the above described areas is given below: 2017 Street Reconstruction: $6,278.00 Construction Staking: Based on similar project size and scope we have completed for the City of Shakopee we estimate our fee to complete the construction staking for this project at: 2017 Street Reconstruction: $20,000.00 Construction staking will include sanitary sewer, water main, storm sewer and curb stakes. As-builts: The as-built survey we estimate fee is given below: 2017 Street Reconstruction: $2,500.00 The as-built work would include rim and invert elevations on all project structures and coordinates on service locations. We will provide Cad file on disk in AutoCAD format with all as- built survey shot information included. 2-person crew Our hourly billing rates for a are $164/hour and office survey work at $133/hour for our in house survey technician. This letter represents our understanding of the requested services. If you are in agreement, please sign on the space provided and return one original signed copy to us for our records. If you have any questions concerning this letter or fee as discussed herein, please feel free to contact me at 763-287-7175. We greatly appreciate the opportunity to assist you and the City of Shakopee in the completion of this project. K:\\Shakopee\\2017 Recon Survey RFP\\LTR Prop Shak 2017 Survey 9-9-16.doc Mr. Ryan Halverson, PE City of Shakopee September 9, 2016 Page 3 of 3 Sincerely, WSB & Associates, Inc. Tom Voll, P.E. Project Manager I hereby authorize WSB & Associates, Inc. to proceed with the above-referenced Scope of Work in accordance with the company’s current fee schedule. City of Shakopee Authorized Representative Date K:\\Shakopee\\2017 Recon Survey RFP\\LTR Prop Shak 2017 Survey 9-9-16.doc 540 Gateway Boulevard | Suite 100 | Burnsville, MN 55337 | (952) 737-4660 September 9, 2016 Ryan Halverson, PE City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Re: Proposal for: A Geotechnical Evaluation 2017 Street Improvements Portions of Dakota Avenue and Shakopee Avenue Shakopee, Minnesota Dear Mr. Halverson: Thank you for the opportunity to provide professional services for a geotechnical evaluation for the above referenced project. This lump sum fee proposal is in response to an RFP and conversation with you. In this proposal, we present a description of our understanding of the project, an outline of the scope of work we are to provide, and a fee schedule and estimate of charges for our services. st It is our understanding that this project consists of the reconstruction of Dakota Avenue between 1 ndth Avenue East and 2 Avenue East and Shakopee Avenue from Marschall Road to 11 Avenue East in Shakopee. The existing alignments are two lane bituminous roads. It is our understanding that the City is planning on constructing new storm sewer, sanitary sewer and watermain. Those utilities will be placed within 10 feet of existing grades. After backfilling the utility trenches the roadways will be reconstructed. WSB & Associates, Inc. (WSB) is a professional consulting and design firm providing surveying, engineering (civil/site/environmental/geotechnical/transportation), landscape architecture, planning, environmental, and construction services. The WSB is our commitment to each other and our clients Way to provide over-the-top customer service, integrity, and technical excellence. A. Project Objectives Based upon our experience with similar projects the objectives of our geotechnical services are to perform subsurface borings, classify and analyze the soil samples, discuss groundwater issues, and prepare recommendations for utility installation, subgrade preparation and pavement sections. Building a legacy legacy. your Equal Opportunity Employer | wsbeng.com YʹtĻƩƭƚƓğƌ5ğƩźƓ IǤğƷƷЋЉЊЏ tƩƚƦƚƭğƌƭD9hЋЉЊА {ƷƩĻĻƷ LƒƦƩƚǝĻƒĻƓƷƭ Ώ {ŷğƉƚƦĻĻЋЉЊА {ƷƩĻĻƷ LƒƦƩƚǝĻƒĻƓƷƭ Ώ {ŷğƉƚƦĻĻ͵ķƚĭǣ /źƷǤ ƚŅ {ŷğƉƚƦĻĻ {ĻƦƷĻƒĬĻƩ ВͲ ЋЉЊЏ tğŭĻ Ћ B. Scope of Basic Services Based on our understanding of the project we proposed the following scope of services: 1. Site Access Based on a review of on-line aerial photos it appears that the sites can be accessed with our CME-55 truck mounted auger drill. You indicated that traffic volumes on these segments of road are light and no special traffic control e.g. flagmen is necessary. We will utilize our drilling support truck and cones to allow traffic to self-regulate around our crew. 2. Bore Hole Locating and Gopher State One Call The City will stake the proposed bore hole locations and it is our understanding that the chosen design consultant will survey the as-drilled boring locations. Prior to sending a drill rig to the site WSB will contact Gopher State One Call (GSOC) and have them request public underground utility owners mark and clear our proposed bore hole locations of their utilities. If there are private underground utilities that are not located by GSOC, you must notify WSB immediately. WSB will take reasonable precautions to avoid underground facilities. 3. Subsurface Test Borings As requested, we propose to complete 8 standard penetration test borings to depths of about 15 feet below existing grade. In the standard penetration test borings we will sample and record blow counts at 2½ foot intervals to the boreholes termination depth. It is our understanding that bedrock may be encountered above the proposed termination depth. If unsuitable soils (soft soils termination depth(s), it will be necessary to extend the borings into more competent materials. This will allow us to better evaluate potential construction issues. An additional charge of $20 per lineal foot will be assessed for borings extended beyond their proposed termination depths. If the added work requires an additional mobilization to the site it will be charged at $200 per day. In Minnesota, a boring that encounters groundwater and is greater than 25 feet deep or penetrates a confining layer must be sealed per Minnesota Well Code. If grouting/sealing services are required at this project, they will be completed at a fee of $2.50 per linear foot. 4. Schedule, Bore Hole Samples and Laboratory Testing Based on our current drilling backlog, we anticipate that we can mobilize our truck mounted auger drill to the site in 1 to 2 weeks. Laboratory work and report preparation will take about 2 weeks following completion of the field work. It should be noted that this schedule may change based on timing of authorization, site conditions and other factors. Should our anticipated schedule change we will let you know. This estimate is based on work being completed during normal business hours (7am to 6pm), Monday through Friday. Additional charges will apply to night or weekend drilling. YʹtĻƩƭƚƓğƌ5ğƩźƓ IǤğƷƷЋЉЊЏ tƩƚƦƚƭğƌƭD9hЋЉЊА {ƷƩĻĻƷ LƒƦƩƚǝĻƒĻƓƷƭ Ώ {ŷğƉƚƦĻĻЋЉЊА {ƷƩĻĻƷ LƒƦƩƚǝĻƒĻƓƷƭ Ώ {ŷğƉƚƦĻĻ͵ķƚĭǣ /źƷǤ ƚŅ {ŷğƉƚƦĻĻ {ĻƦƷĻƒĬĻƩ ВͲ ЋЉЊЏ tğŭĻ Ќ Samples retrieved during drilling will be returned to our laboratory where they will be reviewed, classified using the Unified Soil Classification System (USCS) and logged under the direction of a geotechnical engineer. Select samples may be set aside for laboratory testing. We may perform routine laboratory tests on selected soil samples obtained from the exploration. This may include determinations of natural moisture content and gradations on select sand samples from the borings. Such tests will aid in determining soil classification and properties and potential behavior characteristics to help guide our recommendations. 5. Geotechnical Engineering Report Information gathered for this project will be used to prepare a geotechnical report. The report will summarize our findings and provide a discussion of subsurface soil and groundwater conditions encountered in our borings and how they may affect the proposed construction of utilities and pavements. The report will also provide an estimated R-value, recommendations for subgrade preparation, pavement design thicknesses along with estimates of ground water depths/elevations, site grading, and a discussion of soils for use as structural fill and site fill. We will provide you and any identified members of your design/project team with a PDF copy of our geotechnical report. If requested, we will also provide you with an original hard copy. This geotechnical proposal is presented for engineering services to determine the structural properties of the soil at the specified site. It does not cover an environmental assessment of the site, or environmental testing of the soil or groundwater. 6. Fee Our lump sum fee is provided below. Services Estimated Cost Field Work $1,813 8 standard penetration borings to 15 feet each, Backfilling and grouting boreholes per MDH requirements, Gopher State Utility Clearance. Laboratory/Office Work $1,767 Soil classification, boring logs, laboratory testing, Geotechnical Report preparation. Lump Sum Cost $3,580 If additional borings or deeper borings are needed, or if engineering and testing are requested beyond that necessary for preparation of our report (post-report consultation, report revision due to changes in building design or location, specification review, or pre-construction meetings), the increase in our fees will be in accordance with the rates previously indicated or at the unit prices shown on the enclosed Rate Schedule for hourly services. If have any questions regarding our scope of services or how they may be modified to meet your project needs please feel free to give us a call to discuss. YʹtĻƩƭƚƓğƌ5ğƩźƓ IǤğƷƷЋЉЊЏ tƩƚƦƚƭğƌƭD9hЋЉЊА {ƷƩĻĻƷ LƒƦƩƚǝĻƒĻƓƷƭ Ώ {ŷğƉƚƦĻĻЋЉЊА {ƷƩĻĻƷ LƒƦƩƚǝĻƒĻƓƷƭ Ώ {ŷğƉƚƦĻĻ͵ķƚĭǣ /źƷǤ ƚŅ {ŷğƉƚƦĻĻ {ĻƦƷĻƒĬĻƩ ВͲ ЋЉЊЏ tğŭĻ Ѝ C. Closure This letter represents our complete understanding of the proposed scope of services. If you are in agreement with the scope of services, proposed fee and attached General Contract Provisions please sign in the appropriate space below and return one copy to my attention. If you have any questions about this proposal, please feel free to call me at 952-737-4662 or email at dhyatt@wsbeng.com. This fee proposal is valid for ninety (90) days from the creation date noted in the header. WSB may reissue a revised Proposal upon request if the indicated time period has lapsed. Should the scope of work change in nature or be expanded to include additional services, we reserve the right to renegotiate the fees with you. However, once we begin work on this project any counteroffers will not be accepted. WSB & Associates, Inc. appreciates the opportunity of being considered for this project and we look forward to providing our professional services to you. Sincerely, WSB & Associates, Inc. Darin E. Hyatt, PE Joe Carlson, EIT Senior Geotechnical Engineer Graduate Geotechnical Engineer Attachments: WSB & Associates, Inc. 2016 Rate Schedule WSB & Associates, Inc. Exhibit A General Contract Provisions 8.01.16 ACCEPTED BY: Name (print) _______________________ Signature _______________________________ Company _______________________________ Title Date YʹtĻƩƭƚƓğƌ5ğƩźƓ IǤğƷƷЋЉЊЏ tƩƚƦƚƭğƌƭD9hЋЉЊА {ƷƩĻĻƷ LƒƦƩƚǝĻƒĻƓƷƭ Ώ {ŷğƉƚƦĻĻЋЉЊА {ƷƩĻĻƷ LƒƦƩƚǝĻƒĻƓƷƭ Ώ {ŷğƉƚƦĻĻ͵ķƚĭǣ Principal $158 Associate / Senior Project Manager $137$147$158 Project Manager $121$127$133 Project Engineer $104$112$121$127$133 Graduate Engineer $80$85$92$98 Sr Landscape Architect / Sr Planner / Sr GIS Specialist $109$118$125$133$138 Landscape Architect / Planner / GIS Specialist $66$74$81$89$99$104 Engineering Specialist / Senior Environmental Scientist $90$98$105$112$121$130 Engineering Technician / Environmental Scientist $52$60$67$74$79$85 Construction Observer $87$94$99$105$110 Coring Crew One-Person Crew $162 Two-Person Crew $238 Survey Crew One-Person Crew $132 Two-Person Crew $164 Three-Person Crew $184 Underwater Inspection Dive Team$460 Office Technician $42$65$75$85 Costs associated with word processing, cell phones, reproduction of common correspondence and mailing are included in the above hourly rates. Vehicle mileage is normally included in our billing rates, but can be charged separately if specifically outlined by contract. Reimbursable expenses include costs associated with plan, specification and report reproduction, permit fee, delivery cost, etc. Rate Schedule is adjusted annually. Multiple rates illustrate the varying levels of experience within each category. EngineeringPlanningEnvironmentalConstruction wsbeng.com WSB & ASSOCIATES, INC. EXHIBIT A GENERAL CONTRACT PROVISIONS ARTICLE 1 PERFORMANCE OF THE WORK supervise or control the work of contractors or their Consultant shall perform the services under this subcontractors, nor shall Consultant have authority over Agreement in accordance with the care and skill or responsibility for the contractors means, methods, or ordinarily exercised by members of Consultantprocedures of construction. Consultant profession practicing under similar circumstances at the include review or e same time and in the same locality. Consultant makes no warranties, express or implied, under this Agreement Job Site Safety shall be the sole responsibility of the or otherwise, in connection with its services. contractor who is performing the work. For Client-observed projects, the Consultant shall be ARTICLE 2 ADDITIONAL SERVICES entitled to rely upon and accept representations of the If the Client requests that the Consultant perform any services which are beyond the scope as set forth in the project observation or full-time project representation, Agreement, or if changed or unforeseen conditions the Client shall request such services be provided by require the Consultant to perform services outside of the the Consultant as an Additional Service. Consultant original scope, then, Consultant shall promptly notify the and Client shall then enter into a Supplemental Client of cause and nature of the additional services Agreement detailing the terms and conditions of the required. Upon notification, Consultant shall be entitled requested project observation. to an equitable adjustment in both compensation and ARTICLE 5 OPINIONS OF PROBABLE COST time to perform. Opinions, if any, of probable cost, construction cost, ARTICLE 3 SCHEDULE financial evaluations, feasibility studies, economic Unless specific periods of time or dates for providing analyses of alternate solutions and utilitarian services are specified in a separate Exhibit, considerations of operations and maintenance costs, collectively referred to as Cost Estimates, provided for be for a period which may reasonably be required for are made or to be made on the basis of the Consultant's the completion of said services. The Client agrees that experience and qualifications and represent the Consultant is not responsible for damages arising Consultant's best judgment as an experienced and directly or indirectly from any delays for causes beyond qualified professional design firm. The parties acknowledge, however, that the Consultant does not such causes include, but are not limited to, strikes or have control over the cost of labor, material, equipment other labor disputes; severe weather disruptions, or or services furnished by others or over market other natural disasters or acts of God; fires, riots, war or conditions or contractor's methods of determining their other emergencies; any action or failure to act in a prices, and any evaluation of any facility to be timely manner by any government agency; actions or constructed or acquired, or work to be performed must, of necessity, be viewed as simply preliminary. consultants; or discovery of any hazardous substance or Accordingly, the Consultant and Client agree that the differing site conditions. If the delays outside of proposals, bids or actual costs may vary from opinions, increase the cost or the time evaluations or studies submitted by the Consultant and required by Consultant to perform its services in that Consultant assumes no responsibility for the accordance with professional skill and care, then accuracy of opinions of Cost Estimates and Client Consultant shall be entitled to a reasonable adjustment expressly waives any claims related to the accuracy of in schedule and compensation. opinions of Cost Estimates. If Client wishes greater assurance as to Cost Estimates, Client shall employ an ARTICLE 4 CONSTRUCTION OBSERVATION independent cost estimator as part of its Project If requested by Client, Consultant shall visit the project responsibilities. during construction to become familiar with the progress ARTICLE 6 REUSE AND DISPOSITION OF if INSTRUMENTS OF SERVICE the work is proceeding, in general, in accordance with plans, specifications or other contract documents All documents, including reports, drawings, calculations, prepared by Consultant for the Client. The Client has specifications, CADD materials, computers software or not retained the Consultant to make detailed inspections hardware or other work product prepared by Consultant or to provide exhaustive or continuous project review pursuant to this Agreement are Consultant and observation services. Instruments of Service and Consultant retains all ownership interests in Instruments of Service, including Consultant neither guarantees the performance of any copyrights. The Instruments of Service are not intended Contractor retained by Client nor assumes responsibility or represented to be suitable for reuse by the Client or others on extensions of the Project or on any other work in accordance with the construction documents. project. Copies of documents that may be relied upon Client acknowledges Consultant will not direct, by Client are limited to the printed copies (also known Exhibit A General Contract Provisions 08.01.16 Page 1 as hard copies) that are signed or sealed by Consultant. amounts then due for services, expenses and charges. Files in electronic format furnished to Client are only for Payment methods, expenses and rates may be more convenience of Client. Any conclusion or information fully described in Exhibit C and Exhibit E. obtained or derived from such electronic files will be at ARTICLE 8 SUBMITTALS AND PAY Consultant makes no APPLICATIONS representations as to long term compatibility, usability or readability of electronic files. If the Scope of Work includes the Consultant reviewing and certifying the amounts due the Contractor, the If requested, at the time of completion or termination of Consultant the work, the Consultant may make available to the representation to the Client, that to the best of the Client the Instruments of Service upon (i) payment of Consultant amounts due and owing for work performed and Work has progressed to the point indicated and that the expenses incurred to the date and time of termination, quality of the Work is in general accordance with the Documents issued by the Consultant. The issuance of a Agreement. Any use or re-use of such Instruments of Certificate for Payment shall not be a representation Service by the Client or others without written consent, that the Consultant has (1) made exhaustive or verification or adaptation by the Consultant except for continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, and full legal responsibility and Client expressly methods, techniques, sequences or procedures, (3) releases all claims against Consultant arising from re-reviewed copies of requisitions received from use of the Instruments of Service without ConsultantSubcontractors and material suppliers and other data written consent, verification or adaptation. right to payment, or (4) ascertained how or for what The Client will, to the fullest extent permitted by law, purpose the Contractor has used money previously paid indemnify and hold the Consultant harmless from any on account of the Contract Sum. Contractor shall claim, liability or cost (including reasonable attorneys' remain exclusively responsible for its Work. fees, and defense costs) arising or allegedly arising out of any unauthorized reuse or modification of these If the Scope of Work includes Consultant Instruments of Service by the Client or any person or approval of submittals from the Contractor, such review entity that acquires or obtains the reports, plans and shall be for the limited purpose of checking for specifications from or through the Client without the conformance with the information given and the design written authorization of the Consultant. Under no concept. The review of submittals is not intended to circumstances shall transfer of Instruments of Service determine the accuracy of all components, the accuracy be deemed a sale by Consultant, and Consultant makes of the quantities or dimensions, or the safety no warranties, either expressed or implied, of procedures, means or methods to be used in merchantability and fitness for any particular purpose. construction, and those responsibilities remain Consultant shall be entitled to compensation for any consent, verification or adaption of the Instruments of ARTICLE 9 HAZARDOUS MATERIALS Service for extensions of the Project or any other project. Notwithstanding the Scope of Services to be provided pursuant to this Agreement, it is understood and agreed ARTICLE 7 PAYMENTS that Consultant is not a user, handler, generator, Payment to Consultant shall be on a lump sum or hourly operator, treater, arranger, storer, transporter, or basis as set out in the Agreement. Consultant is entitled disposer of hazardous or toxic substances, pollutants or to payment of amounts due plus reimbursable contaminants as any of the foregoing items are defined expenses. Client will pay the balance stated on the by Federal, State and/or local law, rules or regulations, invoice unless Client notifies Consultant in writing of any now existing or hereafter amended, and which may be disputed items within 15 days from the date of invoice. found or identified on any Project which is undertaken In the event of any dispute, Client will pay all undisputed by Consultant. amounts in the ordinary course, and the Parties will endeavor to resolve all disputed items. All accounts The Client agrees to indemnify Consultant and its unpaid after 30 days from the date of original invoice officers, subconsultant(s), employees and agents from shall be subject to a service charge of 1-1/2% per and against any and all claims, losses, damages, month, or the maximum amount authorized by law, liability and costs, including but not limited to costs of whichever is less. Consultant reserves the right to retain defense, arising out of or in any way connected with, the instruments of service until all invoices are paid in full. presence, discharge, release, or escape of hazardous Consultant will not be liable for any claims of loss, delay, or toxic substances, pollutants or contaminants of any or damage by Client for reason of withholding services kind, except that this clause shall not apply to such or instruments of service until all invoices are paid in full. liability as may arise out of Consultant Consultant shall be entitled to recover all reasonable in the performance of services under this Agreement costs and disbursements, including reasonable attorney arising from or relating to hazardous or toxic fees, incurred in connection with collecting amounts substances, pollutants, or contaminants specifically owed by Client. In addition, Consultant may, after giving identified by the Client and included within Consultant services to be provided under this Agreement. under this Agreement until it receives full payment for all Exhibit A General Contract Provisions 08.01.16 Page 2 ARTICLE 10 INSURANCE loss of use, loss of income, lost profit, project delays, Consultant has procured general and professional financing, business and reputation and for loss of liability insurance. On request, Consultant will furnish management or employee productivity or of the services client with a certificate of insurance detailing the precise of such persons; and (2) Damages incurred by the nature and type of insurance, along with applicable Consultant for principal office expenses including the policy limits. Additional Insurance requirements are compensation for personnel stationed there, for losses listed in Exhibit D. of financing, business and reputation and for loss of profit except anticipated profit arising directly from the ARTICLE 11 TERMINATION OR SUSPENSION Work. The Consultant and Client further agree to obtain s services are delayed or suspended in a similar waiver from each of their contractors, subcontractors or suppliers. delayed by actions or inactions of others for more than ARTICLE 14 WAIVER OF CLAIMS FOR PERSONAL 60 days through no fault of Consultant, Consultant shall LIABILITY be entitled to either terminate its agreement upon 7 days written notice or, at its option, accept an equitable It is intended by the parties to this Agreement that adjustment of rates and amounts of compensation ConsultantConsultant provided for elsewhere in this Agreement to reflect employees, officers or directors to any personal legal reasonable costs incurred by Consultant in connection exposure for the risks associated with this Agreement. with, among other things, such delay or suspension and Therefore, and notwithstanding anything to the contrary reactivation and the fact that the time for performance under this Agreement has been revised. sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against This Agreement may be terminated by either party upon Consultant, and not against any of Consultant seven days written notice should the other party fail individual employees, officers or directors. substantially to perform in accordance with its terms ARTICLE 15 ASSIGNMENT through no fault of the party initiating the termination. In the event of termination Consultant shall be Neither Party to this Agreement shall assign its interest compensated for services performed prior to termination in this agreement, any proceeds due under the date, including charges for expenses and equipment Agreement nor any claims that may arise from services costs then due and all termination expenses. or payments due under the Agreement without the written consent of the other Party. Any assignment in This Agreement may be terminated by either party upon violation of this provision shall be null and void. Nothing Consultant contained in this Agreement shall create a contractual shall upon termination only be entitled to payment for relationship with or a cause of action in favor of a third the work performed up to the Date of termination. In the party against either the Consultant or Client. This event of termination, copies of plans, reports, Agreement is for the exclusive benefit of Consultant and specifications, electronic drawing/data files (CADD), Client and there are no other intended beneficiaries of field data, notes, and other documents whether written, this Agreement. printed or recorded on any medium whatsoever, finished ARTICLE 16 CONFLICT RESOLUTION or unfinished, prepared by the Consultant pursuant to this Agreement and pertaining to the work or to the In an effort to resolve any conflicts that arise during the Project, (hereinafter "Instruments of Service"), shall be design or construction of the project or following the made available to the Client upon payment of all completion of the project, the Client and Consultant amounts due as of the date of termination. All agree that all disputes between them arising out of or provisions of this Agreement allocating responsibility or relating to this Agreement shall be submitted to liability between the Client and Consultant shall survive nonbinding mediation as a precondition to any formal the completion of the services hereunder and/or the legal proceedings. termination of this Agreement. ARTICLE 17 CONFIDENTIALITY ARTICLE 12 INDEMNIFICATION The Consultant agrees to keep confidential and not to The Consultant agrees to indemnify and hold the Client disclose to any person or entity, other than the harmless from any damage, liability or cost to the extent Consultant caused by the Consultantgeneral contractor and subcontractors, if appropriate, misconduct. any data and information furnished to the Consultant and marked CONFIDENTIAL by the Client. These The Client agrees to indemnify and hold the Consultant provisions shall not apply to information in whatever harmless from any damage, liability or cost to the extent form that comes into the public domain, nor shall it lful misconduct. restrict the Consultant from giving notices required by law or complying with an order to provide information or ARTICLE 13 WAIVER OF CONSEQUENTIAL data when such order is issued by a court, DAMAGES administrative agency or other authority with proper The Consultant and Client waive claims against each jurisdiction, or if it is reasonably necessary for the other for consequential damages arising out of or Consultant to complete services under the Agreement relating to this contract. This mutual waiver includes or defend itself from any suit or claim. damages incurred by the Client for rental expenses, for Exhibit A General Contract Provisions 08.01.16 Page 3 ARTICLE 18 LIMITATION OF LIABILITY mediation shall be settled by the law of the state of To the maximum extent permitted by law, the Client Minnesota. ARTICLE 20 LOCATION OF UNDERGROUND or through the Client to the sum of Fifty Thousand IMPROVEMENTS Dollars ($50,000). This limitation shall apply regardless of the cause of action or legal theory pled or asserted. Where requested by Client, Consultant will perform In addition, Client and Consultant each agree that neither customary research to assist Client in locating and will be responsible for any incidental, indirect, or identifying subterranean structures or utilities. However, consequential damages (including loss of use or loss of Consultant may reasonably rely on information from the profits) sustained by the other, its successors or assigns. Client and information provided by local utilities related to This mutual waiver shall apply even if the damages were structures or utilities and will not be liable for damages foreseeable and regardless of the theory of recovery incurred where Consultant has complied with the plead or asserted. standard of care and acted in reliance on that information. The Client agrees to waive all claims and causes of ARTICLE 19 CONTROLLING LAW action against the Consultant for claims by Client or its This Agreement is to be governed by the laws of the contractors relating to the identification, removal, State of Minnesota. Any controversy or claim arising relocation, or restoration of utilities, or damages to out of or relating to this Agreement, or the breach underground improvements resulting from subsurface thereof, including but not limited to claims for negligence penetration locations established by the Consultant. or breach of warranty, that is not settled by nonbinding Exhibit A General Contract Provisions 08.01.16 Page 4 RESOLUTION NO.7799 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA ACCEPTING A TORO CENTENNIAL GIVING PROGRAM PRODUCT DONATION OF A SAND PRO 2040Z AND NAIL DRAGFROM THE TORO COMPANY WHEREAS, on November 6, 2002, the City Council adopted Resolution No. 5794, which established procedure relating to the receipt of gifts and donations by the City;and WHEREAS, Resolution No 5794specifies that donations of real property shall beaccepted by resolution of the City Council, and shall require a two-thirds majority of the Council for acceptance;and WHEREAS, the TORO COMPANY hasgenerously donated a Sand Pro 2040Z and Nail Dragby way of their Centennial Product DonationProgramto support the City of Shakopee’s Park and Recreation Departmentand Public Works Department;and WHEREAS, such a donation willhelp improve maintenance of Schleper Stadium and City ball fields and enhancethe overall opportunities and quality of life in Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that thedonation of productfrom THE TORO COMPANYis gratefully accepted; and FURTHER, the product shall be used in the City of Shakopee’sParks and Recreation Departmentand Public Works Department, which is consistent with the wishes of the donor. FURTHER, the City staff is directed to send a letter to the donor, acknowledging receipt of the gift and expressing the appreciation of the City Council. Adopted in regular session of the City Council of the City of Shakopee, th Minnesota held this 15day of November, 2016. ______________________________ William Mars Mayor of the City of Shakopee ATTEST: ___________________________________ City Clerk RESOLUTION NO.7796 Revised A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA ACCEPTING A PLAYGROUND GRANT FROM MINNESOTA/WISCONSIN PLAYGROUND WHEREAS, on November 6, 2002, the City Council adopted Resolution No. 5794, which established procedure relating to the receipt of gifts and donations by the City;and WHEREAS, Resolution No 5794specifies that donations or gifts shall be accepted by resolution of the City Council, and shall require a two-thirds majority of the Council for acceptance;and WHEREAS, Minnesota/Wisconsin Playground hasawarded the city a matching grant of $76,309.00for the purchase of playground equipment;and WHEREAS, such grant will be used to replace the playgrounds at Emerald Lane and Hiawatha Parks; and WHEREAS, such grant allows the city to replace the playgrounds at a reduced cost, allowing funding to be allocated to other improvements in the future. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that theaward of the playgroundgrant from Minnesota/Wisconsin Playground begratefully accepted; and FURTHER,the City staff is directed to accept the grant and expressthe appreciation of the City Council. Adopted inregular session of the City Council of the City of Shakopee, Minnesotathis 15thday of November, 2016. ______________________________ William Mars Mayor of the City of Shakopee ATTEST: ___________________________________ City Clerk RESOLUTION NO.7800 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA ACCEPTING MULTIPLE DONATIONSOF $1,000.00 OR MORE FOR THE SHAKOPEE FUN FOR ALL PLAYGROUND. WHEREAS, on November 6, 2002, the City Council adopted Resolution No. 5794, which established procedure relating to the receipt of gifts and donations by the City;and WHEREAS, Resolution No.5794specifies that donations or gifts shall be accepted by resolution of the City Council, and shall require a two-thirds majority of the Council for acceptance;and WHEREAS, avid supportersof the City of Shakopee havegenerously donated$1,000or moretothe Shakopee Fun For All Inclusive Playground; and WHEREAS, the donators include O’Brien Dental, Allina Health and a special donation from Ethan’s Reason in honor of Mackenzie Sorah; and WHEREAS, donationswillassist in fundingaunique playground that will provide a positive playing experience for all community members, young to old and of all abilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that thedonations aregratefully accepted; and FURTHER, the City staff is directed to send a letter to the donors, acknowledging receipt of the giftsand expressing the appreciation of the City Council. Adopted in regular session of the City Council of the City of Shakopee, th Minnesotaheld this15day of November, 2016. ______________________________ William Mars Mayor of the City of Shakopee ATTEST: ___________________________________ City Clerk RESOLUTION NO.7801 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA ACCEPTINGA DONATION OF $45,000 FOR THE NEW SHAKOPEE ICE ARENA FROM THESHAKOPEE YOUTH HOCKEY ASSOCIATION WHEREAS, on November 6, 2002, the City Council adopted Resolution No. 5794, which established procedure relating to the receipt of gifts and donations by the City;and WHEREAS, Resolution No.5794specifies that donations or gifts shall be accepted by resolution of the City Council, and shall require a two-thirds majority of the Council for acceptance;and WHEREAS, THE SHAKOPEE YOUTH HOCKEY ASSOCIATION has generously donated $45,000.00 to the new Shakopee Ice Arena to be utilized to purchasefour scoreboards; and WHEREAS, such donationswillhelp improve the recreationfacilities and enhancethe overall quality of life in Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that thedonation isgratefully accepted; and FURTHER, the City staff is directed to send a letter to the donor, acknowledging receipt of the gift and expressing the appreciation of the City Council. Adopted in regular session of the City Council of the City of Shakopee, Minnesotaheld this15thday of November, 2016. ______________________________ William Mars Mayor of the City of Shakopee ATTEST: ___________________________________ City Clerk List for Surplus Office Furniture, Audio Visual Equipment and Lighting: November 15, 2016 5 –6’ x 2’ desks 1 –6’ upper cabinet 1 –5’upper cabinet 1 –3 ½’upper cabinet 5–42” partitions and hardware 3 –36” partitions and hardware 3 –30” partitions and hardware -hard side audio rack -floor audio rack w/power conditioner -misc 8ohm amps -Pr. JBL JRX 100 speakers -Misc par can lighting -Misc effects lighting -Misc cables and accessories -Rolling wood audio rack -CD mixer and components -pr. Celeston CR 153 speakers -pr Peavey SP5XL -pr Yamaha Subwoofers cabs -floor audio rack -RSS snake system -Mackie CFX16 mixer -Soundcraft LX7II mixer FundstransferredelectronicallyNovember2,2016toNovember15,2016 PAYROLL $ 258,466.45 FIT/FICA83,128.68$ STATEINCOMETAX17,370.35$ PERA81,705.36$ HEALTHCARESAVINGS11,481.99$ HEALTHSAVINGSACC T $5,130.78 NATIONWIDEDEFCOMP11,469.86$ ICMADEFERREDCOMP1,954.02$ MSRS2,865.15$ FSA2,555.07$ MNWAGELEVY545.47$ Total476,673.18$ Page 1 of 1 11/10/2016 10:26:33 AM RESOLUTION NO. 7797 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNNESOTA DECLARING THE AMOUNT TO BE ASSESSED, ORDERING THE PREPARATION OF PROPOSED ASSESSMENTS, AND SETTING THE PUBLIC HEARING DATE FOR DELINQUENT GARBAGE/REFUSE BILLS ______________________________________________________________________________ WHEREAS , the City of Shakopee contracted with Republic Services/Allied Waste Services to provide garbage and recycling services to the residents of the City of Shakopee; and WHEREAS, Republic Services/Allied Waste Services billed their customers for this service; and WHEREAS, some customers are delinquent in paying the amount owed for the service provided by Republic Services/Allied Waste Services; and WHEREAS, the contract with City of Shakopee has with Republic Services/Allied Waste Services does not allow Republic Services/Allied Waste Services to halt services due to non-payment; and WHEREAS, Minnesota Statute Section 443.015 and Section 51.07 of the City Code authorizes the City to collect payment from delinquent refuse and recycling accounts by way of Special Assessments to the properties that are delinquent. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The total amount to be certified for all delinquent accounts is $510.58. 2. City staff shall calculate the proper amount to be certified for each delinquent account within the City of Shakopee, as provided by law, and keep a copy of such proposed assessment in City Hall for public inspection. BE IT FURTHER RESOLVED: 1. That a hearing shall be held on the 6 day of December 2016, in the Council Chambers of City Hall at 7:00 P.M. or thereafter, to pass upon such proposed assessments and at such time and place, all person owning property affected by such delinquent accounts and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and shall state in the notice the total amount to be certfieied as delinquent. A mailed notice of assessment roll not less than two weeks prior to the hearing. Adopted in the ______________________ session of the City Council of the City of Shakopee, Minnesota held this _______ day of __________________________, 2016. _________________________________ Mayor of the City of Shakopee ATTEST: _____________________________________ City Clerk RESOLUTION NO. 7798 A RESOLUTION CLOSING THE DARE FINES SPECIAL REVENUE FUND BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, COUNTY OF SCOTT, MINNESOTA, that the following special revenue fund is closed due to inactivity: Dare Fines Special Revenue (Fund # 2130) BE IT FURTHER RESOLVED that General Fund is to transfer $3,754.50 to the Dare Fines fund to zero out the deficit balance and close the fund. th Adopted in regular session of the City Council of the City of Shakopee, Minnesota held this 15 day of November 2016. Mayor of the City of Shakopee ATTEST: City Clerk October 24, 2016 Contact: Abbie Siljendahl, Events & Communications Director Phone (952) 445-1660, Email asiljendahl@shakopee.org Holiday Festival Street Closure and No Parking Requests Friday, December 2, 4 PM Closures/Clearing, Event Time 6-8 PM hosting the annual Holiday Festival on Friday, December 2, 6-8 PM (note: street closures and clearing requested 2-hr prior to start time). Holiday Fest includes the tree lighting ceremony, SACS school choir performance, appearance and photos with Santa, horse- drawn carriage rides, and holiday stations hosted by downtown businesses. SUMMARY OF REQUESTS No parking by police order Friday, December 2, 4-8 PM (please advise us of advance notice of no parking signage, preferably the day before or morning of the event) City official assistance with clearing streets 4-6 PM (1 hr prior to event). The streets MUST be cleared for horse-drawn carriage rides and pedestrian traffic only. This is a family event children will be walking to/from holiday stations throughout the closed area indicated in yellow on the attached map. Barricades to be placed by 4:00 PM Friday, Dec 2 1 barricade north end of Holmes Street preventing incoming traffic from Co Hwy 69 ndst 1 barricade on Holmes Street at 2 Ave preventing northbound traffic on Holmes between 1 and 2 nd Ave nd 2 barricades at the intersection of Lewis St and 2 Ave preventing northbound and eastbound traffic 1 barricade on 1 st Ave closing the street from For the Journey (230 1 st Ave E) and eastward Aluminum Risers (City-owned?) to be placed by/before 5:00 PM Friday, Dec 2 1 section (size?) aluminum risers positioned in front of the Christmas tree located at the intersection of 1 st Ave and Lewis St. The risers are for the SACS school choir performance. ORDINANCE NO.950 AN ORDINANCE OF THE CITY OF SHAKOPEE AMENDING SECTION151.007 (A) (3) OF THE CITY CODERELATING TO SETBACKS FROM STREETS& SECTION 151.034 (E) (3) (b) REGARDING CORNER LOT WIDTHS. ______________________________________________________________________________ WHEREAS , The City of Shakopee has proposed an amendment to Section151.007 (A) (3) relating to setbacks from streets& Section 151.034 (E) (3) (b)regarding corner lot widths; and WHEREAS , notices were duly sent and posted, and a public hearing was held before the Planning Commission on November 3, 2016at which time all persons present were given an opportunity to be heard; and WHEREAS , the Planning Commission recommended thatthe City Code section listed be amended toreinstate the previous street side setback requirements by reducing the setback by 10 feet in any yard abutting a street other than the front; and allow R-1B Single-family detached corner lots to have a minimum 60 foot lot width. WHEREAS , the City Council heard the matter at its meeting on November 15,2016; and THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1. Section 151.007 (A) (3) relating to setbacks from streets beamendedto read as follows: Setbacks from streets.On corner lots or other lots abutting 2 or more streets, the required front yard setback shall be provided for each side abutting a street. The front yard shall be the side with the shortest street frontage. In the Rural Residential (RR), Low-Density Residential (R-1A), Urban Residential (R-1B), and Medium-Density Residential (R-2) Zones, the required setback shall be reduced by 10 feet in any yard abutting a street other than the front. Section 2. Section 151.034 (E) (3) (b) regarding corner lot setbacks be amended to read as follows: 1 Minimum lot width for single family detached corner lots: 60 feet: Section 2. TheCity Council adopts the following findings of fact relating to the request to modify the language in the City’s zoning ordinance regardingsetbacks from streets. Criteria #1That the original zoning ordinance is in error; Finding #1The original ordinance is in error, as it hascreated hardships for residential subdivision developers. Criteria #2That significant changes in community goals and policies have taken place; Finding #2There have not been significant changes in community goals and policies; however, greater flexibility in creating practical lots of records in residential subdivisions is in the best interest of the community. Criteria #3That significant changes in City-wide or neighborhood development patterns have occurred; Finding #3There has been evidence presented that city-wide or neighborhood development patterns have changed, as there is interest in creating residential subdivisions consistent with previously approved developments. Criteria #4That the Comprehensive Plan requires a different provision; Finding #4The Comprehensive Plan does not require a different provision. Section 5. Effective Date. This ordinance shall be in effect from and after the date of its passage and publication. Adopted in ___________ session of the City Council of the City of Shakopee, Minnesota held this ______ day of ____________, 2016. _____________________________ William Mars, Mayor ATTEST: __________________________ Lori Hensen, City Clerk Published in the Shakopee Valley News on the _____ day of _____________, 2016. 2 ORDINANCE NO.951 AN ORDINANCE OF THE CITY OF SHAKOPEE AMENDING TITLE XVOF THE CITY CODERELATING TO COMMON PROCEDURES AND CREATING A NEW SECTION 151.001 (E) THAT WILL APPLY TO ZONING AND SUBDIVISIONS ______________________________________________________________________________ WHEREAS , The City of Shakopee has proposed an amendment to Section151.001(E) relating to common procedures along with adding sections pertaining to public notice, neighborhood meetings, posting of notice signs, and other general policies and procedures.; and WHEREAS , notices were duly sent and posted, and a public hearing was held before the Planning Commission on November 3, 2016at which time all persons present were given an opportunity to be heard; and WHEREAS , the Planning Commission recommended thatthe City Code section listed be amended torequire neighborhood meetings unless waived by the administrator, require posting of property prior to public hearings and to expand the public notice area to five hundred feet. WHEREAS , the City Council heard the matter at its meeting on November 15,2016; and THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: This new section will be added to 151.001, Section E. and will add a common procedures section pertaining to, publicnotice, neighborhood meetings, posting of signs and other general rules and procedures as follows: Section 1. Definitions: Administratorshall be the Zoning Administrator or Planner or their designee. (E) Common procedures. The general provisions of this section shall apply to all applications for development approval and permit requests under this chapter, unless otherwise stated. (1) Authority to file applications. 1 (a) General. Applications submitted under this chapter shall be submitted by the landowner; a person, business, or organization having rights in contract in the land; their authorized agent; the city council; the planning commission; or the administrator. (b) Applicant not the owner. If the applicant is not the owner of the land, the owner's name and contact information must be included in the application. (2) Neighborhood meetings. (a) General. The purpose of the neighborhood meeting is to provide an opportunity for informal communication between applicants, occupants, and owners of nearby properties that may be affected by development proposals; to educate the occupants and owners about the proposed development and application; to receive comments and address concerns about the development proposal; and to resolve conflicts and outstanding issues, where possible. (b) Neighborhood meeting required. A neighborhood meeting is required for all applications requiringa public hearing prior to submission of an application. Upon receiving an application requiring a public hearing, the administrator shall require an applicant to conduct a neighborhood meeting prior to a public hearing being scheduled. The Zoning Administrator or Planner (administrator) may waive this requirement in cases where there is no adjacent neighborhood that would be impacted by the application. (c) Applications requiring neighborhood meetings. Unlessa waiver is granted by the administrator, aneighborhood meeting shall be required to be conducted prior to consideration of the following applications: (i) Map amendment (rezoning); (ii) Preliminary Plat (iii) Conditional Use Permit (CUP) (iv) Comp Plan Amendments (v) PUD (vi) Zoning Text Amendments (vii) Variances (d) Procedure. If a neighborhood meeting is convened, it should generally comply with the following procedures: (i) Day, time and place. The neighborhood meeting should be held during the hours of 6:00 p.m. to 9:00 p.m., Monday through Friday, at a place that is generally accessible to occupants of property in close proximity to the land subject to the application. Meetings may be held at a time and day different from above at the neighborhood's request. Meetings shall be held atleast eight calendar days prior to the scheduled public hearing. Failure to do so may result in delay or denial of the application. (ii) Notification. The applicant shall provide notification of the neighborhood meeting a minimum of seven business days in advance of the meeting by first class mail to: all owners and occupants within 500 feet of the land subject to the application; any neighborhood organization 2 that represents citizens within that area; the planning staff; and the review board. The notification shall state the time and place of the meeting. (iii) Conduct of meetings. At the neighborhood meeting, the applicant shall explain the development proposal and application; answer questions; and, address the ways in which to resolve the attendees'concerns. Within two days of the meeting, the applicant shall provide the city a list of those in attendance with a summary of the attendee's concerns. (3) Public notification for Public Hearings to be held by the Planning Commission and Board of Adjustment and Appeals, (a) Content of mailed and published notice. All mailed and published notices for public hearings shall: (i) Identify the case lognumber and the name of the applicant or the applicant's agent. (ii) Indicate the date, time and placeof the public hearing, or indicate the earliest date an administrative decision will be made. (iii) Describe the site involved by street address, property identificationnumber (or both) and nearest intersection. (iv) Identify the current zoning district designation of the site subject to the application. (v) Describe the nature, scope and purpose of the application or proposal. (vi) Indicate the date and hours of availability and describe in which department the application, staff report, and related materials may be inspected by the public. (vii) Include a statement describing where interested members of the public and adjoining property owners may submit written comments or evidence prior to the public hearing, or an administrative decision. (viii) Include a statement that interested members of the public and adjoining property owners may appear at the public hearing, be heard, and submit evidence and written comments with respect to the application. (b) Mailed notice. When the provisions of this chapter require that written or mailed notice be provided, the administrator shall be responsible for preparing and mailing the written notice. Notice shall be mailed to: (i) All property owners of the land subject to the application; (ii) Surrounding property owners whose address is known by reference to the latest ad valorem tax records: For applications subject to a public hearing, all property owners within 500 feet of the land subject to the application; (iii) Notice shall be deemed mailed by its deposit in the United States mail, first class, properly addressed, postage paid. The administrator shall certify that notice meeting the content requirements was mailed. A copy of the mailed notice shall be maintained in the office of the administrator for public inspection during normal business hours. (c) Published notice. 3 (i) When the provisions of this chapter require that notice be published, the administrator shall be responsible for preparing the content of the notice and publishing the notice in a newspaper of general circulation in the city. The content and form of the published notice shall be consistent with the requirements of the Minnesota Code of Laws. (ii) The administrator shall prepare a certificate affirming that published noticehas occurred pursuant to the requirements of this subsection and include a copy of the published notice for the records. (d) Posted notice. (i) When the provisions of this chapter require that notice be posted on the site subject of the application (151.001 2(C)), notice shall comply with the following requirements: (I) Notice shall be posted on signs in a form established by the administrator. (II) The signs shall be placed by the applicant on the property that is subject to the application 15 days prior to the public hearing along each public street that abuts or transects the property, at intervals of not more than 500 feet. (III) The signs shall be posted in a manner that ensures visibility from public streets. (ii) The applicant shall sign and provide to the administrator a notarized affidavit in a format provided by the city stating that posted notice has been provided in accordance with the requirements of this subsection. The affidavit shall be submitted to the administrator prior to the public hearing for the subject application. (iii) The applicant shall ensure that the posted notice is maintained on the property until the completion of the public hearing on the application. (iv) The signs shall be removed by the applicant within five days after the public hearing on the application. Section 2. TheCity Council adopts the following findings of fact relating to the request to modify the language in the City’s zoning and subdivision ordinance regardingneighborhood meetings and notice. Criteria #1That the original zoning ordinance is in error; Finding #1The original ordinance at the time meet the community’s desire. Today, the public wants a more transparent process. Criteria #2That significant changes in community goals and policies have taken place; Finding #2The community desires the rezoning, CUP and subdivision process to be more transparent. Criteria #3That significant changes in City-wide or neighborhood development patterns have occurred; Finding #3There has been evidence presented that city-wide or neighborhood development patterns have changed. Residential areas now abut more commercial uses and new proposed subdivisions that may differ in character from existing patterns. 4 Criteria #4That the Comprehensive Plan requires a different provision; Finding #4The Comprehensive Plan does not require a different provision. Section 5. Effective Date. This ordinance shall be in effect from and after the date of its passage and publication. Adopted in ___________ session of the City Council of the City of Shakopee, Minnesota held this ______ day of ____________, 2016. _____________________________ William Mars, Mayor ATTEST: __________________________ Lori Hensen, City Clerk Published in the Shakopee Valley News on the _____ day of _____________, 2016. 5 ORDINANCE NO. 952 AN ORDINANCEOF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE CITY’S ADOPTED 2016 FEE SCHEDULE WHEREAS, by Ordinance No. 924, the City Council established a fee schedule effective January 1, 2016; and WHEREAS, the City Council has determined that it is desirable to modify the 2016 Fee Schedule. NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Shakopee, Minnesota, that the Fee Scheduleis amended as follows: Engineering II.GeneralEngineering G.Sewer Service 1.Fixed Fee$6.50/billing cycle 2.For every 1,000 gallons or part thereof of metered flow or water usage: All other properties$2.42/billing cycle BE IT FURTHER ORDAINED, thatthe Fee Schedule amendment shallbecome effective with the first billing in January 2017. Adopted in Regular Session of the City Council of the City of Shakopee, Minnesota held this th 15day of November, 2016. Approved: Mayorof the City of Shakopee Attested: City Clerk {ğƓźƷğƩǤ {ĻǞĻƩ CǒƓķ tƩƚƆĻĭƷĻķ /ğƭŷ \[ĻǝĻƌƭ ЋЉЊАΏЋЉЋЊ /ğƦźƷğƌ LƒƦƩƚǝĻƒĻƓƷ tƩƚŭƩğƒ /źƷǤ ƚŅ {ŷğƉƚƦĻĻͲ aźƓƓĻƭƚƷğ ВͲЉЉЉͲЉЉЉ БͲЉЉЉͲЉЉЉ АͲЉЉЉͲЉЉЉ ЏͲЉЉЉͲЉЉЉ ЎͲЉЉЉͲЉЉЉ ЍͲЉЉЉͲЉЉЉ ЌͲЉЉЉͲЉЉЉ ЋͲЉЉЉͲЉЉЉ ЊͲЉЉЉͲЉЉЉ Ώ ЋЉЊАЋЉЊБЋЉЊВЋЉЋЉЋЉЋЊ υЉ͵ЎЉ CƌğƷυЉ͵ЎЉ CƌğƷυЉ͵ЎЉ CƌğƷυЉ͵ЎЉ CƌğƷυЉ͵ЎЉ CƌğƷ Бі ğƩźğĬƌĻБі ğƩźğĬƌĻБі ğƩźğĬƌĻЎ͵ЋЎі ğƩźğĬƌĻЎ͵ЋЎі ğƩźğĬƌĻ ƚƷğƌ ƩĻǝĻƓǒĻ ƚƷğƌ 9ǣƦĻƓƭĻƭ9ƭƷźƒğƷĻķ bĻƷ tƚƭźƷźƚƓ ğƭ ƚŅ 5ĻĭĻƒĬĻƩ ЌЊ 2016 Annual Sanitary Sewer Cost Comparison $400 $350 $300 $250 $200 $150 $100 $50 $- MINNEAPOLIS/ST. PAUL METRO (Served by Metropolitan Council Environmental Services) Savage, MN* $12.61 Shakopee, MN* $19.44 Wastewater Fixed Charge Maple Grove, MN* $20.07 Wastewater Volume Charge Spring Lake Park, MN* $20.76 Based on 6,000 Gallons Eagan, MN* $20.98 Outsourced * Farmington, MN* $21.60 Columbia Heights, MN* $21.60 Eden Prairie, MN* $21.88 Apple Valley, MN* $22.70 Ramsey, MN* $22.93 Anoka, MN* $24.65 Mounds View, MN* $25.07 Victoria, MN* $25.32 Hopkins, MN* $25.80 Oakdale, MN* $25.98 Plymouth, MN* $26.03 Richfield, MN* $26.10 Falcon Heights, MN* $27.26 Dayton, MN* $28.24 Champlin, MN* $29.31 St. Louis Park, MN* $29.85 Minnetonka, MN* $30.61 Prior Lake, MN* $30.94 Minneapolis, MN* $31.49 Robbinsdale, MN* $31.84 Fridley, MN* $32.55 Waconia, MN* $39.10 Mahtomedi, MN* $44.70 $0.00$14.00$28.00$42.00$56.00$70.00 TYPICAL MONTHLY RESIDENTIAL WASTEWATER UTILITY BILL ($) Copyright 2016 © AE2S - All Rights Reserved The Financial Link