HomeMy WebLinkAboutJanuary 03, 2017
RESOLUTION 7823
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA
AUTHORIZING THE CITY TO ACCEPT A METROPOLITAN COUNCIL LOCAL PLANNING
ASSISTANCE PROGRAM GRANT FOR THE CITY OF SHAKOPEE DEPARTMENT OF PLANNING
AND DEVELOPMENT
WHEREAS, the City of Shakopee submitted a Local Planning Assistance Program grant
application to the Metropolitan Council to assist with
and
WHEREAS, the City of Shakopee is an eligible city, county, or town in the metropolitan area
as defined in Minnesota Statutes section 4 73 .121; and
WHEREAS, the City has been notified that $32,000 in funding has been recommended by
Metropolitan Council for approval, and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA, that the City of Shakopee accepts the Metropolitan Council Local
Planning Assistance Program grant.
Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota held this
3rd Day of January, 2017.
______________________________
William Mars
Mayor of the City of Shakopee
ATTEST:
___________________________________
Lori Hensen
City Clerk
Grantee:City of ShakopeeGrant No:SG04931-01
.
Grant Amount:$32,000End Date:
December 31, 2019
Council’s Authorized Agent:
LisaBeth Barajas
METROPOLITAN COUNCIL
LOCAL PLANNING ASSISTANCE PROGRAM
GRANTAGREEMENT
THIS GRANTAGREEMENT
is made and entered into by the Metropolitan Council (“Council”) and
the metropolitan-area governmental unit identified above as the “Grantee.”
WHEREAS
,Minnesota Statutes section 473.867authorizesthe Council to establish a planning assis-
tance fund for the purpose of making grants and loansto local governmental units to help local gov-
ernmental units in the seven-county metropolitan area conduct and implement comprehensive plan-
ning activities, including the “decennial” review of local comprehensive plans and fiscal devices and
official controls as required by section 473.864, subdivision 2; and
WHEREAS
,on May 25, 2015,and on April 27, 2016, the Council adopted initial and additional need-
based eligibility criteria for awarding availablelocal planning program assistance and established po-
tential grant amounts for eligible grantees to help grantees review and update their comprehensive
plans as required by the “decennial” review provisions of Minnesota Statutes section 473.864, subdi-
vision 2; and
WHEREAS,
on December 10, 2014, the Council authorized an initial transfer of funds to the plan-
ning assistance fund, and on December 9, 2015, the Council authorized an additional transfer of funds
to the total planning assistance fund for grants or loans to local governments under Minnesota Statutes
section 473.867;
WHEREAS
, the Granteeis an eligible city, county,or town in the metropolitan area as defined in
Minnesota Statutes section 473.121, or is an eligiblemetropolitan-area city ortown acting in partnership
with at least 4 other cities or townsand is authorized to submit a joint application and execute this
Agreement on behalf of the partnershipor consortium; and
WHEREAS
,the Granteesubmitted an applicationfor local planning assistancegrantfunds and was
awarded agranttohelpfund eligible comprehensive planning activities identified in the application.
NOW THEREFORE
, in reliance on the representations and statements above and in consideration
of the mutual promises and covenants contained in this Agreement, the Granteeand the Council agree
as follows:
I. DEFINITIONS
1.01Definition of Terms.
For the purposes of this Agreement, the terms defined in this paragraph
have the meanings given them in this paragraph unless otherwise provided or indicated by the context.
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Comprehensive Development Guide
(a)“” means the comprehensive development guide for the
seven-county metropolitan area adopted by the Council pursuant to Minnesota Statutes section
473.145. The Comprehensive Developmentguide includes: Thrive MSP 2040and the Housing
Policy Plan(as amended) adopted by the Council pursuant to Minnesota Statutes section 473.145;
the Master Water Supply Planadopted by the Council pursuant to Minnesota Statutes section
473.1565; and the “metropolitan systems plans” adopted by the Council pursuant to Minnesota
Statutes sections 473.146 and 473.147.
Comprehensive plan
(b)“” means a local comprehensive planupdate required under Minnesota Stat-
utes section 473.864, subdivision 2 thatcomplies with Minnesota Statutes sections 473.858
through 473.865and other applicable laws, including those provisions in section 473.859requir-
inghousing elements and housing implementation programs.
Metropolitan Land Planning Act
(c)“” means the land use planning provisions of Minnesota Statutes
Chapter 473, including Minnesota Statutes section 473.175 and sections 473.851 through 473.871.
Metropolitan system plans
(d)“” means the transportation portion of the Comprehensive Development
Guide, andthe policy plans, and capital budgets for metropolitan wastewater service, transportation,
and regional recreation open space.
II. GRANTFUNDS
2.01GrantAmountand Conditions.
The Council will provide to the Granteethe “GrantAmount”
identified at Page 1of this Agreement which the Granteeshall use for authorized purposes and eligible
activities.The grant funds are made available to the Grantee subject to the following terms and con-
ditions:
Timely Plan Update Submission.
(a)Notwithstanding the December31, 2019“EndDate” identified
on Page 1 of this Agreement, the Grantee must review and updateitscomprehensive plan as re-
quired by Minnesota Statutes section 473.864, subdivision 2, by December 31, 2018.
Consultationwith Council and Adjacent Review.
(b)The Grantee must submit its draft plan update
to adjacent governmental unitsfor a 6-month adjacent review periodas required by Minnesota
Statutes section 473.858, subdivision 2prior tosubmitting the planupdateto the Council for
review.Prior to submitting its draft plan to adjacent units, the Grantee must consult with the Met-
ropolitan Council Sector Representative for its district at least twice to update the Council on plan
progress and potential policy conflicts.
Consultation with Watershed Management Organizations.
(c)The Grantee must ensure local surface
water management planning requirements of Minnesota Statutes sections 473.859, subdivision 2
and 103B.235 are metby the December 31, 2018,deadline.
Completeness; Plan Content.
(d)Thecomprehensive plan submitted by the Grantee must be “com-
plete” as described in the Council’s Local Planning Handbook, which is available onlineat metro-
council.org/handbook.aspx, and must comply with the plan content requirements of Minnesota Stat-
utes section 473.859 and other applicable law.If the plan is not complete as described in the Local
Planning Handbook, the plan must be made complete within three (3) months of the incompleteness
determination, or as otherwise mutually agreed to by the Council and the Grantee.
Conformance to Metropolitan System Plans and Policy
(e)The comprehensive plan submitted
by the Granteemust conform to metropolitan system plansof the Council.The comprehensive
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plan is deemed to comply with this condition if the Council concludes after its review that the
plan is not likely to have a substantial impact on or contain a substantial departure from metro-
politan system plans and allows the plan to go into effect without a plan modification.
Consistency and Compatibility.
(f)The comprehensive plan update submitted by the Grantee must
be consistent with the adopted policies of the Council, including housing policy. In addition, the
comprehensive plan must also be compatible with the plans of adjacent and affected jurisdictions.
2.02Disbursement Schedule.
The Council will disburse fifty percent (50%) of the Grant Amount
to the Grantee within thirty (30) days after final executionof this Agreement. The Council will dis-
burse the remaining fifty percent (50%) of the Grant Amount after:
(a)the Grantee has submitted, as appropriate, either (i)the entire current comprehensive plan and the
certification required under Minnesota Statutessection 473.864, subdivision 2(a); or (ii)submitted
the entire updated comprehensive plan and amendment or amendments to its comprehensiveplan
necessitated by its review to the Council for review; and
(b)the Council has reviewed and acted upon the Grantee’s submission; and
(c)the Grantee has complied with the terms and conditions stated in Paragraph 2.01.
2.03Authorized Use of Funds.
The grant funds provided to the Granteeunder this Agreement shall
be used only for the purposes and eligible activities described in the Grantee’s work plan and budget
as approved by the Council. A copy of the Grantee’s approved work plan and budget is attached to
and incorporated into this Agreement as Attachment A. Eligible activities include, but are not limited
to, staff pay, consultant and professionalservices, printing,and publishing. Grantfunds may not be
used for per diem payments to appointed or elected board or commission members. Grantfunds also
may not be used to purchase or acquire equipment or other tangible, nonexpendable personal property,
or for activities inconsistent with the Council’s Comprehensive Development Guide, the Metropolitan
Land Planning Act, Minnesota’s Critical Areas Act,or otherapplicable state laws. The Granteeagrees
to promptly remit to the Council any unspent grantfunds and any grantfundsthat are not used for the
authorized purposes specified in this paragraph.
III. REPORTING, ACCOUNTING,AND AUDIT REQUIREMENTS
3.01Progress Reports.
The Granteewill provide to the Grantee’s assigned Sector Representativea
written midpoint progress report and a written final progress report describing the status of the work
plan activities described in Attachment A. These reports ensure the grant funds are appropriately
expended as described in the work plan and budget. The reports shall be subject to the following
content and schedule requirements.
Midpoint Progress Report
(a). At approximately the midpoint of the Grantee’s work plan activities,
the Granteemust submit to the Council a written midpoint progress report which includes: a sum-
mary of the work plan activities completed;a summary of work plan activities to be accomplished
during the remaining months of the work planwith associated anticipated completion dates; and
a summary of unanticipated issues and opportunities that affect the work plan,time schedule for
project completion, or budget. The midpoint progress report also must include a summary of pro-
ject costs and sources of funds for those expenditures, and a list of itemized expendituresof funds
receivedfrom the Council and matchingfundsby category in the budget.
Final Progress Report
(b). Upon completion of the work plan activities described in AttachmentA,
the Granteemust submit to the Council a written final progress report which includes: a summary
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of the work plan activities completed since the submission of the midpoint progress report; a
summary of project outcomes, total project costs and sources of funds for those expendituresin-
cluding both this grant,city funds, and other sources of funds; and a list of itemized expenditures
of the grant funds.
3.02Accounting and Records.
The Granteeagrees to establish and maintain accurate and complete
accounts, financial records,and supporting documents relating to the receipt and expenditure of the
grant funds. Notwithstanding the expiration and termination provisions of Paragraphs4.01 and 4.02,
such accounts and records shall be kept and maintained by the Granteefor a period of six (6) years
following the completion of the work plan activities described in Attachment A. If any litigation,
claim or audit is started before the expiration of the three-year period, the records shall be retained
until all litigation, claims,or audit findings involving the records have been resolved or until the end
of the regular six-year period, whichever is later.
3.03Audits.
The books, records, documents,and accounting procedures and practices of the Grantee
that are relevant to this Agreement are subject to examination by the Council and either the Legislative
Auditor or the State Auditor, as appropriate, for a minimum of six (6) yearsfollowing the completion
of the work plan activities described in Attachment A.
3.04Authorized Agent.
The Council’s authorized agent for purposes of administering this Agree-
ment is the individual identified on page 1 of this Agreement, or another designated Council em-
ployee. Written reportssubmitted to the Council should be directed to the attention of the authorized
agent at the following address:
Metropolitan Council
Community Development Division
390 Robert StreetNorth
Saint Paul, Minnesota 55101-1805
IV. GRANTAGREEMENT TERM
4.01Term and End Date.
This Agreement is effective upon executionof the Agreement by the
Council. Unless terminated pursuant to Paragraph 4.02 or extended by written agreement pursuant to
Paragraph 4.03, this Agreement will expire on the “End Date” identified at Page 1 of this Agreement.
The term of this Agreement maybe extended by written agreement of the Council, but only in conjunc-
tion with an extension authorized under Minnesota Statutes section 473.864, subdivision 2.
4.02Termination.
This Agreement may be terminated by the Council for cause at any time upon
fourteen (14) calendar days’ written notice to the Grantee. Cause shall mean a material breach of this
Agreement and any amendments of this Agreement. Termination of this Agreement does not alter the
Council’s authority to recover funds on the basis of a later audit or other review, and does not alter
the Grantee’s obligation to return any funds due to the Council as a result of later audits or corrections.
If the Council determines the Granteehas failed to comply with the terms and conditionsof this
Agreement, the Council may take any action to protect its interests and may require the Granteeto
return all or part of the funds.
4.03Amendment.
The Council and the Granteemay amend this Agreement by written mutual con-
sent. Amendments, changes,or modifications to the Grantee’s approved work plan and budget shall
be effective only on the execution of written amendments signed by authorized representatives of the
Council and the Grantee.
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V. GENERAL PROVISIONS
5.01Conflict of Interest.
The members, officers,and employees of the Granteeshall comply with
all applicable federal and state statutory and regulatory conflict of interest laws and provisions.
5.02Liability.
To the fullest extent permitted by law, the Granteeshall defend, indemnify and hold
harmless the Council and its members, employees and agents from and against all claims, damages,
losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from the
conduct or implementation of the funded work plan activities. This obligation shall not be construed
to negate, abridge,or otherwise reduce any other right or obligation of indemnity which otherwise
would exist between the Council and the Grantee. The provisions of this paragraph shall survive the
expiration or termination of this Agreement. This indemnification shall not be construed as a waiver
on the part of either the Granteeor the Council of any immunities or limits on liability provided by
Minnesota Statutes Chapter 466, or other applicable state or federal law.
5.03Compliance with Law.
The Granteeagrees to conduct the work plan activities in compliance
with all applicable provisions of federal, state,and local laws.
5.04Acknowledgment.
The Granteeshall appropriately acknowledge the funding assistance pro-
vided by the Council in promotional materials, reports, publications,and notices relating to the project
activities funded under this Agreement.
5.05Warranty of Legal Capacity.
The individual signing this Agreement on behalf of the Grantee
represents and warrants that the individual is duly authorized to execute this Agreement and that this
Agreement constitutes the Grantee’s valid, binding,and enforceable agreements.
IN WITNESS WHEREOF
, the Granteeand the Council have caused this Agreement to be executed
by their duly authorized representatives. This Agreement is effective on the date of final execution
by the Council.
METROPOLITAN COUNCILGRANTEE
By:By:
Beth Reetz, Director William Mars, Mayor
Community Development DivisionCity of Shakopee
Date:Date:
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ATTACHMENTA
Grantee’s Work Plan and Budget
This Attachment A comprises this page and the Grantee’s work plan and budget as approved by the
Council.
N:\\CommDev\\LPA\\Planning Assistance Fund\\Planning Grants\\2018 Grants\\Administration\\Grant Agreements\\Shakopee\\Shakopee_2016_GrantAgreement.docx10/26/16
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th
December 7, 2016
Dear Tree Service:
The City of Shakopee is requesting written quotes for the service of street tree pruning. Trees
to be pruned will vary in age from newly planted to mature and will be within City right-of-way.
This service contract will be viable from January 3 rd December 31 st, 2017. A minimum of 75%
of the work must be completed before August 31 st (no pruning is allowed between March 15 th
and June 30 th). The proposed expenditure for this contract is $90,000.
Enclosed you will find an official quote form, specifications of contract, insurance requirements,
and a map of the area to be pruned.
Quotes are to be based on an hourly rate per crewmember and all required equipment per
crew (consisting of 3-4 members) - which includes all tools (i.e. chain saws, pole saws, ropes,
loppers, etc.), one chipper-truck combination or clam truck and one aerial lift truck, reaching a
quote price. For quoting purposes, disposal of
disposing at alternative sites. The final decision on where disposal takes place shall be decided
by the City. Public Works
yard, from which your crew(s) may be mobilized.
Pruning may only be performed by an ISA Certified Arborist or Master Arborist. Pruning
standards will adhere to the American National Standards Institute (ANSI) standard for tree
pruning (ANSI A300), Safety Requirements (ANSI Z133.1) and the specifications in this contract.
I will need to receive your written quote (regular mail or email) on the enclosed City Quote
Form no later than noon on December 20th, 2016. If you have any questions, please feel free
to call or email me at (952) 233-9371 or jbusiahn@shakopeemn.gov.
Sincerely,
Jacob Busiahn
Natural Resources Technician
City of Shakopee
CITY OF SHAKOPEE
QUOTE REQUEST FORMS & SPECIFICATIONS
FOR
2017 PRUNING OF STREET TREES
INDEX
1.Official Quote Form for Street Tree Pruning
2.Instructions for Submitting Quote
3.Tree Pruning Objectives and Specifications
4.Insurance Certificate-Contract
5.Appendix A Tree Pruning Examples and Specifications
6.Appendix B Agreement between City of Shakopee and Contractor
7.Map of Area with Trees to Be Pruned
8.Spreadsheet of Trees to Be Pruned
CITY OF SHAKOPEE
FOR 2016 STREET TREE PRUNING
OFFICIAL QUOTE FORM
Quote Price as specified in PREPERATION OF QUOTES on page 1
Total price for specified crew $__________ ÷ number of crewmembers per crew________ =
Quote Amount per Working Hour$_________
Number of crewmembers per crew Number of Certified Arborists per crew
List Certified Arborists to work on this contract:
Name Cert. Number Expiration Years
Date Certified
Attach additional sheet if needed.
List main contact for this contract:
Name Cell Phone Office Phone Email
Large Equipment to be used: ______________________________________________________
References from two municipal pruning contracts of similar scope within last 5 years:
City Contact Name Phone Number
Quote Information:
Date of Quote Contractor Address Owner/President
Contractor Name Authorizing Signature
Contractor is (check one): Individual____ Partnership____ Corporation__
INSTRUCTIONS FOR SUBMITTING A QUOTE
CONTRACTOR
Contractors should visit the work site to ascertain by inspection pertinent local conditions
such as locations, character and accessibility of the site, availability of facilities, location and
character of existing work within or adjacent thereto, labor conditions, etc.
PREPARATION OF QUOTES.
1)Quote Amount per Working Hour = hourly rate per crewmember + required
equipment for crew (see below).
(a)A crew shall consist of 3-4 members, all tools (i.e. chain saws, pole saws,
ropes, loppers, etc.), one chipper-truck combination or clam truck and one
quote price.
(b)If the contractor quotes 3 crewmembers on the Official Quote Form and
chooses to use 4 at times (or vice versa), this is acceptable. The Quote
Amount per Working Hour will be used for each crewmember present and
working.
(c)
Works yard if resulting in a lower quote price than disposing at alternative
sites. The final decision on where disposal takes place shall be decided by the
Public Works yard, from which your crew(s) may be mobilized. A working
hour is considered one hour of pruning operations meeting the specifications
of this document, drive time to the site is not included.
2)Quotes shall be submitted on the forms provided or copies thereof, and must be
signed by the contractor or his authorized representative. Any corrections to entries
made on quote forms should be initialed by the person signing the quote. A mailed
or emailed copy will suffice.
3)Alternate quotes will not be considered unless specifically called for.
4)The quote submitted shall take into account all specifications and requirements
found within the quote request.
SUBMISSION OF QUOTES.
Quotes shall be submitted no later than . Quotes received
noon on December 20th, 2016
after this time shall not be taken into consideration.
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STREET TREE PRUNING OBJECTIVES AND
SPECIFICATIONS
Pruning standards shall adhere to the American National Standards Institute (ANSI) standard for
tree pruning (ANSI A300), Safety Requirements (ANSI Z133.1) and the specifications in this
contract.
Refer to Appendix A for examples for pruning required.
All trees within the street right-of-way in the assigned area shall be pruned to meet the
specifications below with the exception of ash trees (Fraxinus spp.) meeting one or more of the
following criteria or identified on the final tree data/map given:
1.
2.Having a significant structural defect or wound
3.In general being a poorly conditioned tree
4.Otherwise identified by the Natural Resources Technician not to be pruned.
Ash trees meeting this criteria are only to be pruned for clearance and hazard mitigation.
Pruning Objectives All Trees
1.Although aesthetics is a concern, the appearance of the trees is secondary to structural and
clearance concerns-the two greatest structural concerns are codominant stems and larger
branches with bark inclusions/weak attachments low in the canopy.
2.-
3.Keep limbs -in diameter) to reduce wound size when removed.
4.Using reduction cuts, prevent all branches from growing larger than ½ the trunk diameter.
5.Has one dominate leader a minimum 2/3 up into the canopy at maturity.
6.Space scaffold limbs appropriately to avoid branch clustering.
7.Roughly 80%-90% of cuts performed should be reduction cuts, not removal cuts.
8.Arborist should make the majority of cuts on the 2-3 largest, most defective branches.
9.If reduction cuts are made on a temporary branch to suppress growth-50% or more of the
branch tissue should be removed.
10.Some trees will have structural defects which are beyond the point of correction (i.e.
codominant leaders which upon removal would result in an unacceptably large pruning
wound), in this case the arborist shall focus on the worst defects, attempting to reduce the
likelihood of limb/tree failure.
Pruning Specifications All Trees
1.Unless there is a high risk of branch failure or other strong justification, removal cuts on the
main trunk larger than four inches or on branches exceeding ½ the trunk diameter should
not be made.
2.Clearance pruning shall be performed to an estimated height which gives 14 feet of
clearance over streets and 8 feet of clearance over sidewalks for the next 6 years.
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3.Maintain a live crown ratio of greater that 50% at all times
4.Remove or subordinate branches with weak attachments (bark inclusions).
5.The presence of any disease condition, decayed trunk or branches, split crotches or
branches, or other structural weakness should be reported in writing to the Natural
Resources Technician.
6.A thorough clean-up job is expected, i.e., leave the site in as clean of condition as it was
before the trimming. The decision of the Natural Resources Technician or Public Works
Supervisor is final.
7.Contractors will use correct safety procedures including traffic cones, signs and/or
barricades, safety hard hats, and ear and eye protection.
8.If a parked vehicle is within an area in which a branch may fall on it, the contractor is
responsible for having the vehicle moved. If a vehicle cannot be moved, the contractor will
move on to the next tree on the list leaving a written note asking that the vehicle be moved
on the following day.
9.No climbing spurs or spikes are to be used.
10.Any damage to property, including signs, mailboxes, light fixtures, sod, etc., will be the sole
responsibility of the contractor to repair and/or replace. The repair shall be equal to the
condition prior to the accident.
11.
responsibility to have dropped or otherwise appropriately handled.
12.All trimmings or other forms of debris resulting from this project shall be cleaned up and
removed from the site by the Contractor on the day the debris is generated.
13.Work within the street right-of-way is allowed only Monday through Friday from 7:30 a.m.
to 5:00 p.m.
Pruning Objectives - Young TDBH or less)
Order based on priority.
1.Create or maintain a dominate leader.
2.On a large statured street tree it is the intent that no limbs below 15 remain permanently.
Keep all
3.Begin raising canopy height for clearance of street and sidewalk .
Pruning Specifications - Young T or less)
1.Establish or maintain a dominant leader by subordinating or removing all but one co-
dominant stem (may need to be done in two stages if there are more than three leaders).
2.Do not remove more than 15% of the live canopy on trees planted within the last year-only
prune to remove major structural defects. On established trees not more than 30% of live
canopy shall be removed with the exception of vigorous elms and hackberry where no more
than 40% may be removed.
3.Shorten or remove low vigorous branches to improve clearance.
4.To promote trunk growth-if small live branches (1/2
if needed, but do not remove.
5.Clean the canopy of all dead, broken, and rubbing branches
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Pruning Objectives Medium Aged Trees
1.Create/maintain a dominate leader and otherwise promote strong tree structure.
2.Remove or reduce limbs with structural defects such as bark inclusions.
3.
Keep branchean 2
their removal.
4.Appropriately place scaffold limbs along trunk avoiding clustering.
5.Keep all branches less than ½ the trunk diameter.
6.Reduction cuts should be removing 50%-75% of the live buds on the branch being reduced.
Pruning Specifications Medium Aged Trees
1.-
clustering.
2.Shorten or remove all branches below permanent canopy while maintaining a minimum
50% live crown ratio.
3.Do not remove more than 30% live canopy with the exception of vigorous elms and
hackberry where no more than 40% may be removed.
4.Reduce side branches which are greater than ½ the trunk diameter.
5.Clean the canopy of dead, broken, and rubbing branches
6.Address clearance issues (14 feet over street, 8 feet over sidewalk)
Pruning Objectives - Mature Trees
1.Reduce the likelihood of tree failure by targeting structural defects such as lower limbs
which are growing into the canopy, limbs with weak branch attachments, etc.
2.Clean canopy by removing dead, diseased, rubbing and broken branches.
Pruning Specifications Mature Trees
1.Weight on main scaffold limbs with included bark shall be reduced by approximately one-
third by removing some secondary branches toward the ends of the limbs and/or by
removing the end of the branch using a reduction cut.
2.Clean the canopy of dead, broken, and rubbing branches
3.Address clearance issues (14 feet over street, 8 feet over sidewalk)
Pruning Specifications Trees Outside of Right-of-Way
1.Trees outside of the right-of-way shall only be pruned to meet minimum street/sidewalk
clearance requirements. No additional pruning shall be done.
Species Pruning Restrictions
st
1.Oaks may only be pruned November 1st-March 31.
th
2.Ash may only be pruned October 1st-April 30.
th
3.Elms may only be pruned October 1st-April 15.
th
4.Apple, hawthorn, mountain ash may only be pruned February 1st-April 15.
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5.Species affected by black knot and cankers shall not be pruned during warm, wet periods of
the year (i.e. spring).
6.There may be a slight variation of these dates based on weather conditions.
ADDITIONAL CONTRACT SPECIFICATIONS
1.TECHNICAL PROVISIONS
All Arborists working on this contract must read and understand the listed STREET TREE
PRUNING OBJECTIVES ANDSPECIFICATIONS listed above.
The Natural Resources Technician will meet with the crew before work commences to
answer any questions regarding pruning specifications. The contractor shall then prune one
block segment and request an inspection to assure expectations are being met. The
contractor will then proceed with work subject to random inspection by City staff.
Pruning may only be performed by an ISA Certified Arborist or Master Arborist.
On average not more than 6.0 working minutes per tree diameter inch may be billed on an
invoice.
the invoice.
st
A minimum of 75% of the total work for the contract must be completed before August 31,
st
2017-any remaining must be completed before December 31, 2017. No pruning may take
thth
place between the time of March 15 and June 30.
Notification to City residents is required a minimum 24 hours in advance for a tree being
pruned in front of their home. A digital copy of this notification will be provided to the
contractor by the City.
The main contact for the project (foreman) shall contact the Natural Resources Technician
at the start and stop of pruning work each day-this shall be through email or text message.
Work performed will be invoiced monthly by the contractor. The invoice shall include a daily
breakdown of trees pruned (locations, ID# DBH), total hours worked, number of
crewmembers, and equipment used. Upon satisfactory inspection of the pruning job by the
Natural Resources Technician, said invoice will be approved by the City Council on the 1 st or
3 rd Tuesday of each month, whereupon a check will be issued to the contractor by mail.
No subcontractors are allowed, only your crews.
The trees to be pruned will be designated by the City of Shakopee. Address and map of
trees will be provided to the awarded contractor to facilitate locating trees. The contractor
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s digital street tree inventory (requires a
mobile device with internet connection) or PDFs of maps showing trees in need of pruning.
A private property owner may, at his/her own expense, have other work performed on
his/her property through a separate agreement, solicited, negotiated and performed
outside of this agreement/contract. Such work shall be separate and independent of this
tree pruning agreement.
All labor, equipment and materials necessary for pruning of street trees shall be provided by
the contractor, the costs of which shall be included in the quote.
The Contractor and his employees must maintain a professional appearance and a polite
and helpful attitude towards the public at all times.
The contractor will be required to adhere to all specifications and standards; continuous
inspections will be made. Failure to properly perform work will be considered just cause to
terminate the contract and assign any further work to the next qualified lowest quote.
2.ASSIGNMENT OF CONTRACT
It is the intent of the City to award an agreement for street tree pruning in the City as set
forth on the attached maps and proposal form. The City also reserves the right to enter into
agreement with the second, third and successive lowest quote submission. The lowest
responsible quote submission, however, will receive the first and all available work within
the area to the extent that he demonstrates the ability to fully perform, including
compliance with the provisions of this specification.
The lowest quote shall be determined by the Quote Amount per Working Hour, submitted
on the Official Quote Form. The award of the contract will be made in the best interest of
the City. It shall be based on but not limited to the following factors:
Quote Amount per Working Hour.
1.
Meeting all listed requirements.
2.
Contractor qualifications.
3.
Has the appropriate technical experience.
4.
Whether the contractor involved has previously failed to perform properly or to
5.
complete on time contracts of a similar nature.
Has habitually and without just cause neglected the payment of bills or otherwise
6.
disregarded obligations to subcontractors, material, men or employees.
Whether the contractor involved maintains a permanent place of business.
7.
Has adequate personnel and equipment available to do the work properly and
8.
expeditiously.
Has suitable financial resources to meet the obligations incidental to the work.
9.
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Page 6 of
All of the foregoing is in the sole judgment of the City.
Following the award, agreement forms will be forwarded to the successful contractor. They
shall execute the contract within 10 days of receipt and deliver it along with the appropriate
certificates; certificate of insurance and the contract items to the City in accordance with
these specifications.
No portion of the Agreement shall be sublet, assigned, or otherwise disposed of except with
the written consent of the City. Requests for permission to sublet, assign, or otherwise
dispose of any portion of the agreement shall be in writing. Written consent to sublet,
assign, or otherwise dispose of any portion of the Agreement shall not be construed to
relieve the Contractor of any responsibility for the fulfillment of the Agreement.
The Contract shall be awarded a contractor as soon as practicable after
December 20th,
.
2016
CONTRACT PERIOD
3.
The Agreement shall commence from the dates of January 3 rd December 31 st, unless
terminated sooner in accordance with the provisions contained herein.
QUANTITIES OF WORK
4.
This Contract is for the amount of $90,000. Once the contractor has completed $90,000
worth of work meeting these specifications the contract will cease.
The City reserves the absolute right to increase or decrease the quantity or work originally
estimated in the Agreement. Regardless of the final scope of the Agreement, payment to
the Contractor will be made on the basis of unit prices as stated in the proposal along with
adjustments referred to herein.
BASIS OF PAYMENT
5.
The completed number of working hours (pruned to meet specifications) and the quote
amount per working hour shall be used as a basis for computing payment. Example: Quote
amount per working hour * number crew members working * hours worked = payment.
On average not more than 6.0 working minutes per tree diameter inch may be billed on an
invoice. This will be verifie
invoice.
A submitted pay request for completed work is due before the 1 st of the month and will be
paid within 30 days of submission. Payment of invoice in total shall be made after
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Page 7 of
satisfactory completion and acceptance of the work on that pay request. Payment will be
made in accordance with the Official Quote Form.
INSURANCE
6.
All organization and individuals working in City of Shakopee Right-Of-Way and/or Easement
areas are required to and shall provide a Certificate of Insurance verifying that insurance
meets the following requirements is current and active.
`
Commercial general liability (CGL) insurance, with a limit of not less than
$1,000,000 each occurrence. If such CGL insurance contains an annual aggregate
limit, the annual aggregate limit shall be not less than $2,000,000.
The CGL insurance shall cover liability arising from premises, and operations;
independent contractors; products and completed operations; personal and
advertising injury contractually assumed liability.
the Umbrella/Excess insurance if any. The Certificate of Insurance must specifically verify
that the contractor is insured against claims for personal and bodily inquiry including death,
as well as claims for property damage arising out of the (i) use and occupancy of the right-
of-way by the contractor, its officers, agents, employees and permittees, and (ii) placement
and use of facilities and equipment in the right-of-way by the contractor, its officers, agents,
employees and permittees, including but not limited to, protection against liability arising
from completed operations, damage of underground facilities and collapse of property.
The registrant shall maintain automobile liability insurance with a limit of not less than
$2,000,000 combined single limit. The insurance shall cover liability arising out of any auto,
including owned, hired, and non-owned vehicles.
The C
statutory requirements of the State of Minnesota or provide evidence of the qualification as
a self-
ins
$500,000 Bodily injury by Disease per employee
$500,000 Bodily injury by Disease aggregate
$500,000 Bodily injury by Accident
An Umbrella or Excess Liability insurance policy may be used to supplement the
-form basis to satisfy the minimum policy limits.
-contributory to any other valid and
collectible insurance available to the City.
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Page 8 of
The C
require that the City be notified thirty (30) days in advance of cancellation of the policy or
material modification of a coverage term.
REJECTION OF QUOTE SUBMISSIONS.
7.
The City reserves the right to reject any and all quote submissions.
ASSIGNMENT OF WORK
8.
At the time or award of the contract, the City will assign work to the Contractor Providing a
final map and spreadsheet of trees to be pruned.
The Contractor shall contact the Natural Resources Technician weekly between the hours of
8:00 a.m. and 4:30 p.m. for the purpose of securing new work, submitting progress reports
shall be adhered to until discontinued by the Natural Resources Technician.
CONTRACT.
9.
The contractor to whom the award is made shall enter into a written contract with the City
within the time specified in the proposal.
SUPERVISION
10.
The project is to be completed under the direction of the Natural Resources Technician or
Public Works Supervisor, and all material used and the method of performing the work
shall, at all times, be subject to his review. He shall have the authority to decide questions
which arise as to quality and acceptability of materials furnished and work performed.
11.
The Contractor shall furnish all necessary machinery, tools, labor and material required, and
shall fully complete the work in accordance with the Agreement.
he is to assume the responsibility for all damages to the work or to the entire project until
its completion and acceptance. It shall be his responsibility to maintain all stages of work in
a safe and suitable condition at all times, including nights, weekends, and holidays. The
Contractor shall make observations of his work during such periods as are necessary to
ensure proper performance thereof. The Contractor shall designate one person who shall
have charge of the job and to whom the Natural Resources Technician shall give directions.
18
Page 9 of
Precautions shall be exercised at all times for the protection of persons (including
employees) and property. The safety provisions of applicable laws shall be observed.
PROTECTION OF THE WORK
12.
Where the work is carried on in, or adjacent to, any street, alley or public place, the
contractor shall at his own expense furnish and erect such barricades, fences, light and
danger signals and shall provide such flagmen and shall take such other precautionary
measures for the protection of persons and property, and of the work, as are necessary.
When a detour is necessary, because a street is blocked by the work, the City Engineer or
Designee shall approve the detour route and the Contractor shall furnish and post detour
signs to type and sizes as required by the City, at places designated by said City Engineer or
Designee.
PROTECTION AND RESTORATION OF PROPERTY
13.
The Contractor shall not enter upon private property without having previously obtained
permission from the Owner. The Contractor shall be responsible for the preservation of,
and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns,
fences, culverts, bridges, pavement, driveways, sidewalks, etc.; all water, sewer and gas
lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or
private property along or adjacent to the work. Any adjacent shrubs, trees or other growth
receiving or sustaining breakage, injury or other damage during the pruning project shall be
given remedial or corrective treatment and clean-up.
The Contractor shall notify the proper representatives of any public utility, corporation and
company or individual, not less than forty-eight hours in advance of any work which might
damage or interfere with the operation of their or his property along or adjacent to the
work.
The Contractor shall be responsible for all damages or injury to property of any character
resulting from any act, omission, neglect or misconduct in the manner of method of
executing the work, or due to non-execution of the work, or at any time due to defective
work or materials.
The Contractor shall restore, or have restored at his own expense, such property to a
condition similar or equal to that existing before such damage or injury was done, by
repairing, rebuilding, or otherwise restoring as may be directed, or shall make good such
damage from injury in a manner acceptable to the Owner and the City.
In case of failure on the part of the Contractor to restore such property to make good such
damage or injury, the City may give written notice under ordinary circumstances and
without notice when a nuisance or hazardous condition results, proceed to repair, rebuild
18
Page 10 of
or otherwise restore such property as may be determined necessary, and the cost thereof
will be deducted from any monies due to the Contractor under this Agreement and if not so
deducted, the Contractor will be obligated to forthwith reimburse the City for the cost
thereof.
The City shall be indemnified and saved harmless from any suit or expense claim brought
for or on account of any damage, maintenance, removal and/or replacement or relocation
of mains, conduits, pipes, poles, wires, cables or such other structures of private utility firms
or corporations, whether underground or overhead, that may be caused or required by the
Contractor during the time the work is in progress.
PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS AND RIGHT-OF-WAY
14.
For the performance of the Agreement, the Contractor will be required to be permitted to
occupy such portions of streets or alleys, or other public places, or other right-of-ways, as
permitted by the City, and with proper traffic warnings and controls, IAW MN MUTCD
Manual (2014) and City policies.
Where the work encroaches upon any right-of-way of any railway or State or County
Highway, the Contractor shall observe all the regulations and instructions of the railway
company and State or County Highway Department as to methods of doing the work, or
precautions for safety of property and the public. All negotiations with the railway
company and State or County Highway Department shall be made by the Contractor at
his/her own expense.
NOISE ELIMINATION
15.
The Contractor shall eliminate noise to as great an extent as possible at all times. The
exhausts of all gasoline motors and other power equipment shall be provided with mufflers
in accordance with current government regulations.
DELAYS
16.
The Contractor herewith specifically waives claims for damages for any hindrance or delay.
causes for extension of time.
The Contractor must perform at a productive rate of tree pruning and must maintain the
ability to perform at that level throughout the effective period of the contract.
Failure to meet these requirements shall be basis for executing the penalty provision of this
Agreement; rejection of quote submission or forfeiture of Agreement.
COMPLETION OF CONTRACT AND INSPECITON
17.
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Page 11 of
After completing the work as detailed in the Agreement, the Contractor shall immediately
submit to the Natural Resources Technician in writing a billing for the work order amount as
a notice of completion of the project.
The Natural Resources Technician or his representative will make final inspection of all work
included in the work order as soon as practicable after notification by the Contractor that
such work is completed.
If such work is not acceptable at the time of inspection, the Contractor will be notified in
writing as to the particular defects to be remedied before such work can be accepted. If,
within a period of three working days after such notification, the Contractor has not taken
steps to promptly complete the work as directed, the City may without further notice and
without in any way impairing the Agreement, make such other arrangements as may be
deemed necessary to have such work completed in a satisfactory manner. The cost of
completing such work shall be deducted from any monies due, or which may become due
the Contractor on the Agreement.
If the contractor claims that any instructions, latent conditions or otherwise, involves extra
cost under this Agreement, a claim for the extra cost must be submitted in writing within
ten days after such obstruction or observance of conditions, and in any event, before
proceeding to execute this work, except in an emergency endangering life or property, the
procedure shall then be as provided for changes in the work. Claims made after this time,
or not made in writing will be refused and no claim shall be valid unless so made.
FAILURE TO COMPLETE WORK ON TIME
18.
Should the contractor fail to complete the work on or before the original date set forth for
completion in the work order, the City may permit the Contractor to proceed, and in such
case there shall be deducted from any monies due or that may become due the Contractor
ten percent (10%) of the unit price for each hour on that work order. This sum shall be
considered and treated, not as a penalty, but as liquidated damages.
Permitting the Contractor to continue and finish the work or any part of it after the time
fixed for its completion, or after the date to which the time of completion may have been
extended, shall in no way operate as a waiver on the part of the City of any of its rights
under the Agreement. Neither by the taking over of the work by the City, nor by the
termination of the Agreement, shall the City forfeit the right to recover liquidated damages
from the Contractor.
If the Contractor should neglect to proceed with the work properly, or fail to perform any
provisions of the Agreement, the City, after written notice to the Contractor, may without
prejudice to any other remedy the City may have, make good such deficiencies and may
deduct the cost thereof from the payment then or thereafter due to Contractor.
18
Page 12 of
DEDUCTIONS
19.
The City may withhold from payment to the Contractor such an amount or amounts as may
be necessary to cover:
a.Defective work not remedied.
b.Claims for labor or materials furnished the Contractor or subcontractor, or
reasonable evidence indicating probable filing of.
c.Failure of the Contractor to make payments properly to subcontractors for material
or labor furnished by others.
d.A reasonable doubt that the Contract can be completed for the balance then unpaid.
e.Evidence of damage to private property.
FORFEITURE OF CONTRACT
20.
If at any time the Natural Resources Technician is of the opinion that the work is
unnecessarily delayed, or is of poor quality and will therefore not be finished within the
prescribed time or standard, he shall notify the Contractor, in writing, to that effect. If the
Contractor does not take such measures as will, in the judgment of the Natural Resources
Technician, insure the satisfactory completion of the work, the Natural Resources
Technician may then notify the said contractor to discontinue all work under the Agreement
for this project, and the Contractor shall immediately respect such notice and stop work,
and cease to have any rights to the possession of the grounds.
The City may thereupon re-let the Agreement or employ such forces as deemed advisable
to complete the work, and charge the cost of all labor and materials necessary for such
completion to the Contractor, and the amount so charged shall thereafter become due to
the Contractor under and by virtue of the Contract for this improvement.
In case such amount so paid by the City is less than the sum which would have been payable
to the Contractor if the Agreement had been fulfilled by him, then said Contractor shall be
entitled to receive the full difference and in case such amount is greater, the said
Contractor shall pay to the City the amount of such excess so due.
If the Contractor shall assign the Agreement for this improvement without the written
consent above required, or shall abandon the work thereon, or shall neglect or refuse to
comply with these specifications and the instructions of the Natural Resources Technician
relative thereto and with the ordinances of the City, the City shall have the right to annul
and cancel said Agreement and to re-let the work, or any part thereof, and such annulment
shall not entitle the Contractor to any claim for damages on account thereof, nor shall it
affect the right of the City to recover damages which may arise from such failure.
DISCRIMINATION ON ACCOUNT OF RACE, CREED, OR COLOR PROHIBITED.
21.
18
Page 13 of
county, city, borough, town, township, school, school district, or any other district in the
State, for materials, supplies or construction shall contain provisions by which the
Contractor agrees:
1.That, in hiring of common or skilled labor for the performance of any work under
any contract, or any subcontract hereunder, no contractor, material supplier or
vendor, shall, by reason of race, creed or color, discriminate against the person or
persons who are citizens of the United States who are qualified and available to
perform the work to which such employment relates:
2.That no contractor, material supplier, or vendor shall, in any manner discriminate
against, or intimidate, or prevent the employment of any such person or persons, or
on being hired, prevent, or conspire to prevent any such person or persons from the
performance of work under any contract on account of race, creed or color;
3.That this contract may be canceled or terminated by the City, or any other person
authorized to grant contracts for such employment, and all money due, or to
become due hereunder may be forfeited for a second or any subsequent violation of
the terms or conditions of this contract (Section 18.022-023 Minnesota Statutes)
INDEMNIFICATION
22.
The Contractor shall indemnify and hold harmless the City and its agents and employees
from and against all claims, damages, losses and expenses, including but not limited to
bodily injury, including death at any time resulting therefrom, sustained by any person or
persons or on account of damage to property, including loss of use thereof, in consequence
of the performance of the work by the Contractor, his employees, agents or subcontractors.
18
Page 14 of
Appendix A.
Examples of pruning required:
Dotted lines represent branches removed.
Links below provide additional information on pruning required.
Young trees - http://hort.ifas.ufl.edu/woody/documents/ch_12_mw04.pdf
Mature trees - http://hort.ifas.ufl.edu/woody/documents/ch_13_mw06.pdf
18
Page 15 of
18
Page 16 of
Examples of pruning cuts required:
18
Page 17 of
In reduction cuts (removing a larger trunk/parent branch back to a smaller side branch), the side branch
must be at least one-third the diameter of the trunk/parent branch removed. If the side branch is less
than one-third the trunk diameter, it is a heading cut. Heading cuts are not acceptable in pruning
standards. Reduction cuts should be removing 50%-75% of the live buds on a temporary branch being
reduced.
18
Page 18 of
Appendix B.
AGREEMENT BETWEEN CITY OF SHAKOPEE AND CONTRACTOR
FOR 2017 STREET TREE PRUNING
______________________ (Contractor) agrees to perform work in accordance with the above
standards and specifications for $_________ per working hour.
DATED ________________________________________
BY ___________________________________________
Contractor
ITS ___________________________________________
Owner/President
CONTRACTOR ADDRESS:
_________________________________
_________________________________
CONTRACTOR AUTHORIZED SIGNATURE:
_________________________________
TITLE:
_________________________________
CITY AUTHORIZING SIGNATURE:
_________________________________
PRINTED NAME:
________________________________
Date:
_______________________________
18
Page 19 of
City of Shakopee - 2017 Street Tree Pruning
1251
Zone 2 contains approximately 721 trees
Legend
and 9,275 diameter inches. An estimated
0
0
1245
149 trees and 2,701 diameter inches in an
0
5011249
City Tree
0
adjacent zone (not shown) with a similar
0
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size/species distribution may also be an
Ash - Prune to specs
0
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area of work.
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0528520313532605222615619
±
02505001,000Feet
Date: 2Dec16
RESOLUTION NO.7825
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA
ACCEPTING ADONATIONOF $1,000.00 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, Janice and Donald Link, avid supportersof the City of
Shakopee havegenerously donated$1,000tothe Shakopee Fun For All
Inclusive Playground; and
WHEREAS, donation willassist 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 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,
rd
Minnesotaheld this3day of January, 2017.
______________________________
William Mars
Mayor of the City of Shakopee
ATTEST:
___________________________________
City Clerk
FundstransferredelectronicallyDecember21,2016toJanuary3,2017
PAYROLL
$ 296,214.89
FIT/FICA97,320.40$
STATEINCOMETAX20,597.36$
PERA88,116.93$
HEALTHCARESAVINGS18,523.39$
HEALTHSAVINGSACC
T
$428.80
NATIONWIDEDEFCOMP10,560.84$
ICMADEFERREDCOMP2,011.70$
MSRS2,958.27$
FSA3,794.83$
MNWAGELEVY490.43$
Total541,017.84$
Page 1 of 1
12/30/2016 10:38:15 AM
RESOLUTION NO. 7824
A RESOLUTION REQUESTING SCOTT COUNTY TO REINSTATESPECIAL
ASSESSMENT #27000 FOR PARCEL 27-908068-1
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, COUNTY OF
SCOTT, MINNESOTA, that special assessment #27000 needs to be reinstatedby Scott County
as a Green Acre deferred assessment for parcel 27-908068-1; and
WHEREAS, the property was replatted in 2016 from parcel 27-908068-0 to 27-908068-1; and
WHEREAS, Scott County does not indicate record of this deferred assessment that has been on
the City’s records since 1981 via Resolution No. 1891; and
WHEREAS, the deferred assessment remains qualified for Green Acre deferral; and
BE IT FURTHER RESOLVED, the accrued balance as of December 31, 2016 is $11,655.34
whichwill continue to accrue interest at a simple interest rate of 8.75 percentbased off of the
original assessment value of $6,535.19.
RD
Adopted in regular session of the City Council of the City of Shakopee, Minnesota held this 3
day of January 2017.
Mayor of the City of Shakopee
ATTEST:
To the City of Shakopee-
First of all, we’d like to say thank you for your support of the American Cancer SocietyRelay For
Life of Scott County event in 2016. We’ve received very positive feedback about moving the
event from Vaughan Field to Lions Park and Sweeney Elementary, and are excited to continue
th
to host the event in this new location. This year will be the 20annual event here in Scott
County. This community has raised over 2.4 million dollars to supports programs for cancer
patients, cancer research, and promotion of cancer prevention and early detection, and we’re
excited to continue to raise funds for this important cause.
This year, we’d like use of the log cabin building and the parking lots, however we will not need
the use of Lion’s Park or the shelters. We’d like to request that the city waive the park fees once
again this year, so that more of the dollars that our teams raise can go directly back to our
mission. The city would receive event sponsorship benefits which include recognition on our
Relay For Life websites and a logo on our event t-shirts.
In addition to the fees being waived, we’d also like to request the following items:
thth
Extension of park hours -8 am on Friday, July 14until 3 am on Saturday, July 15(to
allow time for setup and clean up)
Log cabin (and use of tables and chairs inside)
Use of both parking lots
Permission to use an ATV on premises for setup, take down, and navigation. We will also
have food trucks on the premises and will take care of city ordinances whenthe time
comes.
On behalf of the American Cancer Society and the Relay For Life of Scott County, thank you for
your consideration. We look forward to working with the City of Shakopee again this year to
raise funds to support those fighting this horribledisease.
Sincerely,
The 2017 Relay For Life Event Leadership Team
CITY OF SHAKOPEE
Monthly Financial Report
Di
YTDDecemberYTDBudgetYTD
vis
201620162016BalancePercent2015
io
BudgetActualActualRemainingUsedActual
n
01000 - GENERAL FUND
REVENUES:
* - TAXES(17,150,900)(7,790,078)(16,942,684)(208,216)99%(16,160,074)
* - SPECIAL ASSESSMENTS(11,500)(21,863)(20,507)9,007178%(12,043)
* - LICENSES AND PERMITS(2,269,100)(46,490)(2,448,151)179,051108%(2,023,436)
* - INTERGOVERNMENTAL(1,251,900)(18,969)(1,207,838)(44,062)96%(1,356,734)
* - CHARGES FOR SERVICES(4,377,650)(306,806)(4,446,275)68,625102%(4,461,510)
* - FINES AND FORFEITS(1,500)(3,710)(11,213)9,713748%(7,093)
* - MISCELLANEOUS(198,850)(55,747)(250,365)51,515126%(310,395)
TOTAL REVENUES(25,261,400)(8,243,663)(25,327,033)65,633100%(24,331,286)
EXPENDITURES:
11 - MAYOR & COUNCIL176,9905,133167,8779,11395%208,849
12 - ADMINISTRATION1,355,860121,2611,354,7901,070100%1,096,915
13 - CITY CLERK326,03021,164312,94013,09096%384,513
15 - FINANCE1,154,300102,8681,147,9966,30499%1,123,583
17 - COMMUNITY DEVELOPMENT501,72034,265445,97255,74889%475,453
18 - FACILITIES363,81021,735334,89628,91492%378,072
31 - POLICE DEPARTMENT7,750,810543,8867,523,181227,62997%7,527,530
32 - FIRE2,059,380129,0271,997,81561,56597%2,096,522
33 - INSPECTION-BLDG-PLMBG-HTG606,91059,320679,458(72,548)112%645,720
41 - ENGINEERING627,34032,416593,79533,54595%642,942
42 - STREET MAINTENANCE1,934,790124,7331,802,779132,01193%2,001,289
44 - FLEET403,31024,892419,025(15,715)104%392,053
46 - PARK MAINTENANCE1,570,64086,4311,506,27264,36896%1,572,214
66 - NATURAL RESOURCES200,4105,466141,42958,98171%106,458
67 - RECREATION2,462,810162,1082,305,221157,58994%2,238,397
91 - UNALLOCATED217,5804,80439,738177,84218%173,247
TOTAL EXPENDITURES21,712,6901,479,51020,773,183939,50796%21,063,757
OTHER FINANCING
#
* - TRANSFERS IN(250,000)0(250,000)0100%(250,000)
#
3,515,466
* - TRANSFERS OUT3,345,00002,103,7551,241,24663%
#
OTHER FINANCING TOTAL3,095,00001,853,7551,241,24660%3,265,466
#
(2,063)
FUND TOTAL(453,710)(6,764,154)(2,700,096)2,246,386
#
Key
Varies more than 10% than budget positively
Varies more than 10% than budget negatively
Within 10% of budget
CITY OF SHAKOPEE
Monthly Financial Report
YTDDecemberYTDBudget
Percent
Division201620162016Balance
Used
BudgetActualActualRemaining
01000 - GENERAL FUND
REVENUES:0.000.000.000.000.00%
* - TAXES17,150,900.007,790,078.2516,942,684.48208,215.5298.79%
* - SPECIAL ASSESSMENTS11,500.0021,862.8920,507.25(9,007.25)178.32%
* - LICENSES AND PERMITS2,269,100.0046,490.092,448,150.84(179,050.84)107.89%
* - INTERGOVERNMENTAL1,251,900.0018,969.411,207,837.7144,062.2996.48%
* - CHARGES FOR SERVICES4,377,650.00306,805.684,446,274.92(68,624.92)101.57%
* - FINES AND FORFEITS1,500.003,710.0011,213.08(9,713.08)747.54%
* - MISCELLANEOUS198,850.0055,746.93250,365.18(51,515.18)125.91%
TOTAL REVENUES25,261,400.008,243,663.2525,327,033.46(65,633.46)100.26%
EXPENDITURES:0.000.000.000.000.00%
11 - MAYOR & COUNCIL(176,990.00)(5,133.41)(167,876.62)(9,113.38)94.85%
12 - ADMINISTRATION(1,355,860.00)(121,261.44)(1,354,790.16)(1,069.84)99.92%
13 - CITY CLERK(326,030.00)(21,164.48)(312,939.67)(13,090.33)95.98%
15 - FINANCE(1,154,300.00)(102,867.68)(1,147,995.78)(6,304.22)99.45%
17 - COMMUNITY DEVELOPMENT(501,720.00)(34,265.14)(445,972.27)(55,747.73)88.89%
18 - FACILITIES(363,810.00)(21,734.79)(334,895.83)(28,914.17)92.05%
31 - POLICE DEPARTMENT(7,750,810.00)(543,886.05)(7,523,181.20)(227,628.80)97.06%
32 - FIRE(2,059,380.00)(129,026.51)(1,997,815.07)(61,564.93)97.01%
33 - INSPECTION-BLDG-PLMBG-HTG(606,910.00)(59,319.63)(679,457.78)72,547.78111.95%
41 - ENGINEERING(627,340.00)(32,416.19)(593,794.80)(33,545.20)94.65%
42 - STREET MAINTENANCE(1,934,790.00)(124,733.28)(1,802,779.22)(132,010.78)93.18%
44 - FLEET(403,310.00)(24,892.18)(419,024.65)15,714.65103.90%
46 - PARK MAINTENANCE(1,570,640.00)(86,431.12)(1,506,271.98)(64,368.02)95.90%
66 - NATURAL RESOURCES(200,410.00)(5,465.91)(141,428.78)(58,981.22)70.57%
67 - RECREATION(2,462,810.00)(162,107.96)(2,305,221.22)(157,588.78)93.60%
91 - UNALLOCATED(217,580.00)(4,803.80)(39,738.42)(177,841.58)18.26%
TOTAL EXPENDITURES###########(1,479,509.57)###########(939,506.55)95.67%
OTHER FINANCING0.000.000.000.000.00%
* - TRANSFERS IN250,000.000.00250,000.000.00100.00%
* - TRANSFERS OUT(3,345,000.00)0.00(2,103,754.50)(1,241,245.50)62.89%
OTHER FINANCING TOTAL(3,095,000.00)0.00(1,853,754.50)(1,241,245.50)59.90%
FUND TOTAL453,710.006,764,153.682,700,095.51(2,246,385.51)595.11%
YTD
2015
Actual
0.00
16,160,074.36
12,042.90
2,023,436.27
1,356,733.68
4,461,510.06
7,093.46
310,394.88
24,331,285.61
0.00
(208,849.31)
(1,096,914.75)
(384,512.61)
(1,123,583.39)
(475,453.45)
(378,072.13)
(7,527,529.70)
(2,096,522.27)
(645,719.73)
(642,942.18)
(2,001,288.78)
(392,052.64)
(1,572,213.58)
(106,458.06)
(2,238,397.36)
(173,246.85)
(21,063,756.79)
0.00
250,000.00
(3,515,466.00)
(3,265,466.00)
2,062.82
12/30/2016 8:58:34 AMPage 1 of 1
RolesandResponsibilities
ofCityLeadership
-A Very Broad View -
3January 2017
DonBorut,formerEDofNLC
•
Running for public office at the local level is an
irrationaland unnaturalact. You permit
yourself to be scrutinized more than an
amoeba under a microscope, for below market
pay, so that citizens can call you day and night.
And for what? The right to make decisions that
will tick off half the folks in town.
•
So why do you do it? Basically to make a
differencein your community and improve the
quality of lifefor you citizens
RoleoftheIndividualCouncilmember
(Handbook for Minnesota Cities League of Minnesota Cities)
•
Why important?
–
City officials can be held personallyliable for failing to act or
taking unauthorized actions on the part of the City.
•
Duties are to be performed almost without exception
by the council as a whole.
–
Most important single responsibility = participation at
Council meetings
–
In an individual capacity, Council members have no
administrative authority.
–
Cannot give orders or otherwise supervise city employees.
CouncilActingasaSingleEntity
•
We as opposed to I
•
Clear, consistent rules of procedure
•
Clear, agreed-upon protocols
•
All members receive the same information
•
Respect for each other and abide by the decisions of
the group
–
position, if necessary
–
move on
•
Set clear direction and policy
EffectiveCouncilMembers
•
Participate in all issues
•
Focus on POLICY not POLITICS
•
Discuss, debate and disagree without
fighting
•
Address issues within the Councils control
•
Avoid micromanagement
•
Play a supportive role in the group
RoleofCouncilasaWhole
•
Powers are generally to
–
Supervise administrator
–
Formulate policy
–
Exercise city statutory powers
•
Should devote time to problems of
–
Basic policy
–
Act as liaison between the City and citizens
WhatisPolicy???
•
What people think it is:
–
An arbitrary set of rules, rigidly enforced,
resulting in total frustration of employees and
community
•
What is should be:
–
A set of high-level decisions serving as a guide
for lower level decisions
Inrealitypolicyis
•
3 out of 5 votes.
–
Decision Points
MajorAreasofCouncilAuthorityand
Responsibility
•
Certifying elections results
•
Setting rules governing its proceedings
•
Exercising city powers granted by law
•
Legislating (enacting ordinances)
•
Directing enforcement of city ordinances
•
Appointing administrator/some employees
MajorAreasofCouncilAuthorityand
Responsibility(cont.)
•
Managing city financial operations
–
Levying taxes and approving budget
•
Appointing members of boards
•
Conducting city intergovernmental affairs
–
JPAs, appointing to other governmental bodies
•
Protecting the welfare of the City and its inhabitants
•
Providing community leadership
•
Transacting city business
–
Purchasing, bidding, licensing, contracting
RoleoftheMayor
Has all the powers and duties of Council member,
plus
•
Official head of the City
–
Representative before bodies
–
Greets important visitors, gives formal and informal talks,
takes part in public events
•
Executes official documents
•
City Weed inspector per state law
•
Declaration of local emergencies
DutiesoftheCityAdministrator
Shakopee City Code 32.15
•
Chief Administrative Officer of the city and shall be responsible to
the Council for the proper administration of all affairs of the
City
•
Supervises the administration of all departments, offices and
divisions
•
Properly screens and selects/recommends for employment,
suspends, recommends for termination
•
Develops and issues all administrative rules, regulations and
procedures
•
Prepares and submits annual budget
•
Attends and participates in all Council meetings
•
Enforces all laws and provisions of the code
DutiesoftheCityAdministrator
Shakopee City Code 32.15 (cont.)
•
Purchases or enters into contracts for previously budgeted
items/services not to exceed $15,000
•
Makes recommendations to Council for actions to improve health,
safety and welfare of the community or for administration
improvement
•
Performs other duties as directed by Council
•
Accepts resignations (except from DH, police captains/sergeants)
•
Hires, promotes and appoints employees for positions previously
budgeted (except DH, police captains/sergeants, or those above
mid-point in pay range).
PersonalLiability
•
The City will defend you in a lawsuit if:
–
You were acting in the performance of the duties of the position; and
–
You were not guilty of malfeasance, willful neglect of duty or bad
faith
•
Malfeasance = willful commission of an unlawful or wrongful act in the
performance of a public officials duties which is outside the scope of the
authority of the public official and which infringes on the rights of others.
•
Exceptions
–
Intentional torts
–
Assault
–
Sexual harassment
–
Defamation
Ethics(Gifts)
•
An interested person may not give a gift or request
another to give a gift to a local official. A local official may
not accept a gift from an interested person.
•
Exceptions
–
Services to assist an official in the performance of their duties
(advice/consultation)
–
A plaque or similar memento
–
A trinket costing $5 or less
–
Food or beverage at a reception, meal or meeting away from
the recipients place of work by organization before whom the
recipient is speaking.
ConflictsofInterest
•
Occur when an individual has a personal interest in a
decision they have the power to make. It can be
contractual or non-contractual and includes decisions in
which personal involvement, gain or financial benefit
exists for the decision maker.
•
General Rule #1 An officer who is authorized to take part
in any manner in making any sale, lease or contract in
official capacity shall not voluntarily have a personal
financial interest or personally benefit therefrom
–
Multiple exceptions
ConflictsofInterest(cont.)
•
General Rule #2 No member of a council shall be directly or
indirectly interested in any contract made by the Council.
•
General Rule #3 If the money earned under the contract is used
to support a family member so that the council member derives
some benefit, it is an indirect interest.
•
General Rule #4 Neither the Mayor nor any City Council member
may be employed (full-time) by the City.
•
Any official who has a personal economic interest that may
conflict with public interest in considering an official action
generally is disqualified from participating in the action.
OpenMeetingsLaw
•
Gatherings of officials where at least a quorum is present and
issues relating to official business are discussed or information
relating to official business is received or action taken, must be
made in a public meeting.
•
Exceptions
–
Labor negotiations
–
Required by another law
–
Misconduct allegations
–
Performance evaluations
–
Attorney/client privilege
–
Security briefings
–
Real estate offer/counter
ORDINANCE NO. 955
An Ordinance Repealing Motion Picture Theatre Regulations
The City Council of Shakopeeordainsthat Sections 115.01 –115.15 of the Shakopee City Code, an
ordinance regulating Motion Picture Theaters in the City of Shakopee, adopted in 1978 and revised in
1981 is repealed, effective immediately upon passage of this ordinanceand required publication.
Adopted in ____________ session of the City Council of the City of Shakopee, Minnesota,
held this ______ day of _______, 2017.
_______________________________________
Mayor of the City of Shakopee
ATTEST:
____________________________________
City Clerk
TO:Mayor and City Council
FROM:Nate Burkett, Assistant City Administrator
CC:Bill Reynolds, City Administrator
Tom Pitschneider, Fire Marshal
Jeff Tate, Police Chief
Michael Kerski, Planning and Development Director
Lori Hensen, City Clerk
DATE:December 29, 2016
SUBJECT:Motion Picture Theaters Ordinance –City of Shakopee City Code Chapter 115
City of Shakopee City Code sets forth regulations pertaining to motion picture theaters in the City of
Shakopee. The ordinance appears to have been first adopted in 1978 and last revised in 1981.
There is only one businessin the City currentlylicensed under this ordinance.
This ordinance applies to any presentation ofa “motion picture, slideshow or theatrical”, where a
fee is charged for viewing. Religious, education, charitable or fraternal organizations are exempted
from this chapter.
Summary of Regulations
The ordinance requires compliance with fouroverarching regulations (1) Prohibits shows and
performances that (a)may tend to cause public disturbance or are (b)immoral,obscene,or
indecent. (2)Requiresappropriate safety measures; (a)adequate exits and the ability to egressin
an emergency aswell as requiring non-flammable scenery materialsand(b)that the licensee keep
general order in the facility.(3)Requires that the showing has ratings visible to anyone entering
the facility, and sets forth requirements for who may be allowed in to thetheater to view showings
at given ratings levels. And (4) Provides definitions for obscenity in the event a showing is unrated
by MotionPicture Association of Americaand requires a rating judgement be made.
Analysis
(1)Any conduct which may tend to cause a public disturbance or public nuisance would be
adequately regulated under public nuisance or disorderly conduct laws or ordinances. Any
movie theater showing “adult films” would be regulated under 130.67 –Adult
Establishments.
(2)After discussion with the Fire Marshall, 115.05 –115.08, which provides forsafety
requirements for motion picture theaters, is duplicative of the FireSafetyCode.
(3)The ratings listed in the ordinance areoutdated.Movie theaters tend to follow this
provision of the ordinance as a matter of best practice and to keep compliance with their
agreements which the Motion Picture Association of America, which created the rating
system as well as their distributors and the movie production studios.
COMMUNITY PRIDE SINCE 1857
129 Holmes Street South · Shakopee, Minnesota · 55379-1351 · 952-233-9300 · FAX 952-233-3801 · www.ShakopeeMN.gov
(4)There are definitions of obscenity and appropriate regulations that are in accordance with
Constitutional case law in the Adult Establishments section (130.67) of the ordinance.
(5)In review of other communities’ ordinances on movie theaters; many other similarly sized
communities do not have ordinances requiring licenses of movie theaters. In those that do
have such ordinances they are typically structured to regulate adult use or to authorize
movie theaters to hold a liquor license.
(6)The City currently sells one movie theater business licenseunder this ordinance per year.
That number is expected to increase to two within the next year. The total fees the City
collects under the existing movie theater licensing provision of the ordinance is $110 per
year.
Recommendation
The City Council should consider repealing the movie theater licensing ordinance (Section 115.01-
115.15). The important provisions of the ordinance (1) ensuring patron safety and (2) ensuring
that adult use regulations are followed, are both reasonably restricted by other parts of the City
Code.
The City Council may also wish to consider repealingthe Outdoor Performance Centers section
(115.30-115.40) of the City Code, and consider adoption/revisions to those ordinances that control
larger public events in the interest of public safety.
COMMUNITY PRIDE SINCE 1857
129 Holmes Street South · Shakopee, Minnesota · 55379-1351 · 952-233-9300 · FAX 952-233-3801 · www.ci.shakopee.mn.us
OrdinanceandPolicyReview
Process
January 3, 2017
Nate Burkett, Assistant City
Administrator
Whatarewedoing?
•Staff proposes to perform a methodical
comprehensive review of ordinances and
policies
•Consolidate policies to a single location and
align with ordinances
•Ensure administration of ordinances and
policies is effective and efficient
Whyisthisimportant?
•Many ordinances and policies:
–have not been reviewed or updated in many
years
–are not applicable, or have become obsolete due
to court rulings or State or Federal law or rule
–are not enforced or enforceable and should come
off the books
–prescribe procedures that decrease efficiency
and decrease customer service levels
–are confusing, unclear or conflict with each other
Whyisthisimportant?
•Maybe most importantly –ordinances and
policies should:
–reflect the direction of the Council
–and support the Council’s vision for the city
•Ordinance, Policy and Budget are the best
tools the Council has to effect change
Howwillweapproachthis
review?
•Council or Staff will identify ordinances or
policies for review
•Staff will analyze ordinances and policies,
provide analysis and recommendation to the
Council
•Council considers and chooses to adopt,
modify or leave an ordinance or policy as is
•Typically expect to have one agenda item per
month under this review process
Howwillweapproachthis
review?
•Staff initiated reviews will focus on those
ordinances and policies that need
updating because they are:
–Out of date, or out of compliance with court
rulings, State or Federal Law or Rule
–Inefficient, unclear, or conflicting
–Out of line with best practices
Howwillweapproachthis
review?
•Council direction is appreciated
•Council should identify Ordinances or
Policies that do not align with the Vision or
Values of the Council
•In order to provide clear unambiguous
direction to staff, any ordinance/policy that
council would like reviewed must be
addressed through a vote by the Council
body