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HomeMy WebLinkAboutOctober 03, 2017 Shakopee City Council pwakaj October 3,2017 7:00 PM SHAKO ' City Hall 485 Gorman St. Shakopee Mission Statement The Mission of the City,of Shakopee is to provide the opportunity to live, work and play in a community with a proud past,promising future, and small town atmosphere within a metropolitan setting. A.Keep Shakopee a safe and healthy community where residents can pursue active and quality lifestyles. B.Positively manage the challenges and opportunities presented by growth,development and change. C.Maintain the City's strong financial health. D.Maintain,improve and create strong partnerships with other public and private sector entities. E.Deliver effective and efficient public services by a staff of well-trained,caring and professional employees. F. Housekeeping item. Mayor Bill Mars presiding 1. Roll Call 2. Pledge of Allegiance 3. Approval of Agenda 4. Consent Business - (All items listed in this section are anticipated to be routine. After a discussion by the Mayor there will be an opportunity for members of the Council to remove any items from the consent agenda for individual discussion. Those items removed will be considered following the Public hearing portion of the agenda. Items remaining on the Consent Agenda will not be discussed and will be approved in one motion.) A. Administration *4. A.1. *City Council Minutes *4. A.2. *Ratify Teamsters Union Contract for 2017-19 B. Planning and Development *4. B.1. *Set Public Hearing for Vacation of Certain Drainage and Utility Easements in Maple Trail Estates 2nd Addition C. Police *4. C.I. *Surplus Property D. Public Works and Engineering *4. D.1. *Update City Code Chapters 50 and 90 Pertaining to Telecommunications and Small Cell Wireless Permitting *4. D.2. *Drainage and Utility Easement Encroachment Agreements Page 1 of 242 5. RECOGNITION OF INVOLVED CITIZENS BY CITY COUNCIL- Provides an opportunity for the public to address the Council on items which are not on the agenda. Comments should not be more than five minutes in length. The Mayor may adjust that time limit based upon the number of persons seeking to comment. This comment period may not be used to make personal attacks, to air personality grievances, to make political endorsements or for political campaign purposes. Council Members will not enter into a dialogue with citizens, and questions from Council will be for clarification only. This period will not be used to problem solve issues or to react to the comments made, but rather for informational purposes only. 6. Business removed from consent will be discussed at this time 7. Public Hearings 7.A. Vacation of Certain Alleys and Right-of-Ways Within and Adjacent to the Minnesota Correctional Facility 8. Recess for Economic Development Authority Meeting 9. Reconvene 10. Workshop 10.ADiscussion on Tax Increment Financing (TIF) 11. Reports II.A.City Bill List 11.B.Liaison and Administration 12. Adjournment to October 17, 2017 at 7:00 p.m. Page 2 of 242 *4.A.1. Pb9akA SHAKOPE: Shakopee City Council October 3, 2017 FROM: Lori J. Hensen, City Clerk TO: Mayor and Council Members Subject: City Council minutes from August 29 and September 19, 2017. Policy/Action Requested: Approve the minutes from August 29 and September 19, 2017. Recommendation: Approve the above motion Discussion: Budget Impact: ATTACHMENTS: D August 29, 2017 D September 19, 2017 Page 3 of 242 Shakopee City Council Minutes pwakaj August 29,2017 SHAKOPE7:00 PM . ' City Hall 485 Gorman St. Mayor Bill Mars presiding 1. Roll Call Present: Mayor William Mars, Councilmember Mike Luce, Councilmember Matt Lehman, Councilmember Jay Whiting, Councilmember Kathi Mocol Staff Present: Administrator Bill Reynolds, Assistant Administrator Nate Burkett, City Attorney Jim Thomson, Finance Director Darin Nelson, Planning and Development Director Michael Kerski, Fire Chief Rick Coleman, Police Chief Jeff Tate, Park and Recreation Director Jamie Polley, Engineering and Public Works Director Steve Lillehaug, City Clerk Lori Hensen 2. Pledge of Allegiance 3. Approval of Agenda Councilmember Kathi Mocol made a motion to approve agenda, seconded by Councilmember Jay Whiting and the motion passed. 5 - 0 4. Consent Business - (All items listed in this section are anticipated to be routine. After a discussion by the Mayor there will be an opportunity for members of the Council to remove any items from the consent agenda for individual discussion. Those items removed will be considered following the Public hearing portion of the agenda. Items remaining on the Consent Agenda will not be discussed and will be approved in one motion.) Councilmember Matt Lehman made a motion to approve the consent agenda, seconded by Councilmember Jay Whiting and the motion passed. 5 - 0 A. Administration *4. A.1. *Tobacco License for Hy-Vee Gas Station Approve the application and grant a tobacco license to Hy-Vee, Inc. dba Hy-Vee Gas at 1421 Adams Street. (Motion was carried under consent agenda.) Page 4 of 242 5. Workshop S.A. Preliminary Budget and Levy Review Councilmember Matt Lehman made a motion to recess, seconded by Councilmember Kathi Mocol and the motion passed. 5 - 0 S.B. Comprehensive Plan Amendment for Entertainment Land Use 5.C. High Density Housing Overview 6. Adjournment to September 5, 2017 at 7:00 p.m. Councilmember Jay Whiting made a motion to adjourn to September 5, 2017 at 7:00 p.m., seconded by Councilmember Kathi Mocol and the motion passed. 5 - 0 Page g of 242 Shakopee City Council Minutes pwakaj September 19,2017 SHA7:00 PM �C . ' City Hall 485 Gorman St. Mayor Bill Mars presiding 1. Roll Call Present: Mayor William Mars, Councilmember Jay Whiting, Councilmember Kathi Mocol, Councilmember Mike Luce, Councilmember Matt Lehman Staff Present: Administrator Bill Reynolds, Assistant Administrator Nate Burkett, City Attorney Jim Thomson, Engineering and Public Works Director Steve Lillehaug, Parks and Recreation Director Jamie Polley, Planning and Development Director Michael Kerski, Fire Chief Rick Coleman, City Clerk Lori Hensen, Senior Planner Eric Weiss 2. Pledge of Allegiance 3. Approval of Agenda Administrator Bill Reynolds removed item 4.A.5. from the agenda. Councilmember Jay Whiting made a motion to approve the agenda as amended, seconded by Councilmember Kathi Mocol and the motion passed. 5 - 0 4. Consent Business - (All items listed in this section are anticipated to be routine. After a discussion by the Mayor there will be an opportunity for members of the Council to remove any items from the consent agenda for individual discussion. Those items removed will be considered following the Public hearing portion of the agenda. Items remaining on the Consent Agenda will not be discussed and will be approved in one motion.) Councilmember Whiting asked to move item 10.13.6. to consent agenda Councilmember Matt Lehman made a motion to approve consent agenda as amended, seconded by Councilmember Mike Luce and the motion passed. 5 - 0 A. Administration *4. A.1. *Declare Amounts, Order the Preparation of Proposed Assessments, Set a Public Hearing Date for Delinquent False Alarm& Mowing Service Bills Page 6 of 242 Adopt Resolution No.7926, A Resolution Declaring the Amount to be Assessed, Ordering the Preparation of Proposed Assessments, and Setting the Public Hearing Date for Delinquent Ordinance Services. (Motion was carried under consent agenda.) *4. A.2. *Declare Amounts, Order the Preparation of Proposed Assessments, Set a Public Hearing Date for Delinquent Refuse Bills Adopt Resolution No. 7928, a resolution declaring the amount to be assessed, ordering the preparation of proposed assessments, and setting the public hearing date for delinquent refuse bills. (Motion was carried under consent agenda.) *4. A.3. *Write-off Delinquent Sewer and Storm Drainage Accounts Approve writing-off delinquent sewer and storm drainage accounts from December 31, 2015 and prior in the amounts of$95,693.64 and $45,194.69, respectively. (Motion was carried under consent agenda.) *4. A.4. *City Council Minutes Approve the minutes from September 5, 2017. (Motion was carried under consent agenda.) *4. A.S. *Massage Business and Massage Therapist License for Stephanie LaBeau Memo was removed from agenda. *4. A.6. *Consumption and Display License for Shakopee Brew Hall Approve the consumption and display license for Dilemma Brewing Co. dba Shakopee Brew Hall at 124 First Avenue East. (Motion was carried under consent agenda.) *4. A.7. *On-sale, Off-sale and Sunday Liquor Licenses for Hy-Vee Approve the On-sale and Sunday liquor licenses for Hy-Vee Market Grille located at 1451 Adams Street South Suite A. (Motion was carried under consent agenda.) Approve the Off-sale and Sunday liquor licenses for Hy-Vee Wine & Spirits located at 1451 Adams Street South Suite B. (Motion was carried under consent agenda.) B. Parks and Recreation *4. B.1. *Hiring of Lead Lifeguards Approve the hiring of two Lead Lifeguards at Grade 1 of the 2017 Non-Union Pay Plan beginning immediately in 2017. (Motion was carried under consent agenda.) *4. B.2. *Donation from the Shakopee Lions Club for Senior Transportation Accepting a donation from the Shakopee Lions Club for Senior Transportation. Page 2 of 242 (Motion was carried under consent agenda.) C. Planning and Development *4. C.1. *Interim Use Permit for Storage of Semi-Trailers at Valleyfair Approve Resolution No 7932, a resolution approving an Interim Use Permit request to allow temporary storage of semi-trailers on Valleyfair property. (Motion was carried under consent agenda.) D. Police *4. D.I. *Surplus Property Declare seven forfeited vehicles as surplus property and authorize their disposal. (Motion was carried under consent agenda.) *4. D.2. *Towards Zero Death Grant, Res. No. 7927 Adopt Resolution No. 7927, Accepting the 2017-2018 Towards Zero Deaths Grant. (Motion was carried under consent agenda.) *4. D.3. *Surplus Bikes/Miscellaneous Declare the listed property as surplus and authorize its disposal. (Motion was carried under consent agenda.) E. Public Works and Engineering *4. E.1. * Lateral Sewer Connection Charge for Whispering Oaks Sanitary Sewer Extension Adopt Ordinance 969, amending the city's fee schedule by adding a lateral sanitary sewer connection charge for the Whispering Oaks Sanitary Sewer Extension Project No. 2017-3. (Motion was carried under consent agenda.) *4. E.2. *Vierling Drive Utility Extension Project 2017-10 Approve plans and order advertisement for bids for the Vierling Drive Utility Extension Project 2017-10. (Motion was carried under consent agenda.) *4. E.3. *Roadway De-icing Salt Cooperative Purchasing Venture Authorize the purchase of roadway de-icing salt using the Minnesota Department of Transportation Road Salt Cooperative Purchasing Venture. (Motion was carried under consent agenda.) 5. RECOGNITION OF INVOLVED CITIZENS BY CITY COUNCIL- Provides an opportunity for the public to address the Council on items which are not on the agenda. Comments should not be more than five minutes in length. The Mayor may adjust that time limit based upon the number of persons seeking to comment. This comment Page 8 of 242 period may not be used to make personal attacks, to air personality grievances, to make political endorsements or for political campaign purposes. Council Members will not enter into a dialogue with citizens, and questions from Council will be for clarification only. This period will not be used to problem solve issues or to react to the comments made, but rather for informational purposes only. 6. Business removed from consent will be discussed at this time 7. Public Hearings 7.A. Vacation of certain alleys and rights-of-way within and adjacent to the Minnesota Correctional Facility - Shakopee Councilmember Matt Lehman made a motion to open the public hearing, seconded by Councilmember Kathi Mocol and the motion passed. 5 - 0 Councilmember Matt Lehman made a motion to continue the public hearing to October 3, 2017 at 7:00 p.m., seconded by Councilmember Mike Luce and the motion passed. 5 - 0 8. Recess for Economic Development Authority Meeting 9. Reconvene 10. General Business A. Parks and Recreation 10. A.1. Community Center 2018 Membership Rates Councilmember Matt Lehman made a motion to approve the 2018 Community Center membership rates as recommended by the Parks and Recreation Advisory Board (PRAB)., seconded by Councilmember Kathi Mocol and the motion passed. 4 - 1 Nays: Whiting B. Administration 10. B.1. Council Continued Concerns Regarding the Conduct of Councilor Luce Councilmember Matt Lehman made a motion to adjourn for a 10 minutes recess, Page 4 of 242 seconded by Councilmember Mike Luce and the motion passed. 5 - 0 10. B.2. Refuse and Recycling Fees and Charges Councilmember Jay Whiting made a motion to approve an increase of$0.16/per user, per month to refuse and recycling collection fees in accordance with the request by Republic Services under their existing contract and approve an increase of$2.34/per user, per month to refuse and recycling disposal fees due to increased tipping fee costs and authorize disposal at Great River Energy Processing Facility in Elk River, MN provided the facility meets the requirements of Section 3A of the existing contract between Republic Services and the City of Shakopee., seconded by Councilmember Matt Lehman and the motion passed. 5 - 0 10. B.3. 2018 Proposed Property Tax Levy, General Fund Budget and Debt Levy Cancellations, Res. Nos. 7929 & 7930 Councilmember Jay Whiting made a motion to adopt Resolution Nos. 7929 and 7930, setting the proposed maximum 2017 property tax levy collectible in 2018, and canceling certain debt service levies for taxes payable in 2018., seconded by Councilmember Kathi Mocol and the motion passed. 5 - 0 10. B.4. Consider EDA Special Benefit Levy and Preliminary Budget for 2018 Councilmember Jay Whiting made a motion to adopt Resolution No. 7931 consenting to the Economic Development Authority in and for the City of Shakopee adopting a proposed special benefit levy collectible in 2018., seconded by Councihmember Kathi Mocol and the motion passed. 3 - 2 Nays: Lehman, Luce 10. B.5. Approval of 2018-2022 Capital Improvement Plan (CIP) Councilmember Jay Whiting made a motion to adopt the 2018-2022 Capital Improvement Plan(CIP), seconded by Councilmember Kathi Mocol and the motion passed. 5 - 0 10. B.6. Monthly Financial Review- August 2017 Discussion on the year-to-date General Fund revenues and expenditures along with the Community Center and Ice Arena year-over-year operations comparison. (Motion Page 5()69242 was carried under consent agenda.) C. Planning and Development 10. C.1. Envision Shakopee Plan Charter Councilmember Jay Whiting made a motion to approve the Plan Charter as a working document of Envision Shakopee., seconded by Councilmember Kathi Mocol and the motion passed. 3 - 2 Nays: Lehman, Luce 10. C.2. Resolution Designating Buildings as Structurally Substandard within Shakopee Redevelopment Project Councilmember Kathi Mocol made a motion to approve resolution No. 7920 designating buildings as structurally substandard within the Shakopee Redevelopment Project, seconded by Councilmember Jay Whiting and the motion passed. 3 - 2 Nays: Lehman, Luce 10. C.3. Set date for Public Hearing on Tax Increment Finance Plan for Redevelopment District No. 18 Councilmember Matt Lehman made a motion to set public hearing date for November 8, 2017, seconded by Councilmember Jay Whiting and the motion passed. 5 - 0 10. C.4. Advertisement for Bids for the Removal of Hazardous Materials and Demolition of former City Hall Councilmember Jay Whiting made a motion to authorize advertisement for bids and retain RJM as the owner's agent for a cost not to exceed $24,000., seconded by Councilmember Kathi Mocol and the motion passed. 5 - 0 10. C.5. Resolution Authorizing an Interfund Loan for Advance of Certain Costs in Connection with Proposed Tax Increment Financing District Councilmember Kathi Mocol made a motion to approve resolution 7921 authorizing reimbursement of qualified costs incurred by the city as part of redevelopment for $300,000, seconded by Councilmember Jay Whiting and the motion passed. 3 - 2 Page 6b69242 Nays: Lehman, Luce 10. C.6. Acceptance of Sculpture and Grant from the Shakopee Mdewakanton Sioux Community Councilmember Matt Lehman made a motion to accept the donation from the Shakopee Mdewakanton Sioux Community of the sculpture and $50,000 for its restoration and installation in Downtown Shakopee and authorize staff to enter into the appropriate agreements and contracts for same, seconded by Councilmember Mike Luce and the motion passed. 5 - 0 11. Workshop 11.A.Comprehensive Plan Amendment for Entertainment Land Use 12. Reports 12.ACity Bill List 12.B.Liaison and Administration 13. Other Business 14. Adjournment to October 3, 2017 at 7:00 p.m Councilmember Jay Whiting made a motion to adjourn to October 3, 2017 at 7:00 p.m., seconded by Councilmember Kathi Mocol and the motion passed. 5 - 0 Page 72)69242 *4.A.2. Pb9akA SHAKOPEE Shakopee City Council October 3, 2017 FROM: Jennifer Gabbard TO: Mayor and City Council Subject: Resolution 7934, ratifying the Teamsters Union Contract for 2017-2019 Policy/Action Requested: Approve resolution 7934. Recommendation: Approval of Resolution 7934, ratifying the Teamsters Union Contract for 2017-2019. This represents an equitable agreement in line with other agencies, keeping us competitive in the employment marketplace, and recognizing the excellent work of our public works department. Discussion• The contract with the Teamsters union expired on December 31, 2016. The City has held multiple negotiating meetings with representatives of the Teamsters union to arrive at the attached contract. The negotiated contract includes the following: 1. Article 3 — Definitions We defined what a seasonal employee was, and that we could have employees that work from April to October of each year. 2. Article 9 — Work Schedules We agreed to provide as much advance notice as possible of unusual circumstances that require work. 3. Article 10 — Overtime We moved the date that we buy down comp time to one that is more administratively functional. Page 13 of 242 Additionally, we agreed on new provision about how the city provides overtime for its employees under this contract, and what the agreed upon process is. We provided a $25 increase in the uniform allowance for the life of the contract. The expired contract's unifonn allowance was $875, this contract will bring it up to $900 for all three years of the contract. 4. Article 12 — Early Call-In Pay We agreed on wage increase for early call-in pay. It went from $3.00 an hour to $4.25 an hour. 5. Article 15 — Discipline We agreed on sunset terms for discipline, which is a best practice. 6. Article 22 — Vacations We agreed to new terms for scheduling vacations. 7. Article 25 — Sick Leave We agreed to allow an employee who has a Sick Leave Bank balance to convert those hours over to the Post-Employment Health Care Savings Plan at a conversion rate of 3 to 1 hours. 8. Article 26 — Post-Employment Health Care Savings Plan We corrected the amount that is provided to employees on a monthly basis for having our health insurance. It had previously been $25, but was increased to $35 in 2015. 9. Article 28 — Coveralls/Uniforms/Footwear We agreed on new terms for uniforms. Increased the footwear allowance to $175 per year, and will now allow footwear accessories to be a part of the footwear allowance. 10. Article 31 — Wages We agreed on a 3% general wage increase each year of the contract, and we feel that a 3% wage increase for each year of the contract is a reasonable increase, based on some concessions made by the union for the new contract. Additionally, we cleaned up the locations of some of the information in this article that was elsewhere in the contract. We also provided an opportunity regarding a wage reopener, if needed. 11. Article 33 — Duration We agreed to a three-year duration for the new contract. It would be valid January 1, Page 14 of 242 2017 to December 31, 2019. 12. Appendix A— Wages The amounts listed in Appendix A were increased 3% over the 2016 rates, each year of the life of the contract. 13. Appendix C — Post Employment Health Care Savings Plan (HCSP) The union had already voted to increase their HCSP payroll contributions. We also updated the City's contribution to the HCSP, which went from $25 to $35 in 2015. Budget Impact: Funding for the 3% wage increase for 2017 is available within the current 2017 budget. The wage increases for 2018 and 2019 will need to be planned for in their respective budgets. Footwear allowance has a budgetary impact of$625 per year, $1,875 for the life of the contract. The changes to the unifonn article is a cost savings for the city. The budgetary impact for early call-in pay in 2017 is $2,971.27. The budgetary impact for 2016 would have been $5,945.72. ATTACHMENTS: D Resolution 7934 - Ratifying the Teamsters Union Contract 2017-2019 D Red-Lined Teamsters Contract 2017-2019 D Final Teamsters Contract - 2017-2019 Page 15 of 242 RESOLUTION NO. 7934 A RESOLUTION RATIFYING THE TEAMSTERS UNION CONTRACT FOR 2017-2019 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the City of Shakopee has ratified the Minnesota Teamsters Employee Union Local 320 Contract. BE IT FURTHER RESOLVED, that the parties have negotiated and agreed upon the terms and conditions of employment for bargaining unit employees from January 1, 2017 through December 31, 2019. Adopted in adjourned regular session of the City of Shakopee, Minnesota, held this 3rd day of October 2017. Mayor of the City of Shakopee ATTEST: City Clerk Page 16 of 242 LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION LOCAL NO. 320 Public Works Effective January 1, — December 31, 1 Page 17 of 242 INDEX ARTICLE SUBJECT PAGE Article 1 PURPOSE OF AGREEMENT 3 Article 2 RECOGNITION 3 Article 3 DEFINITIONS 3 Article 4 EMPLOYER SECURITY 4 Article 5 EMPLOYER AUTHORITY 4 Article 6 EMPLOYEE RIGHTS- GRIEVANCE 5 Article 7 UNION SECURITY 6 Article 8 SAVINGS CLAUSE 6 Article 9 WORK SCHEDULE 7 Article 10 OVERTIME 7 Article 11 CALL BACK 8 Article 12 EARLY CALL-IN PAY 8 Article 13 LEGAL DEFENSE 8 Article 14 SUBCONTRACTING WORK 8 Article 15 DISCIPLINE 8 Article 16 SENIORITY 9 Article 17 PROBATIONARY PERIODS 9 Article 18 SAFETY 9 Article 19 JOB POSTING 10 Article 20 INSURANCE 10 Article 21 HOLIDAYS 10 Article 22 VACATIONS 11 Article 23 SICK LEAVE 11 Article 24 FUNERAL LEAVE 11 Article 25 SEVERANCE PAY 11 Article 26 POST EMPLOYMENT HEALTH CARE SAVINGS PLAN 12 Article 27 INJURY ON DUTY 12 Article 28 COVERALLS/UNIFORMS/FOOTWEAR 12 Article 29 REPLACEMENT 12 Article 30 REQUIRED LICENSES 12 Article 31 WAGES 13 Article 32 LICENSE/CERTIFICATION PAY 13 Article 33 RESPONSE TIME REQUIREMENT 13 Article 34 WAIVER 14 Article 35 MEET AND CONFER 14 Article 36 DURATION 14 APPENDIX A SALARY SCHEDULE 15 APPENDIX B LICENSURE & CERTIFICATION PAY 16 APPENDIX C POST EMPLOYMENT HEALTH CARE SAVINGS PLAN 17 2 Page 18 of 242 ARTICLE 1. PURPOSE OF AGREEMENT This Agreement is entered into between the City of Shakopee, hereinafter called the Employer, and the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320, hereinafter called the Union, the intent and purpose of this Agreement is to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; 1.3 Specify the full and complete understanding of the parties, and; 1.4 Place in written form, the party's agreement, upon terms and conditions of employment for the duration of this Agreement. The Employer and the Union, through this Agreement, continue their dedication to the highest quality of public service. Both parties recognize this Agreement as a pledge of this dedication. ARTICLE 2. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statutes, Section 179A.03, Subd. 14 in an appropriate bargaining unit consisting of the following job classifications: Mechanic Maintenance Operator Mechanic Apprentice ARTICLE 3. DEFINITIONS 3.1 UNION: The Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320. 3.2 EMPLOYER: The City of Shakopee 3.3 UNION MEMBER: A member of the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320. 3.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.5 BASE PAY RATE: The employee's hourly pay rate exclusive of longevity or any other special allowance. 3.6 SEVERANCE PAY: Payment made to an employee upon honorable termination of employment. 3.7 OVERTIME: Any employee working more than 40 hours in a seven day period is to be paid at the overtime rate for the time worked which exceeds 40 hours. Time compensated shall include hours actually worked and hours compensated for, including vacation, sick and comp time taken. Payment is not to be made for time that is taken without pay. 3.8 CALL BACK: Return of an employee to a specified work site to perform assigned duties at the express authorization of the Employer at a time other than an assigned shift. An extension of or early report to an assigned shift is not a call back. 3 Page 19 of 242 3.9 STRIKE: Concerted action in failing to report for duty, the willful absence from one's poaition, the stoppage of wmrb, sJow-dmwn, or abstinence in whole or in part from the fuU, faithful and proper performance of the duties ofemployment for the purposes of induoing, influencing or coercing a change in the conditions or compensations or the rights, privileges or obligations of employment. 3.10 SEASONAL EMPLOYEES: EmRloyees hired on a temporary, part-time or seasonal basis for the department, may work continuously in this capacity from April to October of each year. UQon completion of work for the department, these employees shall not be eligible for other tempora[y, and or seasonal employment within the City until April of the next year. Employees employed by the City on a teMpprary, part-time or seasonal basis will be paid at the rate determined by the Employer for the term of their employment, provided it does not exceed the way of any current baLgaining unit member. Such employees shall not be eligible for any benefits under this labor agreement between the employer and the union, except those which may be reguired by law. Seasonal employees will count toward any payment of lead workers if said payment includes directing seasonal emplgyees. ARTICLE 4. EMPLOYER SECURITY 4.1 The Union agrees that during the life of this Agreement, it will not cause, encourage, participate in or support any atr|ke, slow-down or other interruption of or interference vvith, the normal functions of the Employer. 4.2 Any employee who engages in o strike may have his/her appointment terminated by the Employer effective the date the violation first occurs. Such termination ahoU be effective upon written notice served upon the employee. 4.3 An employee who is absent from any portion of his/her work assignment without pmrmiooion, or who abstains wholly orin part from the full performance ofhis/her duties without permission from his/her Employer on the date ordates when o strike occurs in prima facia presumed to have engaged in o strike onsuch date ordates. 4.4 An employee who knowingly strikes and vvhume employment has been terminated for such action may, subsequent to such vio|adun, be appointed or reappointed or employed or re-employed, but the employee aho|| be on probation for two years with respect to such civil service status, tenure of employment, or contract ufemployment, oahe/she may have therefore been entitled. 4.5 Noemployee shall be entitled to any daily pay, wages or per them for the days on which he/she engaged inastrike. ARTICLE 5. EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all manpnvver, facilities and equipment; toestablish functions and programs; toset and amend budgets; todetermine the utilization of technology; to establish and modify the organizational structure; to ae|ect, direct and determine the number of personnel; to establish vvnrh schedules and perform any inherent nnonoQerio| function not specifically limited bythis Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement nhoU remain solely within the discretion of the Employer to modifv, establish or eliminate. | 5.3 The Employer will meet and confer with the Union over policy changes. In addition, the Ci!y will form a Labor/Management Committee to facilitate open communication and cooperation between the city and our unions. 4 Page 000fc4c ARTICLE 6. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 6.1 Definition of a Grievance. A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 6.2 Union Representatives. The employer will recognize Representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer, in writing, of the names of such Union Representatives and of their successors when so designated, as provided by Section 6.2 of this Agreement. 6.3 Processing of a Grievance. It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided, is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and a Union Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided that the employee and the Union Representative have notified and received the approval of the designated supervisor, who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 6.4 Procedure. Grievances, as defined by Section 6.1, shall be resolved in conformance with the following procedure. Step 1. An employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the Employer-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union, within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days following the Employer-designated representative's final Step 2 answer shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 3 representative. The Employer-designated representative shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer-designated representative's final answer in Step.3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall be submitted to arbitration, subject to the provisions of the Public Employment Labor Relations Act of 1971, as 5 Page 21 of 242 amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances", as established by the Public Employment Relations Board. 6.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from, the terms of this Agreement. The arbitrator shall consider and decide only the specific issue (s) submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The Arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union, providing that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 6.6 Waiver. If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof, within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union, in each step. ARTICLE 7. UNION SECURITY In recognition of the Union as the exclusive representative, the Employer shall: 7.1 Deduct each payroll period an amount sufficient to provide the payment of dues established by the Union from the Wages of all employees authorizing in writing such deduction or a "fair share" deduction, as provided in Minnesota State Statute 179.65, Subd. 2, if the employee elects not to become a member of the Union. 7.2 Remit such deduction to the appropriate designated officer of the Union. 7.3 The Union may designate certain employees from the bargaining unit to act as stewards and shall inform the Employer in writing of such choice. 7.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. 6 Page 22 of 242 ARTICLE 8. SAVINGS CLAUSE This Agreement is subject to the laws of the United States, the State of Minnesota and the City of Shakopee. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be re-negotiated at the written request of either party. ARTICLE 9. WORK SCHEDULES 9.1 The sole authority in work schedules is the Employer. The normal workday for an employee shall be eight (8) hours. The normal workweek shall be forty (40) hours, Monday through Friday. 9.2 Service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis other than the normal schedule of 6:30 AM to 2:30 PM. The Employer will give two weeks' advance notice to the employees affected by the permanent establishment of workdays different from the employee's normal eight (8) hour workday. 9.3 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet or breakdown of municipal equipment or facilities, the employer is expected to communicate potential upcoming changes to normal work shifts with as much advance notice as possible. It is not required that an employee working other than the normal work day be scheduled to work more than eight (8) hours; however, each employee has an obligation to work overtime or call backs if requested unless circumstances prevent him from so working. 9.4 Service to the public may require the establishment of regular workweeks that schedule work on Saturdays and/or Sundays. ARTICLE 10. OVERTIME 10.1 Overtime, as defined in 3.7, will be compensated at the rate of time and one-half (1 1/2) the employee's base rate of pay. Employees will have their choice of cash or compensatory time off. 10.2 Overtime shall be distributed as equally as practicable using a rotating overtime call list. No prior notice is required for overtime because much of it is of a "call out" nature requiring immediate response. Overtime will be offered to seasonal employees only if full-time employees are contacted and do not want it. 10.3 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 10.4 Employees may maintain a balance of no more than eighty 80 hours of comp time at any one time during the payroll year. Employees may carryover up to 40 hours of accumulated comp time fFem one pa"r^" next, as of July 31 of each year. Any hours of accumulated comp time in excess of 40 hours as of the ending date of the last pay per;.ed of fhn p-,,__11 -- will be converted into cash, and paid to the employee or deposited in the employee's Post Employment Health Care Savings Plan. The schedule in Appendix D will be used to determine whether the money is paid to the employee or deposited in their HCSP. The conversion will take place once a year on the pay date in August of each year. ^f fhe !uvt payroll of the plan year. 7 Page 23 of 242 10.5 In all possible scenarios (which could include planned, unplanned, emergency, etc.) hours in addition to regularly scheduled shifts will be offered to full time bargaining unit members follow the aforementioned Rrocess: Inter-deRartment: The additional hours will first be offered within the deRartment normally functionally responsible for the task needing com�letion based upon the lowest amount of worked overtime or refused time, also referred to as the "bottom of the list". (Parks, Streets and ShoRs) Other departments: Should the employer still need volunteers, the additional hours will next be offered outside the department normally functionally responsible for the task needing completion based upon the lowest amount of working overtime or refused time, also referred to as the "bottom of the list". (Parks, Streets anq_5Logs Refusal: Should an employee refuse to work the additional hours, they will be chaMed witb__Lwo 2 refused hours that will accumulate the same as and will be considered egual to two (2) hours of overtime for future callout purposes. Seniorily Commencement: Effective Januap� s' of each year, the list of additional hours will zero out and start over based upon the seniority for the first reguest to work additional hours. ARTICLE 11. CALL BACK TIME An employee who is called in for work at a time other than his normal scheduled shift will be compensated for a minimum oftwo (2) hours et the rate of time and one-half and will be paid in cash or in compensatory time-off, as | determined bythe . ARTICLE 12. EARLY CALL-IN PAY | Employees shall receive anadditional 1425$4-.00per hour for all hours worked between midnight and 6:30 a.m. that have not been scheduled atleast 48hours inadvance. ARTICLE 13. LEGAL DEFENSE 12.1 Employees involved in litigation because of neg|igence, ignorance of laws, non-observance of laws, orae a result of employee judgmental decision may not receive legal defense by the municipality. 12.2 Any employee who is charged with o traffic vio|oUon, ordinance violation or criminal offense arising from acts performed within the scope ofhis employment, when such act is performed ingood faith and under direct order ofhis ouparvieoro, shall be reimbursed for reasonable attorney's fees and court costs actually incurred bysuch employee indefending against such charge. ARTICLE 14. SUBCONTRACTING VVC}FlP{ Nothing in this Agreement ohoU prohibit or restrict the right of the Employer from subcontracting work performed by employees covered by this Agreement. ARTICLE 15. DISCIPLINE 15.1 The Employer will discipline employees for just cause only. As an example, discipline can!w*0beinone or more of the following forms: o) ono| reprimand or warning; 8 Page o4ofc4c h\ written �-,'inonU' C) transfer d\ ' suspension;, e\ demotion; or -' . f) discharge. 152 demotions and discharges will b8iOwritten form. 15.3 Written rephmanda, notices of suspension and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by the signature of the employee. Employees and the Union will receive @ copy 0fsuch reprimands and notices. Should discipline or coaching documents be placed in an , s personnel file, the Emplo�Lee and the Union will be notified. After two (2) years the document will sunset for progressive discipline purposes and will not be Public Data after the sunset. 15.4 Erno|oyaea may examine their own individual personnel files at naoaonab|a dnnae under the direct supervision ofthe Employer. 15.5 Discharges will bepreceded byofive /5\day suspension, without pay. 15.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a Union representative present at such questioning. 15.7 Grievances relating to this Article shall be initiated by the Union in Step 3 of the Grievance Procedure, under Article VI. ARTICLE 16. SENIORITY The City will work with an employee who has been promoted to a position within the City but outside of the bargaining unit. who later expnoaaaa a desire to return to the previous job within the bargaining unit, if a vacancy arioto within that workplace. Huvvever, the right to return to the unit with benefits or seniority based on total time with the City shall expire after one (1) year. Seniority will be the determining criterion for tnanahsra. promotions, |ay-offs, and naoa||e, only when all other qualification factors are equal. Seniority shall be established based on each employee's length of continuous service in a position represented by the bargaining unit. Recall rights under this provision ehmU continue for 24 months after the lay-off occurs. Recalled employees shall have 10 working days after notification of recall by registered mail at the employee's last known address toreport for work orforfeit all recall rights. ARTICLE 17. PROBATIONARY PEFl|C>OS 17.1 All newly hired or rehired employees will serve a twelve (12) month probationary period. 17.2 All employees will serve a twelve (12) month probationary period in any classification in which the employee has not served aprobationary period. 17.3 At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion ofthe Employer. 17.4 At any time during the probationary period o promoted or reassigned employee may be demoted or reassigned to the employee's previous position at the sole discretion of the Employer. |fany employee choses to return to his or her previous pooiUon, that employee shall have the right to return, for any reason, within the first twelve months ofworking inthe new position. 0 Page 000fc4c ARTICLE 18. SAFETY The Employer and the Union agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage employees to work in a safe manner. Safety meetings will be held quarterly. ARTICLE 19. JOB POSTING 19.1 The Employer and the Union agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within provided the applicants: a. Have the necessary qualifications to meet the standards of the job vacancy; and b. Have the ability to perform the duties and responsibilities of the job vacancy. 19.2 Employees filling a higher job class based on the provisions of this Article shall be subject to the conditions of Article XVI. Probationary Periods. 19.3 The Employer has the right to final decision in the selection of employees to fill posted jobs based on qualifications, abilities, and experience. 19.4 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE 20. INSURANCE Public Works employees shall receive contributions towards health insurance premiums equal to that of non- contract employees. In addition, the City shall provide life, long-term disability and dental insurance equal to that for non-contract employees. ARTICLE 21. HOLIDAYS The Employer will provide the following eleven (11) paid holidays: New Year's Day(Jan. 1) Veterans' Day (Nov. 11) Martin Luther King Day (31 Mon. in Jan.) Thanksgiving Day (4t" Thur. in Nov.) President's Day (31 Mon. in Feb.) Friday after Thanksgiving Memorial Day(Last Monday in May) Christmas Eve (Dec. 24) Independence Day (July 4) Christmas Day (Dec. 25) Labor Day(First Monday in Sept.) In addition to the above eleven paid holidays, each employee may take one floating holiday to be taken at the request of the employee and approved by the Employer. Said floating holiday is to be taken as a holiday during the current year and cannot be carried over to the next year. In calendar years during which December 24 and/or December 25 fall on a weekend, the Christmas Eve holiday shall be converted to a second floating holiday to be taken on a day of the employee's choice as approved by their supervisor. 10 Page 26 of 242 An employee required to work on a holiday shall be paid or receive compensatory time at the rate of one and one-half(1 1/2)times the employee's base pay, plus the employee's regular rate of pay for the holiday. ARTICLE 22. VACATIONS Vacation leave shall be earned by the employee at the following rate: 0 - 5 years of employment 10 days 6- 15 years of employment 15 days 16-20 years of employment 20 days 21 & over years of employment 1 additional day per year up to 25 days at 25 years Employees who have 0-15 years employment may accumulate no more than 240 hours of vacation leave. Employees who have 16 or more years of employment may accumulate no more than 360 years of vacation leave. An employee who is separated for any reason shall be paid for any accumulated vacation leave, provided however, that should an employee resign without giving two (2) weeks written notice, and except for reasons of ill health, he or she shall forfeit his right to all accumulated vacation leave. Between the observed holidays of Thanksgiving to Easter, the employer may limit absences from the work site. Four 4) bargaining unit members may be absent on any given day, unless management authorizes additional absences due to unusual circumstances or optional weather forecasts. ARTICLE 23. SICK LEAVE An employee shall accumulate sick leave at the rate of eight (8) hours per month to a maximum of nine hundred and sixty(960) hours. The City shall keep track and notify employees who have not accrued the full amount of sick leave for the year (8 hours per month x 12 months = 96 hours) as a result of being at the 960 hour limit. Employees shall receive this notification by November 15 of each year. Those employees shall have the option to receive one (1) hour of pay, one (1) hour of vacation, one (1) hour paid into their HSA= one (1) hour into their deferred compensation account, or one (1) hour into the employee's Health Care Savings Plan ( CSP) for every three (3) hours of sick leave that they would have accrued had they not been at the limit. Such conversion shall be limited to 60 hours of sick leave and must be requested, in writing, by December 1. The conversion shall be reflected in the final payroll of the year. Hours not requested to be converted shall be forfeited. Other provisions applicable to non-contract employees, as established by the City Administrator shall also be applicable. ARTICLE 24. FUNERAL LEAVE Funeral leave for immediate family not to exceed three (3) days will be allowed by the City. Such funeral leave shall not be chargeable to sick leave, but instead shall be a separate bereavement leave. If more than three (3) days are required, the Employee may choose to deduct the extra three (3) from either vacation leave, comp time, or accumulated sick leave. Funeral leave may be granted for the death of the spouse, death of any relative residing permanently with and dependent upon the employee, or death of any child, parent, sibling, grandparent, or grandchild of the employee or of the employee's spouse. 11 Page 27 of 242 ARTICLE 25. SEVERANCE PAY An employee who was a full time employee of the City before January 1, 1980 or who has completed five (5) full years of full time employment with the City of Shakopee and who is separated from his/her position by retirement, discharge, or resignation shall receive a lump sum payment, an amount to equal forty-five percent the value of all accumulated sick leave calculated on the basis of his/her current salary or wage scale, provided that should any employee resign without giving two weeks written notice, except for reasons of ill health, he/she shall forfeit his/her right to all accumulated sick leave. ARTICLE 26. POST-EMPLOYMENT HEALTH CARE SAVINGS PLAN Employees covered under this contract shall be enrolled in the Minnesota State Retirement System (MSRS) Health Care Savings Plan (HCSP). The City shall contribute $ 5 per month to each employee's HCSP, and automatically deposit a percentage of each employee's regular pay, severance pay and comp time buy back, as outlined in Appendix D. ARTICLE 27. INJURY ON DUTY Employees injured while on duty, through no fault of the employee, shall be paid the difference between the employee's regular rate of pay and workers compensation benefits for a period not to exceed twenty-five (25) working days, in accordance with guidelines set forth in M.S. 176.021, Subd. 5. ARTICLE 28. COVERALLS/UNIFORMS/FOOTWEAR 28.1 The City of Shakopee shall provide one (1) set of coveralls, one (1) winter coat, one (1) set of rain gear, high-visibility shirts, and other safety items as needed for each maintenance operator and mechanic, upon approval of the Public Works Superintendent. 28.2 For the duration of this agreement the City of Shakopee will pay 100% of the cost of weekly uniform rental with laundering for five 15-1 miferms—in, five (5) —-+ --- /IN en the shelf and two I')' ;aGkets for the G;+ 1eGhaRiG(6',. The0 ,t. ef the Inifer.m. rental for maintN4apGe. e iVe 5, uniferrns in, five (5) unif-aerns out, one 'IN on the shelf and two 12' . for maintenance operators and mechanics for up to ten (10) items in, ten (10) items out, and two (2) on the shelf (being worn). Employees may choose a combination of pants, jeans, shorts, short sleeved shirts and long- sleeved shirts that will best meet their individual work needs. Employees are responsible to report any requests, changes, or errors to the Public Works Superintendent immediately. 28.3 The City of Shakopee shall provide up to $175 per year toward the purchase of work shoes1 boots or footwear accessories. An itemized receipt must be submitted in order to receive the reimbursement. Footwear purchased with these funds must meet OSHA requirements for the individual's regular job duties. If the desired shoe/boot/accessory costs more than the City's allowance, the employee shall be responsible for the difference. New employees starting prior to July 1 shall be provided with the allowance upon the start of work. Employees starting after July 1 of a given year shall not be eligible for a boot allowance until the first quarter of the following year. ARTICLE 29. REPLACEMENT The Employer shall provide reimbursement/replacement of personal property such as glasses when accidentally damaged while on duty. The Employee must submit a written claim within a reasonably prompt time after the incident. Such claim must be verified by the Supervisor. 12 Page 28 of 242 ARTICLE 30. REQUIRED LICENSES The City will pay the difference bntmxann o standard driver's license, and CDL driver's |ioenoe, with required endorsements atthe time ofrenewal. ARTICLE 31. WAGES The wage [@t8S to be paid Sh@U be as ShOvvD in Appendix A. Each year of the contract, the wage scale will increase across the board three percent (3%). Employees will also receive a step increase on their anniversary date, provided the employee is not at the top step and there is movement on the scale. 31.2 Temporary Lead Assignment: Employees assigned by the Employer as a Tempora!Y Lead shall be paid $1.50 per hour in addition to their base rate of pay for the hours worked in this position. Assignments shall be for a minimum period of 2 hours. The position shall be assigned at the sole discretion of the Empigyer. 31.3 Me Too: In the case that non-union employees of the City receive an annual Cost of Living Adjustment during the course of this agreement that is in excess of the three percent (3%) increases provided for in this agreement, Appendix A shall be adjusted to provide an egual increase to gMplovees covered under this 31.4 Re-opener: In the case that the City comRletes a general wage study, market study, organizational study, compensation study, classification study, or any other similar type of research during the time period covered by this contract, and that the study suQports a wage change for employees covered in this contract, both Lhe City and the Union shall agree to re-open this article and the corresponding Appendix for negotiation. ARTICLE 32. LICENSURE / CERTIFICATION PAY The City of Shakopee and the Union recognize that education and training improve the quality ofthe workforce and the level of service provided to the public. Therefore, the City shall provide premium pay to those employees receiving specified licenses orcertificates, aaoutlined in Appendix B. Premium pay is added to base pay after all other considerations are made. Any employee eligible for premium pay as a result ofobtaining one of the specified licenses orcertifications shall not be entitled to pyramid said payments inexcess of$2.00per hour. ARTICLE 33. RESPONSE TIME REQUIREMENT All employees hired after December 31. 2013 will be required to reside within thirty (30) minutes (weather and traffic permitting) of the Public Works building by the end of their probationary period. If the employer and employee agree to modify the above time line it must be in writing with a copy distributed to the City Administrator and the Union. | ARTICLE 34. WAIVER 32.1 Any and all prior agneements, reso|uUons, pna(tineo, rules and regulations regarding &*nna and conditions of employment, to the extent inconsistent with the provisions of this Aoreennent, are hereby superseded. 32.2 The parties mutually acknowledge that during the negoUaUonn, which resulted in this Aoreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed bylaw from bargaining. All agreements and understandings arrived at by the parties are eat forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate. 13 Page oeofc4c regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this Agreement was negotiated or executed. ARTICLE 35. MEET AND CONFER The City and Union agree to meet and confer regarding items of concern (non-negotiable items) that are brought forth by the Union and the City. ARTICLE 36. DURATION This Agreement shall be effective as of January 1, 2017 and shall remain in full force and effect until December 31, 2019. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of . 2017 . FOR THE CITY OF SHAKOPEE FOR MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION, LOCAL NO. 320 Mayor Local 320 Representative City Administrator Union Steward City Clerk Union Steward 14 Page 30 of 242 APPENDIX A Maintenance Operator 80% 85% 90% 95% 100% Step 1 Step 2 Step 3 Step 4 Step 5 3% increase -- 12-26-2016 $22.99 $24.43 $25.86 $27.30 $28.74 3% increase --12-25-2017 $23.68 $25.16 $26.64 $28.12 $29.60 3% increase- 12-24-2018 $24.39 $25.91 $27.44 $28.96 $30.49 Lead Maintenance Operator Single Step 3% increase -- 12-26-2016 $31.47 3% increase --12-25-2017 $32.41 3% increase -- 12-24-2018 $33.38 Mechanic 80% 85% 90% 95% 100% Step 1 Step 2 Step 3 Step 4 Step 5 3% increase 12-26-2016 $24.50 $26.04 $27.56 $29.10 $30.63 3% increase 12-25-2017 $25.24 $26.82 $28.39 $29.97 $31.55 3% increase 12-24-2018 $26.00 $27.62 $29.24 $30.87 Lead Mechanic Single Step 3% increase 12-26-2016 $33.36 3% increase 12-25-2017 $34.36 3% increase 12-24-2018 $35.39 15 Page 31 of 242 APPENDIX B Licensure & Certification Pay The Employer shall provide the following premium pay to those employees receiving additional licensure or certification related to their position: I. Maintenance Operators A. Public Works Certificate --American Public Works Association (APWA), Minnesota Chapter Public Works Certificate $0.75 / hour premium B. Waste Water Licensure --Class SC Waste Water $0.25 / hour premium --Class SB Waste Water $0.50 / hour premium C. Fertilizer/Chemical Applicator License $0.50 / hour premium D. Playground Inspector Certification $0.50 / hour premium II. Mechanic A. Mechanics Test Series $0.80 / hour premium --Successfully pass 8 tests in the (combined) Medium/Heavy Truck and Automotive Test Series, thereby attaining Master Mechanic status. City shall have final approval on qualifying licenses. B. DOT Inspector Certification $0.50 / hour premium Employees shall consult their supervisor prior to obtaining any of the above listed licenses or certifications, to determine whether the City has a need for additional employees with a particular license or certification. The City has sole authority to determine how many employees with a given license or certificate are needed for the successful operation of the Department, and shall provide premium pay only to that number of employees. However, there shall be no limit on the number of Maintenance Operators that may obtain a Public Works Certificate and the resulting premium pay. If there are more employees interested in obtaining a license or certificate than the City has a need for, the individual(s) with the most seniority will be given the opportunity over other equally qualified candidates. However, once an employee has successfully obtained a given license or certificate and is regularly assigned to perform the related work, they cannot be bumped from that position and the corresponding premium pay by a more senior employee wishing to obtain the license or certificate and subsequent premium pay. In addition to successfully obtaining the license or certificate, the employee must be regularly assigned to work in an applicable position. "Regularly assigned" is defined as at least 6 months per year for item B and at least 3 months per year for C. ** See Article XXXI for additional relevant terms. 16 Page 32 of 242 APPENDIX C POST EMPLOYMENT HEALTH CARE SAVINGS PLAN (HCSP) CONTRIBUTION SCHEDULE FOR Teamsters, Local 320 MEMBERS Years of Service with the City of Hire Beginning 2 Beginning 7 Beginning 16 Beginning Shakopee — 1 yr. through 6 ys. through 15 yr. thru 24 yr. 25f" yr. + % of payroll 0% % 2-% % 53% contribution City Contribution $ 5 per $35 per $35 per $35 per $ 5 per month month month month month End of Year Buy 100% of 100% of 100% of 100% of Back of Comp 0% hours in hours in hours in hours in Time excess of 40 excess of 40 excess of 40 excess of 40 % of Severance NA NA 100% 100% 100% Pay's Accrued Vacation at the Time of 0% 0% 50% 50% 100% Departure Accelerated Sick NA NA NA 100% 100% Leave Payout Sick time accrued above the max cap NA NA 100% 100% 100% (cash, HSA or HCSP * Severance Pay as defined in the City of Shakopee Personnel Handbook 17 Page 33 of 242 Accelerated Sick Leave Severance Payout The City of Shakopee appreciates employees, who through long-term service and dedication, contribute to making the city a successful and positive service provider. In recognition thereof, the City acknowledges such long-term service by providing an accelerated sick leave payout formula listed below if the employee meets all the following conditions: • Full-time or part-time benefit-eligible employee with the City of Shakopee for 15 continuous years or more. • Employee must reach the age (usually age 55, as governed by Minnesota Statutes, 2004, 353.29 and related chapters) and service requirements to be qualified for retirement under PERA. • Employee is separating employment in good standing. • The percentage of the severance pay-out shall be based on a maximum of 960 hours of accumulated sick leave calculated on the basis of the employee's current annual base pay. • The accelerated severance payment will be deposited in the employee's HCSP account not later than the first regularly scheduled payday following the employee's final day of employment. Completion of Continuous Service With the City of Shakopee Step-up Payout formula 15 years 55% 16 years 57% 17 years 59% 18 years 61% 19 years 63% 20 years 65% 21 years 67% 22 years 69% 23 years 71% 24 years 73% 25 years 75% Anniversary date of full-time employment or part-time benefit-eligible date is used to compute years of service with Shakopee. 18 Page 34 of 242 LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION LOCAL NO. 320 Public Works Effective January 1, 2017— December 31, 2019 1 Page 35 of 242 INDEX ARTICLE SUBJECT PAGE Article 1 PURPOSE OF AGREEMENT 3 Article 2 RECOGNITION 3 Article 3 DEFINITIONS 3 Article 4 EMPLOYER SECURITY 4 Article 5 EMPLOYER AUTHORITY 4 Article 6 EMPLOYEE RIGHTS- GRIEVANCE 5 Article 7 UNION SECURITY 6 Article 8 SAVINGS CLAUSE 6 Article 9 WORK SCHEDULE 7 Article 10 OVERTIME 7 Article 11 CALL BACK 8 Article 12 EARLY CALL-IN PAY 8 Article 13 LEGAL DEFENSE 8 Article 14 SUBCONTRACTING WORK 8 Article 15 DISCIPLINE 8 Article 16 SENIORITY 9 Article 17 PROBATIONARY PERIODS 9 Article 18 SAFETY 9 Article 19 JOB POSTING 10 Article 20 INSURANCE 10 Article 21 HOLIDAYS 10 Article 22 VACATIONS 11 Article 23 SICK LEAVE 11 Article 24 FUNERAL LEAVE 11 Article 25 SEVERANCE PAY 11 Article 26 POST EMPLOYMENT HEALTH CARE SAVINGS PLAN 12 Article 27 INJURY ON DUTY 12 Article 28 COVERALLS/UNIFORMS/FOOTWEAR 12 Article 29 REPLACEMENT 12 Article 30 REQUIRED LICENSES 12 Article 31 WAGES 13 Article 32 LICENSE/CERTIFICATION PAY 13 Article 33 RESPONSE TIME REQUIREMENT 13 Article 34 WAIVER 14 Article 35 MEET AND CONFER 14 Article 36 DURATION 14 APPENDIX A SALARY SCHEDULE 15 APPENDIX B LICENSURE & CERTIFICATION PAY 16 APPENDIX C POST EMPLOYMENT HEALTH CARE SAVINGS PLAN 17 2 Page 36 of 242 ARTICLE 1. PURPOSE OF AGREEMENT This Agreement is entered into between the City of Shakopee, hereinafter called the Employer, and the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320, hereinafter called the Union, the intent and purpose of this Agreement is to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; 1.3 Specify the full and complete understanding of the parties, and; 1.4 Place in written form, the party's agreement, upon terms and conditions of employment for the duration of this Agreement. The Employer and the Union, through this Agreement, continue their dedication to the highest quality of public service. Both parties recognize this Agreement as a pledge of this dedication. ARTICLE 2. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statutes, Section 179A.03, Subd. 14 in an appropriate bargaining unit consisting of the following job classifications: Mechanic Maintenance Operator Mechanic Apprentice ARTICLE 3. DEFINITIONS 3.1 UNION: The Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320. 3.2 EMPLOYER: The City of Shakopee 3.3 UNION MEMBER: A member of the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320. 3.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.5 BASE PAY RATE: The employee's hourly pay rate exclusive of longevity or any other special allowance. 3.6 SEVERANCE PAY: Payment made to an employee upon honorable termination of employment. 3.7 OVERTIME: Any employee working more than 40 hours in a seven-day period is to be paid at the overtime rate for the time worked which exceeds 40 hours. Time compensated shall include hours actually worked and hours compensated for, including vacation, sick and comp time taken. Payment is not to be made for time that is taken without pay. 3.8 CALL BACK: Return of an employee to a specified work site to perform assigned duties at the express authorization of the Employer at a time other than an assigned shift. An extension of or early report to an assigned shift is not a call back. 3 Page 37 of 242 3.9 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow-down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensations or the rights, privileges or obligations of employment. 3.10 SEASONAL EMPLOYEES: Employees hired on a temporary, part-time or seasonal basis for the department, may work continuously in this capacity from April to October of each year. Upon completion of work for the department, these employees shall not be eligible for other temporary, and or seasonal employment within the City until April of the next year. Employees employed by the City on a temporary, part-time or seasonal basis will be paid at the rate determined by the Employer for the term of their employment, provided it does not exceed the way of any current bargaining unit member. Such employees shall not be eligible for any benefits under this labor agreement between the employer and the union, except those which may be required by law. Seasonal employees will count toward any payment of lead workers if said payment includes directing seasonal employees. ARTICLE 4. EMPLOYER SECURITY 4.1 The Union agrees that during the life of this Agreement, it will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interference with, the normal functions of the Employer. 4.2 Any employee who engages in a strike may have his/her appointment terminated by the Employer effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the employee. 4.3 An employee who is absent from any portion of his/her work assignment without permission, or who abstains wholly or in part from the full performance of his/her duties without permission from his/her Employer on the date or dates when a strike occurs is prima facia presumed to have engaged in a strike on such date or dates. 4.4 An employee who knowingly strikes and whose employment has been terminated for such action may, subsequent to such violation, be appointed or reappointed or employed or re-employed, but the employee shall be on probation for two years with respect to such civil service status, tenure of employment, or contract of employment, as he/she may have therefore been entitled. 4.5 No employee shall be entitled to any daily pay, wages or per diem for the days on which he/she engaged in a strike. ARTICLE 5. EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules and perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish or eliminate. 5.3 The Employer will meet and confer with the Union over policy changes. In addition, the City will form a Labor/Management Committee to facilitate open communication and cooperation between the city and our unions. 4 Page 38 of 242 ARTICLE 6. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 6.1 Definition of a Grievance. A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 6.2 Union Representatives. The employer will recognize Representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer, in writing, of the names of such Union Representatives and of their successors when so designated, as provided by Section 6.2 of this Agreement. 6.3 Processing of a Grievance. It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided, is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and a Union Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided that the employee and the Union Representative have notified and received the approval of the designated supervisor, who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 6.4 Procedure. Grievances, as defined by Section 6.1, shall be resolved in conformance with the following procedure. Step 1. An employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the Employer-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union, within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days following the Employer-designated representative's final Step 2 answer shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 3 representative. The Employer-designated representative shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer-designated representative's final answer in Step.3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall be submitted to arbitration, subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances", as established by the Public Employment Relations Board. 5 Page 39 of 242 6.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from, the terms of this Agreement. The arbitrator shall consider and decide only the specific issue (s) submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The Arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union, providing that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 6.6 Waiver. If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof, within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union, in each step. ARTICLE 7. UNION SECURITY In recognition of the Union as the exclusive representative, the Employer shall: 7.1 Deduct each payroll period an amount sufficient to provide the payment of dues established by the Union from the Wages of all employees authorizing in writing such deduction or a "fair share" deduction, as provided in Minnesota State Statute 179.65, Subd. 2, if the employee elects not to become a member of the Union. 7.2 Remit such deduction to the appropriate designated officer of the Union. 7.3 The Union may designate certain employees from the bargaining unit to act as stewards and shall inform the Employer in writing of such choice. 7.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. ARTICLE 8. SAVINGS CLAUSE This Agreement is subject to the laws of the United States, the State of Minnesota and the City of Shakopee. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be 6 Page 40 of 242 voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be re-negotiated at the written request of either party. ARTICLE 9. WORK SCHEDULES 9.1 The sole authority in work schedules is the Employer. The normal workday for an employee shall be eight (8) hours. The normal workweek shall be forty (40) hours, Monday through Friday. 9.2 Service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis other than the normal schedule of 6:30 AM to 2:30 PM. The Employer will give two weeks' advance notice to the employees affected by the permanent establishment of workdays different from the employee's normal eight (8) hour workday. 9.3 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet or breakdown of municipal equipment or facilities, the employer is expected to communicate potential upcoming changes to normal work shifts with as much advance notice as possible. It is not required that an employee working other than the normal work day be scheduled to work more than eight (8) hours; however, each employee has an obligation to work overtime or call backs if requested unless circumstances prevent him from so working. 9.4 Service to the public may require the establishment of regular workweeks that schedule work on Saturdays and/or Sundays. ARTICLE 10. OVERTIME 10.1 Overtime, as defined in 3.7, will be compensated at the rate of time and one-half (1 1/2) the employee's base rate of pay. Employees will have their choice of cash or compensatory time off. 10.2 Overtime shall be distributed as equally as practicable using a rotating overtime call list. No prior notice is required for overtime because much of it is of a "call out" nature requiring immediate response. Overtime will be offered to seasonal employees only if full-time employees are contacted and do not want it. 10.3 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 10.4 Employees may maintain a balance of no more than eighty 80 hours of comp time at any one time during the payroll year. Employees may carryover up to 40 hours of accumulated comp time, as of July 31 of each year. Any hours of accumulated comp time in excess of 40 hours will be converted into cash, and paid to the employee or deposited in the employee's Post Employment Health Care Savings Plan. The schedule in Appendix D will be used to determine whether the money is paid to the employee or deposited in their HCSP. The conversion will take place once a year on the pay date in August of each year. 10.5 In all possible scenarios (which could include planned, unplanned, emergency, etc.) hours in addition to regularly scheduled shifts will be offered to full time bargaining unit members follow the aforementioned process: Inter-department: The additional hours will first be offered within the department normally functionally responsible for the task needing completion based upon the lowest amount of worked overtime or refused time, also referred to as the "bottom of the list". (Parks, Streets and Shops) 7 Page 41 of 242 Other departments: Should the employer still need volunteers, the additional hours will next be offered outside the department normally functionally responsible for the task needing completion based upon the lowest amount of working overtime or refused time, also referred to as the "bottom of the list". (Parks, Streets and Shops) Refusal: Should an employee refuse to work the additional hours, they will be charged with two (2) refused hours that will accumulate the same as and will be considered equal to two (2) hours of overtime for future callout purposes. Seniority Commencement: Effective January 1St of each year, the list of additional hours will zero out and start over based upon the seniority for the first request to work additional hours. ARTICLE 11. CALL BACK TIME An employee who is called in for work at a time other than his normal scheduled shift will be compensated for a minimum of two (2) hours at the rate of time and one-half and will be paid in cash or in compensatory time-off, as determined by the Employee. ARTICLE 12. EARLY CALL-IN PAY Employees shall receive an additional $4.25 per hour for all hours worked between midnight and 6:30 a.m. that have not been scheduled at least 48 hours in advance. ARTICLE 13. LEGAL DEFENSE 13.1 Employees involved in litigation because of negligence, ignorance of laws, non-observance of laws, or as a result of employee judgmental decision may not receive legal defense by the municipality. 13.2 Any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of his employment, when such act is performed in good faith and under direct order of his supervisors, shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such employee in defending against such charge. ARTICLE 14. SUBCONTRACTING WORK Nothing in this Agreement shall prohibit or restrict the right of the Employer from subcontracting work performed by employees covered by this Agreement. ARTICLE 15. DISCIPLINE 15.1 The Employer will discipline employees for just cause only. As an example, discipline can be in one or more of the following forms: a) oral reprimand or warning; b) written reprimand; C) transfer; d) suspension; e) demotion; or f) discharge. 15.2 Written reprimands, transfers, suspensions, demotions and discharges will be in written form. 8 Page 42 of 242 15.3 Written reprimands, notices of suspension and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by the signature of the employee. Employees and the Union will receive a copy of such reprimands and notices. Should discipline or coaching documents be placed in an employee's personnel file, the Employee and the Union will be notified. After two (2) years the document will sunset for progressive discipline purposes and will not be Public Data after the sunset. 15.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. 15.5 Discharges will be preceded by a five (5)day suspension, without pay. 15.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a Union representative present at such questioning. 15.7 Grievances relating to this Article shall be initiated by the Union in Step 3 of the Grievance Procedure, under Article VI. ARTICLE 16. SENIORITY The City will work with an employee who has been promoted to a position within the City but outside of the bargaining unit, who later expresses a desire to return to the previous job within the bargaining unit, if a vacancy exists within that workplace. However, the right to return to the unit with benefits or seniority based on total time with the City shall expire after one (1) year. Seniority will be the determining criterion for transfers, promotions, lay-offs, and recalls, only when all other qualification factors are equal. Seniority shall be established based on each employee's length of continuous service in a position represented by the bargaining unit. Recall rights under this provision shall continue for 24 months after the lay-off occurs. Recalled employees shall have 10 working days after notification of recall by registered mail at the employee's last known address to report for work or forfeit all recall rights. ARTICLE 17. PROBATIONARY PERIODS 17.1 All newly hired or rehired employees will serve a twelve (12) month probationary period. 17.2 All employees will serve a twelve (12) month probationary period in any classification in which the employee has not served a probationary period. 17.3 At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the Employer. 17.4 At any time during the probationary period a promoted or reassigned employee may be demoted or reassigned to the employee's previous position at the sole discretion of the Employer. If any employee choses to return to his or her previous position, that employee shall have the right to return, for any reason, within the first twelve months of working in the new position. ARTICLE 18. SAFETY The Employer and the Union agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage employees to work in a safe manner. Safety meetings will be held quarterly. 9 Page 43 of 242 ARTICLE 19. JOB POSTING 19.1 The Employer and the Union agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within provided the applicants: a. Have the necessary qualifications to meet the standards of the job vacancy; and b. Have the ability to perform the duties and responsibilities of the job vacancy. 19.2 Employees filling a higher job class based on the provisions of this Article shall be subject to the conditions of Article XVI. Probationary Periods. 19.3 The Employer has the right to final decision in the selection of employees to fill posted jobs based on qualifications, abilities, and experience. 19.4 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE 20. INSURANCE Public Works employees shall receive contributions towards health insurance premiums equal to that of non- contract employees. In addition, the City shall provide life, long-term disability and dental insurance equal to that for non-contract employees. ARTICLE 21. HOLIDAYS The Employer will provide the following eleven (11) paid holidays: New Year's Day(Jan. 1) Veterans' Day (Nov. 11) Martin Luther King Day (31 Mon. in Jan.) Thanksgiving Day (4t" Thur. in Nov.) President's Day (31 Mon. in Feb.) Friday after Thanksgiving Memorial Day(Last Monday in May) Christmas Eve (Dec. 24) Independence Day (July 4) Christmas Day (Dec. 25) Labor Day(First Monday in Sept.) In addition to the above eleven paid holidays, each employee may take one floating holiday to be taken at the request of the employee and approved by the Employer. Said floating holiday is to be taken as a holiday during the current year and cannot be carried over to the next year. In calendar years during which December 24 and/or December 25 fall on a weekend, the Christmas Eve holiday shall be converted to a second floating holiday to be taken on a day of the employee's choice as approved by their supervisor. An employee required to work on a holiday shall be paid or receive compensatory time at the rate of one and one-half(1 1/2)times the employee's base pay, plus the employee's regular rate of pay for the holiday. 10 Page 44 of 242 ARTICLE 22. VACATIONS Vacation leave shall be earned by the employee at the following rate: 0 - 5 years of employment 10 days 6- 15 years of employment 15 days 16-20 years of employment 20 days 21 & over years of employment 1 additional day per year up to 25 days at 25 years Employees who have 0-15 years employment may accumulate no more than 240 hours of vacation leave. Employees who have 16 or more years of employment may accumulate no more than 360 years of vacation leave. An employee who is separated for any reason shall be paid for any accumulated vacation leave, provided however, that should an employee resign without giving two (2)weeks written notice, and except for reasons of ill health, he or she shall forfeit his right to all accumulated vacation leave. Between the observed holidays of Thanksgiving to Easter, the employer may limit absences from the work site. Four (4) bargaining unit members may be absent on any given day, unless management authorizes additional absences due to unusual circumstances or optional weather forecasts. ARTICLE 23. SICK LEAVE An employee shall accumulate sick leave at the rate of eight (8) hours per month to a maximum of nine hundred and sixty (960) hours. The City shall keep track and notify employees who have not accrued the full amount of sick leave for the year (8 hours per month x 12 months = 96 hours) as a result of being at the 960 hour limit. Employees shall receive this notification by November 15 of each year. Those employees shall have the option to receive one (1) hour of pay, one (1) hour of vacation, one (1) hour paid into their HSA, one (1) hour into their deferred compensation account, or one (1) hour into the employee's Health Care Savings Plan (HCSP) for every three (3) hours of sick leave that they would have accrued had they not been at the limit. Such conversion shall be limited to 60 hours of sick leave and must be requested, in writing, by December 1. The conversion shall be reflected in the final payroll of the year. Hours not requested to be converted shall be forfeited. Other provisions applicable to non-contract employees, as established by the City Administrator shall also be applicable. ARTICLE 24. FUNERAL LEAVE Funeral leave for immediate family not to exceed three (3) days will be allowed by the City. Such funeral leave shall not be chargeable to sick leave, but instead shall be a separate bereavement leave. If more than three (3) days are required, the Employee may choose to deduct the extra three (3) from either vacation leave, comp time, or accumulated sick leave. Funeral leave may be granted for the death of the spouse, death of any relative residing permanently with and dependent upon the employee, or death of any child, parent, sibling, grandparent, or grandchild of the employee or of the employee's spouse. ARTICLE 25. SEVERANCE PAY An employee who was a full time employee of the City before January 1, 1980 or who has completed five (5) full years of full time employment with the City of Shakopee and who is separated from his/her position by retirement, discharge, or resignation shall receive a lump sum payment, an amount to equal forty-five percent the value of all accumulated sick leave calculated on the basis of his/her current salary or wage scale, provided that should any 11 Page 45 of 242 employee resign without giving two weeks written notice, except for reasons of ill health, he/she shall forfeit his/her right to all accumulated sick leave. ARTICLE 26. POST-EMPLOYMENT HEALTH CARE SAVINGS PLAN Employees covered under this contract shall be enrolled in the Minnesota State Retirement System (MSRS) Health Care Savings Plan (HCSP). The City shall contribute $35 per month to each employee's HCSP, and automatically deposit a percentage of each employee's regular pay, severance pay and comp time buy back, as outlined in Appendix D. ARTICLE 27. INJURY ON DUTY Employees injured while on duty, through no fault of the employee, shall be paid the difference between the employee's regular rate of pay and workers compensation benefits for a period not to exceed twenty-five (25) working days, in accordance with guidelines set forth in M.S. 176.021, Subd. 5. ARTICLE 28. COVERALLS/UNIFORMS/FOOTWEAR 28.1 The City of Shakopee shall provide one (1) set of coveralls, one (1) winter coat, one (1) set of rain gear, high-visibility shirts, and other safety items as needed for each maintenance operator and mechanic, upon approval of the Public Works Superintendent. 28.2 For the duration of this agreement the City of Shakopee will pay 100% of the cost of weekly uniform rental with laundering for maintenance operators and mechanics for up to ten (10) items in, ten (10) items out, and two (2) on the shelf (being worn). Employees may choose a combination of pants, jeans, shorts, short sleeved shirts and long-sleeved shirts that will best meet their individual work needs. Employees are responsible to report any requests, changes, or errors to the Public Works Superintendent immediately. 28.3 The City of Shakopee shall provide up to $175 per year toward the purchase of work shoes, boots, or footwear accessories. An itemized receipt must be submitted in order to receive the reimbursement. Footwear purchased with these funds must meet OSHA requirements for the individual's regular job duties. If the desired shoe/boot/accessory costs more than the City's allowance, the employee shall be responsible for the difference. New employees starting prior to July 1 shall be provided with the allowance upon the start of work. Employees starting after July 1 of a given year shall not be eligible for a boot allowance until the first quarter of the following year. ARTICLE 29. REPLACEMENT The Employer shall provide reimbursement/replacement of personal property such as glasses when accidentally damaged while on duty. The Employee must submit a written claim within a reasonably prompt time after the incident. Such claim must be verified by the Supervisor. ARTICLE 30. REQUIRED LICENSES The City will pay the difference between a standard driver's license, and CDL driver's license, with required endorsements at the time of renewal. 12 Page 46 of 242 ARTICLE 31. WAGES The wage rates to be paid shall be as shown in Appendix A. Each year of the contract, the wage scale will increase across the board three percent (3%). Employees will also receive a step increase on their anniversary date, provided the employee is not at the top step and there is movement on the scale. 31.1 Temporary Lead Assignment: Employees assigned by the Employer as a Temporary Lead shall be paid $1.50 per hour in addition to their base rate of pay for the hours worked in this position. Assignments shall be for a minimum period of 2 hours. The position shall be assigned at the sole discretion of the Employer. 31.2 Me Too: In the case that non-union employees of the City receive an annual Cost of Living Adjustment during the course of this agreement that is in excess of the three percent (3%) increases provided for in this agreement, Appendix A shall be adjusted to provide an equal increase to employees covered under this agreement. 31.3 Re-opener: In the case that the City completes a general wage study, market study, organizational study, compensation study, classification study, or any other similar type of research during the time period covered by this contract, and that the study supports a wage change for employees covered in this contract, both the City and the Union shall agree to re-open this article and the corresponding Appendix for negotiation. ARTICLE 32. LICENSURE / CERTIFICATION PAY The City of Shakopee and the Union recognize that education and training improve the quality of the workforce and the level of service provided to the public. Therefore, the City shall provide premium pay to those employees receiving specified licenses or certificates, as outlined in Appendix B. Premium pay is added to base pay after all other considerations are made. Any employee eligible for premium pay as a result of obtaining one of the specified licenses or certifications shall not be entitled to pyramid said payments in excess of$2.00 per hour. ARTICLE 33. RESPONSE TIME REQUIREMENT All employees hired after December 31, 2013 will be required to reside within thirty (30) minutes (weather and traffic permitting) of the Public Works building by the end of their probationary period. If the employer and employee agree to modify the above time line it must be in writing with a copy distributed to the City Administrator and the Union. 13 Page 47 of 242 ARTICLE 34. WAIVER 34.1 Any and all prior agreements, resolutions, practices, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 34.2 The parties mutually acknowledge that during the negotiations, which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate, regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this Agreement was negotiated or executed. ARTICLE 35. MEET AND CONFER The City and Union agree to meet and confer regarding items of concern (non-negotiable items) that are brought forth by the Union and the City. ARTICLE 36. DURATION This Agreement shall be effective as of January 1, 2017 and shall remain in full force and effect until December 31, 2019. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of 2017. FOR THE CITY OF SHAKOPEE FOR MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION, LOCAL NO. 320 Mayor Local 320 Representative City Administrator Union Steward City Clerk Union Steward 14 Page 48 of 242 APPENDIX A Maintenance Operator 80% 85% 90% 95% 100% Step 1 Step 2 Step 3 Step 4 Step 5 3% increase -- 12-26-2016 $22.99 $24.43 $25.86 $27.30 $28.74 3% increase --12-25-2017 $23.68 $25.16 $26.64 $28.12 $29.60 3% increase-- 12-24-2018 $24.39 $25.91 $27.44 $28.96 $30.49 Lead Maintenance Operator Single Step 3% increase -- 12-26-2016 $31.47 3% increase --12-25-2017 $32.41 3% increase -- 12-24-2018 $33.38 Mechanic 80% 85% 90% 95% 100% Step 1 Step 2 Step 3 Step 4 Step 5 3% increase -- 12-26-2016 $24.50 $26.04 $27.56 $29.10 $30.63 3% increase -- 12-25-2017 $25.24 $26.82 $28.39 $29.97 $31.55 3% increase -- 12-24-2018 $26.00 $27.62 $29.24 $30.87 $32.50 Lead Mechanic Single Step 3% increase -- 12-26-2016 $33.36 3% increase -- 12-25-2017 $34.36 3% increase -- 12-24-2018 $35.39 15 Page 49 of 242 APPENDIX B Licensure & Certification Pay The Employer shall provide the following premium pay to those employees receiving additional licensure or certification related to their position: I. Maintenance Operators A. Public Works Certificate --American Public Works Association (APWA), Minnesota Chapter Public Works Certificate $0.75 / hour premium B. Waste Water Licensure --Class SC Waste Water $0.25 / hour premium --Class SB Waste Water $0.50 / hour premium C. Fertilizer/Chemical Applicator License $0.50 / hour premium D. Playground Inspector Certification $0.50 / hour premium II. Mechanic A. Mechanics Test Series $0.80 / hour premium --Successfully pass 8 tests in the (combined) Medium/Heavy Truck and Automotive Test Series, thereby attaining Master Mechanic status. City shall have final approval on qualifying licenses. B. DOT Inspector Certification $0.50 / hour premium Employees shall consult their supervisor prior to obtaining any of the above listed licenses or certifications, to determine whether the City has a need for additional employees with a particular license or certification. The City has sole authority to determine how many employees with a given license or certificate are needed for the successful operation of the Department, and shall provide premium pay only to that number of employees. However, there shall be no limit on the number of Maintenance Operators that may obtain a Public Works Certificate and the resulting premium pay. If there are more employees interested in obtaining a license or certificate than the City has a need for, the individual(s) with the most seniority will be given the opportunity over other equally qualified candidates. However, once an employee has successfully obtained a given license or certificate and is regularly assigned to perform the related work, they cannot be bumped from that position and the corresponding premium pay by a more senior employee wishing to obtain the license or certificate and subsequent premium pay. In addition to successfully obtaining the license or certificate, the employee must be regularly assigned to work in an applicable position. "Regularly assigned" is defined as at least 6 months per year for item B and at least 3 months per year for C. ** See Article XXXI for additional relevant terms. 16 Page 50 of 242 APPENDIX C POST EMPLOYMENT HEALTH CARE SAVINGS PLAN (HCSP) CONTRIBUTION SCHEDULE FOR Teamsters, Local 320 MEMBERS Years of Service with the City of Hire Beginning 2 Beginning 7 Beginning 16 Beginning Shakopee — 1 yr. through 6 yrs. through 15 yr. thru 24 yr. 25f" yr. + % of payroll 0% 2% 3% 4% 5% contribution City Contribution $35 per $35 per $35 per $35 per $35 per month month month month month End of Year Buy 100% of 100% of 100% of 100% of Back of Comp 0% hours in hours in hours in hours in Time excess of 40 excess of 40 excess of 40 excess of 40 % of Severance NA NA 100% 100% 100% Pay's Accrued Vacation at the Time of 0% 0% 50% 50% 100% Departure Accelerated Sick NA NA NA 100% 100% Leave Payout Sick time accrued above the max cap NA NA 100% 100% 100% (cash, HSA or HCSP * Severance Pay as defined in the City of Shakopee Personnel Handbook 17 Page 51 of 242 Accelerated Sick Leave Severance Payout The City of Shakopee appreciates employees, who through long-term service and dedication, contribute to making the city a successful and positive service provider. In recognition thereof, the City acknowledges such long-term service by providing an accelerated sick leave payout formula listed below if the employee meets all the following conditions: • Full-time or part-time benefit-eligible employee with the City of Shakopee for 15 continuous years or more. • Employee must reach the age (usually age 55, as governed by Minnesota Statutes, 2004, 353.29 and related chapters) and service requirements to be qualified for retirement under PERA. • Employee is separating employment in good standing. • The percentage of the severance pay-out shall be based on a maximum of 960 hours of accumulated sick leave calculated on the basis of the employee's current annual base pay. • The accelerated severance payment will be deposited in the employee's HCSP account not later than the first regularly scheduled payday following the employee's final day of employment. Completion of Continuous Service With the City of Shakopee Step-up Payout formula 15 years 55% 16 years 57% 17 years 59% 18 years 61% 19 years 63% 20 years 65% 21 years 67% 22 years 69% 23 years 71% 24 years 73% 25 years 75% Anniversary date of full-time employment or part-time benefit-eligible date is used to compute years of service with Shakopee. 18 Page 52 of 242 *4.B.1. Pb9akA SHAKOPE: Shakopee City Council October 3, 2017 FROM: Kyle Sobota, Senior Planner TO: Mayor and Council Members Subject: Set Public Hearing for Vacation of Certain Drainage and Utility Easements in Maple Trail Estates 1 st and 2nd Additions Policy/Action Requested: Adopt Resolution No. 7935, a resolution setting the public hearing for the request to vacate certain drainage and utility easements in Maple Trail Estates 1 st and 2nd Additions Recommendation: Adopt the resolution as presented. Discussion: Cal Haasken has applied to vacate certain drainage and utility easements within Maple Trail Estates 1st and 2nd Additions. The vacation request will be reviewed at the October 5th Planning Commission meeting. Resolution No. 7935 sets the public hearing for the October 17th City Council meeting. Budget Impact: N/A ATTACHMENTS: D Easement Sketch Page 53 of 242 3S 'V1 MS '3Nn IS3M ' OH � `-61 'Q3S W1 3S'3N11 1SV3 ��J,Ls•1ti-1 CIO ui ao•ros�a . I `.CO•if`.f-R7 o -18 R A Z g JI ~ ayy,,�FM Zw ZZ'W I hO zZ O is ;n �t;ja y� o Li a alris 0 IWh O W � Iq N I f K w W I I 4Z f/l Iy E 0 ' z � 'fir. . •-N�0�136'v1 b� tn�s. VN0 0 M Z E 39.,z392 O � adoa _ A.Nnoo nvv vi.� MbZ,�£.IONion ii41 1vll.; —� 99zz•aY/ 'sul •e1 •o3s J 'f/l 3S 1 3N Wim Q CL y �;:• lrJ U I L1J _j ft i Page 54 of 242 MAPLE TRAIL ESTATES 2ND � <fi a •� i $8'x,0 � l $ R 8 - o "i� NNN o g 8 NI Gsgi u cc Es 3 sr aA s s 1n zP - � S02-06.53"E 591.30 I O N n a � I _• N � „�j LL U i Ali p ZZ I _:131St:3F1CH J N = C/AJ BC 'ON UtlOtl '0] w 00'09Z i' 3.Sf,14005 LU v O �« ( 7� •esus O ry Z �o 010•,`• �^( M D W a�'� 00 €� k K`z +� O 09'LL .26-2-554 i iiviG4�f I W I itrllc..: m� Page 55 of 242 *4.C.1. Pb9akA SHAKOPEE Shakopee City Council October 3, 2017 FROM: Chris Dellwo, Captain TO: Mayor and Council Members Subject: Declare Four Vehicles as Surplus Property Policy/Action Requested: Declare four vehicles as surplus property and authorize their disposal. Recommendation: Approve the policy/action requested. Discussion: The following vehicles were obtained through successful forfeiture proceedings: 1. 2000 Honda Accord, VIN: 1HGCG5647YA033164 2. 2001 Nissan Altima, VIN: 1N4DLO1D41C235453 3. 2003 Toyota Camry, VIN: 4T1BE32K13U253492 4. 2005 Honda Odyssey, VIN: 5FNRL387X5B025529 After being declared surplus, the vehicles will be sold at auction and the proceeds, if any, will be disbursed according to Minnesota State Statute. Budget Impact: None Page 56 of 242 *4.D.1. Pb9akA SHAKOPE: Shakopee City Council October 3, 2017 FROM: Steve Lillehaug, Public Works Director/City Engineer TO: Mayor & Council Members Subject: Update City Code Chapters 50 and 90 Pertaining to Telecommunications and Small Cell Wireless Permitting Policy/Action Requested: 1. Adopt Ordinance 970, repealing City Code sections 50.15 through 50.99 Telecommunications Permit. 2. Adopt Ordinance 971, amending City Code sections 90.30 through 90.99, Right-of-Way Management. Recommendation: Adoption of Ordinance 970 and Ordinance 971. Discussion: Background During the 2017 legislative session, the telecommunications industry sought to gain access to city rights-of-way (ROW) and city structures within those ROW for small cell wireless facilities. They were successful, and the new law grants access to use the ROW and city poles and structures within the ROW throughout the city. In response, the League of Minnesota Cities provided recommended language revisions to the League's model ROW ordinance that reflects the language from the new provisions in Minnesota Statute, Sections 237.12 and 237.163 as expanded in the 2017 Legislative Session to allow for the deployment of small wireless facilities in the ROW. The League's original model ROW ordinance was used as the basis of the city's current ROW ordinance, which was last adopted in 2000. Using the League's model ordinance has served the city well for the past 17 years. Proposed Citv Code Updates City Codes 90.30 through 90.99, Right-of-Way Management, provide the governance to Page 57 of 242 ensure the integrity of its streets and appropriate use of the right-of-way. The proposed City Code updates to this section (see attached) are consistent with and provide for the continuance of this governance as well as providing for the health, safety, and welfare of its citizens. The proposed updates are consistent with the League's model ROW ordinance and are expected to continue to serve the City well. Additionally, with the past update that occurred in 2000 and in conjunction with the current proposed right-of-way management update, City Code Sections 50.15 through 50.99, Telecommunications Permit should be repealed in its entirety. All code requirements pertaining to pennitting for telecommunications are now fully addressed and covered within the updated City Code Section 90, Right-of-Way Management. Small Cell Wireless Facilities Small cell wireless facilities are typically pole mounted antennas. Attached is a "Proposed Design" exhibit that provides an example of antennas that we expect to see. A second exhibit attached shows examples of"installations we prefer to avoid", which provisions in the proposed city code addresses including items such as pole height, pole diameter, avoiding substantial ground mounted support equipment, size of the antenna, aesthetics, etc. There are two general categories of the placement and installation of small cell wireless facilities: 1) on structures owned by the small cell wireless company, and 2) on facilities owned by the city. Under the first category, if they install antennas on their own poles or other private utility company's poles, the city would simply handle this as a normal ROW permit item. Under the second category where the small cell wireless company desires to install their facilities on city infrastructure (e.g. light poles, or other facility), the law allows for and the proposed city code would require a separate colocation agreement between the city and the wireless provider. This agreement between the city and antenna owner would provide the governance for the attachment to the city's poles. The League of Minnesota Cities is in the process of developing a model colocation agreement for this application. It is expected that additional fees and rental rates will apply as part of these colocation agreement arrangements. Budget Impact: No budget impact. ATTACHMENTS: D Antenna examples D City Code 90 - revised tracking version Page 58 of 242 D City Code 90 - final version D City Code 50 - Repeal Page 59 of 242 ,5. ,iwl I l rr 1 �i ////iii i, ,,�i,�'■ N It cu 1,, p I f. r / I . ISI I I I / n �19 iuii�i II i'I` IIS cu I 4-1 I " ISI` ,p I ' 4 ORDINANCE NO. 971 AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA AMENDING SHAKOPEE CITY CODE CHAPTER 90, STREETS AND SIDEWALKS THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1,Chapter 90.30 through 90.99 of the Shakopee City Code is amended to read as follows: CHAPTER 90: STREETS AND SIDEWALKS Section Right-of-Way Management 90.30 Findings, purpose, and intent 90.31 Election to manage the public right-of-way 90.32 Definitions 90.33 Administration 90.34 Utility Coordination Committee 90.35 Registration; right-of-way occupancy and registration information 90.36 Reporting obligations 90.37 Permits 90.38 Issuance of permit; conditions 90.39 Permit fees 90.40 Right-of-way patching and restoration 90.41 Joint applications 90.42 Supplementary applications 90.43 Other obligations 90.44 Denial or revocation of permit 90.45 Installation requirements 90.46 Inspection 90.47 Work done without a permit 90.48 Supplementary notification 90.49 Revocation of permits 90.50 Mapping data 90.51 Undergrounding 90.52 Relocation of facilities 90.53 Interference by other facilities 90.54 Right-of-way vacation; reservation of right 90.55 Indemnification and liability 90.56 Abandoned and unusable facilities 90.57 Appeal 90.58 Reservation of regulatory and police powers 90.99 Penalty 1 Page 62 of 242 i 2 Page 63 of 242 RIGHT-OF-WAY § 90.30 FINDINGS, PURPOSE, AND INTENT. (A) To provide for the health, safety, and welfare of its citizens, and to ensure the integrity of its streets and the appropriate use of the rights-of-way, the city strives to keep its rights-of-way in a state of good repair and free from unnecessary encumbrances. (B) Accordingly, the city enacts this new subchapter relating to right-of-way permits and administration. This subchapter imposes reasonable regulation on the placement and maintenance of facilities and equipment currently within the city's rights-of-way or to be placed therein at some future time. It is intended to complement the regulatory roles of state and federal agencies. Under this subchapter, persons excavating and obstructing the rights-of-way will bear financial responsibility for their work through the recovery of out-of-pocket and projected costs from persons using the public rights-of-way. (C) This section shall be interpreted consistently with 1997 Session Laws, Ch. 123, substantially codified in M.S. §§ 237.16, 237.162, 237.163, 237.79, 237.81, and 238.086 (the "Act"), and 2017 Session laws, Chapter 94 amending the Act as they may be amended from time to time, and the other laws governing applicable rights of the city and users of the right-of-way. This subchapter shall also be interpreted consistent with Minn. Rules 7819.0050 through 7819.9950 where possible. To the extent that any provision of this subchapter cannot be interpreted consistently with the Minn. Rules, the interpretation most consistent with the Act and other applicable statutory and case law is intended. This section shall not be interpreted to limit the mzyulatory and police powers of the city to adopt and enforce general ordinances necessary to protect the health, safety, and welfare of the public. (2013 Code, § 7.17) (Ord. 570, passed 8-24-2000) § 90.31 ELECTION TO MANAGE THE PUBLIC RIGHT-OF-WAY. Pursuant to the authority granted to the city under state and federal statutory, administrative, and common law, the city elects pursuant M.S. § 237.163, subd. 2(b), as it may be amended from time to time, to manage rights-of-way within its jurisdiction. (2013 Code, § 7.17) (Ord. 570, passed 8-24-2000) § 90.32 DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. References to "subdivisions" are, unless otherwise specified, references to subdivisions in this subchapter. 3 Page 64 of 242 ABANDONED FACILITY. A facility no longer in service or physically disconnected from a portion of the operating facility, or from any other facility, that is in use or still carries service. A facility is not abandoned unless declared so by the right-of-way user. APPLICANT. Any person requesting permission to excavate or obstruct a right-of-way. CITY. The City of Shakopee, Minnesota. For purposes of§ 90.54, CITY means its elected officials, officers, employees, and agents. COLLOCATE OR COLLOCATION. To install, mount, maintain, modifv, overate, or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structure or utility pole that is owned privately, or by the city or other governmental unit. Dote: See, Minn. Stat. § 237.162, Subd. 10. COMMISSION. The Minnesota Public Utilities Commission. CONGESTED RIGHT-OF-WAY. A crowded condition in the subsurface of the public right-of-way that occurs when the maximum lateral spacing between existing underground facilities does not allow for construction of new underground facilities without using hand digging to expose the existing lateral facilities in conformance with M.S. § 216D.04, subd. 3, as it may be amended from time to time, over a continuous length in excess of 500 feet. CONSTRUCTION PERFORMANCE BOND. Any of the following forms of security provided at permittee's option: (1) Individual project bond; (2) Cash deposit; (3) Security of a form listed or approved under M.S. § 15.73, as it may be amended from time to time; (4) Letter of credit, in a form acceptable to the city; (5) Self-insurance, in a form acceptable to the city; and (6) A blanket bond for projects within the city, or other form of construction bond, for a time specified and in a form acceptable to the city. DEGRADATION. A decrease in the useful life of the right-of-way caused by excavation in or disturbance of the right-of-way, resulting in the need to reconstruct such right-of-way earlier than would be required if the excavation or disturbance did not occur. DEGRADATION COST. Subject to Minn. Rules 7819.1100, means the cost to achieve a level of restoration as determined by the city at the time the permit is issued, not to exceed the maximum restoration shown in plates 1 to 13, set forth in Minn Rules 7819.9900 to 7819.9950. DEGRADATION FEE. The estimated fee established at the time of permitting by the city to recover costs associated with the decrease in the useful life of the right-of-way caused by the excavation, and which equals the degradation cost. DELAY PENALTY The penalty imposed as a result of unreasonable delays in right-of- way excavation, obstruction, patching, or restoration as established by permit. DEPARTMENT. The Department of Public Works of the city. DEPARTMENT INSPECTOR. Any person authorized by the city to carry out inspections related to the provisions of this subchapter. DIRECTOR. The Director of the Department of Public Works of the city, or the Director's designee. EMERGENCY. A condition that: (1) Poses a danger to life or health, or of a significant loss of property; or (2) Requires immediate repair or replacement of facilities in order to restore service to a customer. 4 Page 65 of 242 EQUIPMENT. Any tangible asset used to install,repair, or maintain facilities in any right-of-way. EXCAVATE. To dig into or in any way remove or physically disturb or penetrate any part of a right-of-way. EXCA VA TION PERMIT. The permit which,pursuant to this subchapter, must be obtained before a person may excavate in a right-of-way. An EXCAVATION PERMIT allows the holder to excavate that part of the right-of-way described in such permit. EXCA VA TION SUBDIVISION PERMIT FEE. Money paid to the city by an applicant to cover the costs as provided in § 90.39. FACILITY or FACILITIES. Tangible asset in the public right-of-way required to provide utility service. The term does not include facilities to the extent the location and relocation of such facilities are preempted by M.S. § 161.45, as it may be amended from time to time, governing utility facility placement in state trunk highways. FIVE-YEAR PROJECTPLAN. Shows projects adopted by the city for construction within the next 5 years. HIGH-DENSITY CORRIDOR. A designated portion of the public right-of-way within which telecommunications right-of-way users having multiple and competing facilities may be required to build and install facilities in a common conduit system or other common structure. HOLE. An excavation in the right-of-way, with the excavation having a length less than the width of the pavement or adjacent pavement. LOCAL REPRESENTATIVE. A local person or persons, or designee of such person or persons, authorized by a registrant to accept service and to make decisions for that registrant regarding all matters within the scope of this subchapter. MANAGEMENT COSTS. The actual costs the city incurs in managing its rights-of-way, including such costs, if incurred, as those associated with registering applicants; issuing, processing, and verifying right-of-way or small wireless facility permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving user facilities during right-of-way work; determining the adequacy of right-of-way restoration; restoring work inadequately performed after providing notice and the opportunity to correct the work; and revoking right-of--way ors all wireless facility permits. MANAGEMENT COSTS do not include payment by a telecommunications right-of-way user for the use of the right-of-way, unreasonable fees of a third-party contractor used by the city including fees tied to or based on customer counts, access lines, or revenues generated by the e riyht-of-way or for the city, the fees and cost of litigation relating to the interpretation of State Session Laws 1997, Ch. 123; M.S. §§ 237.162 or 237.163, as they may be amended from time to time, or any ordinance enacted under those sections, or the city fees and costs related to appeals taken pursuant to § 90.57. OBSTRUCT. To place any tangible object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way. OBSTRUCTION PERMIT. The permit which,pursuant to this subchapter, must be obtained before a person may obstruct a right-of-way, allowing the holder to hinder free and open passage over the specified portion of that right-of-way, for the duration specified therein, including a blanket permit for a period of time and for types of work specified by the Director, if deemed appropriate in Director's discretion. OBSTRUCTION PERMIT FEE. Money paid to the city by a permittee to cover the costs as provided in § 90.39. 5 Page 66 of 242 PATCH or PATCHING. A method of pavement replacement that is temporary in nature. A PATCH consists of: (1) The compaction of the sub-base and aggregate base; and (2) The replacement, in kind, of the existing pavement for a minimum of 2 feet beyond the edges of the excavation in all directions. A PATCH is considered full restoration only when the pavement is included in the city's 5-year project plan. PAVEMENT. Any type of improved surface that is within the public right-of-way and that is paved or otherwise constructed with bituminous, concrete, aggregate, or gravel. PERMIT. Has the meaning given "right-of-way permit" in M.S. § 237.162, as it may be amended from time to time. PERMITTEE. Any person to whom a permit to excavate or obstruct a right-of-way has been granted by the city under this subchapter. PERSON. An individual or entity subject to the laws and rules of this state, however organized, whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether natural, corporate, or political. PROBATION. The status of a person that has not complied with the conditions of this subchapter. PROBATIONARY PERIOD. One year from the date the permittee has been notified in writing that it has been placed on probation. PUBLIC RIGHT-OF-WA Y OR RIGHT=OF=WAY. Has the meaning given it in M.S. § 237.162, subd. 3, as it may be amended from time to time. REGISTRANT. Any person who: (1) Has or seeks to have its equipment or facilities located in any right-of- way; or (2) In any way occupies or uses, or seeks to occupy or use, the right-of-way or place its facilities or equipment in the right-of-way. RESTORE or RESTORATION. The process by which an excavated right-of-way and surrounding area, including pavement and foundation, is returned to the same condition and life expectancy that existed before excavation. RESTORATION COST. The amount of money paid to the city by a permittee to achieve the level of restoration according to plates 1 to 13 of Minn. Rules 7819.1100, subp. 1, on file with the Director. RIGHT-OF-WAY PERMIT. Either the excavation permit or the obstruction permit, or both, depending on the context, required by this subchapter. RIGHT-OF-WAY USER. (1) A telecommunications right-of-way user as defined by M.S. § 237.162, subd. 4, as it may be amended from time to time; or (2) A person owning or controlling a facility in the right-of-way that is used or intended to be used for providing utility service, and who has a right under law, franchise, or ordinance to use the public right-of-way. SERVICE or UTILITYSERVICE. Includes: (1) "Services provided by a public utility" as defined in M.S. § 21613.02, subds. 4 and 6, as it may be amended from time to time; (2) Services of a telecommunications right-of-way user, including transporting of voice or data information; 6 Page 67 of 242 (3) "Services of a cable communications system" as defined in M.S. § 238.02, subd. 3, as it may be amended from time to time; (4) Natural gas or electric energy or telecommunications services provided by a local government unit; (5) Services provided by a cooperative electric association organized under M.S. Ch. 308A; and (6) Water, sewer, steam, cooling, or heating services. SERVICE LATERAL. An underground facility that is used to transmit, distribute, or furnish gas, electricity, communications, or water from a common source to an end-use customer. A SERVICE LATERAL is also an underground facility that is used in the removal of wastewater from a customer's premises. SMALL WIRELESS FACILITY A wireless facility that meets both of the following qualifications: (1) Each antenna is located inside an enclosure of no more than six cubic feet in volume or could fit within such an enclosure• and (2) All other wireless equipment associated with the small wireless facility provided such equipment is, in aggregate, no more than 28 cubic feet in volume, not including electric meters, concealment elements, telecommunications demarcation boxes, battery backuo power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connection of power and other services, and any equipment concealed from public view within or behind an existing- structure or concealment. Note: Minn. Stat. § 237.162, Subd. 11. SUPPLEMENTARYAPPLICATION. An application made to excavate or obstruct more of the right-of-way than allowed in, or to extend, a permit that had already been issued. TELECOMMUNICATIONS RIGHT-OF-WAY USER. A person owning or controlling a facility in the right-of-way, or seeking to own or control a facility in the right-of-way, that is used or is intended to be used for providing wireless service, or transporting telecommunication or other voice or data information. For purposes of this subchapter, a cable communication system defined and regulated under M.S. Ch. 238, as it may be amended from time to time, and telecommunication activities related to providing natural gas or electric energy services.,°erw,at4&r vtea public utility as defined in M.S. § 21613.02, as it may be amended from time to time, a municipality, a municipal gas or power agency organized under M.S. Chs. 453 and 453A, as they may be amended from time to time, or a cooperative electric association organized under M.S. Ch. 308A, as it maybe amended from time to time, are not TELECOMMUNICATIONS RIGHT-OF-WAY USERS for purposes of this subchapter except to the extent such entity is offering wireless service. TEMPORARYSURFACE. The compaction of sub-base and aggregate base and replacement, in kind, of the existing pavement only to the edges of the excavation. It is temporary in nature except when the replacement is of pavement included in the city's 2-year plan, in which case it is considered full restoration. TRENCH. An excavation in the right-of-way, with the excavation having a length equal to or greater than the width of the pavement or adjacent pavement. TWO-YEAR PROJECT PLAN. Shows projects adopted by the city for construction within the next 2 years. (2013 Code, § 7.17) (Ord. 570,passed 8-24-2000; Ord. 760,passed 5-25-2006) 7 Page 68 of 242 UTILITY POLE. A pole that is used in whole or in pail to facilitate telecommunications or electric service. Note: Minn. Stat. � 237.162, Subd. 12. WIRELESS FACILITY Equipment at a fixed location that enables the provision of wireless services between user eguipment and a wireless service network, including equipment associated with wireless service, a radio transceiver, antenna, coaxial, or fiber-optic cable, regular and backup power supplies, and a small wireless facility, but not including wireless support structures, wireline backhaul facilities, or cables between utility poles or wireless support structures, or not otherwise immediately adjacent to and directly associated with a specific antenna. Note: Minn. Stat. § 237.162, Subd. 13. WIRELESS SERVICE. Any service using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or by means of a mobile device, that is provided using wireless facilities. Wireless service does not include services regulated under Title VI of the Communications Act of 1934, as amended, including cable service. WIRELESS SUPPORT STRUCTURE. A new or existing structure in a right-of way desimed to support or capable of supporting small wireless facilities, as reasonablty determined by the city. Note: Minn. Stat. § 237.162, Subd. 16. § 90.33 ADMINISTRATION. The Director is the principal city official responsible for the administration of the rights- of-way, right-of-way permits, and the ordinances related thereto. The Director may delegate any or all of the duties hereunder. (2013 Code, § 7.17) (Ord. 570, passed 8-24-2000) § 90.34 UTILITY COORDINATION COMMITTEE. The city may create an Advisory Utility Coordination Committee. Participation on the Committee is voluntary. It will be composed of any registrants that wish to assist the city in obtaining information and by making recommendations regarding use of the right-of-way, and to improve the process of performing construction work therein. The city may determine the size of such Committee and shall appoint members from a list of registrants that have expressed a desire to assist the city. (2013 Code, § 7.17) (Ord. 570, passed 8-24-2000) § 90.35 REGISTRATION; RIGHT-OF-WAY OCCUPANCY AND REGISTRATION INFORMATION. (A) Registration and right-of-way occupancy. (1) Registration generally. Each person who occupies, uses, or seeks to occupy or use, the right-of-way or place any equipment or facilities in or on the right-of-way, 8 Page 69 of 242 including persons with installation and maintenance responsibilities by lease, sub-lease, or assignment, must register with the city. Registration will consist of providing application information and paying a registration fee. (2) Registration prior to work. No person may construct, install, repair, remove,relocate, or perform any other work on, or use any facilities or any part thereof in any right-of-way without first being registered with the city. (3) Exceptions. (a) Nothing in this subchapter shall be construed to repeal or amend the provisions of a city ordinance establishing the rights of and limitations placed on persons to plant or maintain boulevard plantings or gardens in the area of the right-of-way between their property and the street curb. (b) Persons shall not be deemed to use or occupy the right-of-way, and shall not be required to obtain any permits or satisfy any other requirements under this subchapter for the following: 1. Planting or maintaining boulevard plantings or gardens; 2. Other surface landscaping works; 3. Maintenance of driveways and parking lots unless such maintenance requires excavation work in the right-of-way; 4. Construction or maintenance of street furnishings, bus stop benches, shelters, or posts and pillars; 5. Snow removal activities; 6. Construction and maintenance of irrigation systems provided that the system does not connect directly to water mains in the right-of-way; and 7. Nothing herein relieves a person from complying with the provisions of the M.S. Ch. 216D, as it may be amended from time to time, also known as the Gopher One-Call Law. (B) Registration information. (1) Information required. The information provided to the city at the time of registration shall include, but not be limited to: (a) Each registrant's name, address, and e-mail address if applicable, and telephone and facsimile numbers; (b) The name, address, and e-mail address, if applicable, and telephone and facsimile numbers of a local representative. The local representative or designee shall be accessible for consultation at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration; (c) A certificate of insurance or self-insurance: 1. Verifying that an insurance policy has been issued to the registrant by an insurance company authorized to do business in the state or a form of self insurance acceptable to the city; 2. Verifying that the registrant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the: a. Use and occupancy of the right-of-way by the registrant, its officers, agents, employees, and permittees; and b. Placement and use of facilities and equipment in the right-of-way by the registrant, its officers, agents, employees, and permittees, including,but not 9 Page 70 of 242 limited to,protection against liability arising from completed operations, damage of underground facilities, and collapse of property. 3. Either naming the city as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all such coverages or otherwise providing evidence satisfactory to the Director that the city is fully covered and will be defended through registrant's insurance for all actions included in Minn. Rules 7819.1250; 4. Requiring that the city be notified 30 days in advance of cancellation of the policy or material modification of a coverage term; and 5. Indicating comprehensive liability coverage, automobile liability coverage, worker's compensation, and umbrella coverage established by the city in amounts sufficient to protect the city and the public and to carry out the purposes and policies of this subchapter. 6. If the person is a corporation, a copy of the certificate is required to be filed under Minn. Stat. Sec. 300.06 as recorded and certified to by the Secretary of State. 7. A copv of the person's order rg antinR a certificate of authority from the Minnesota Public Utilities Commission or other authorization or @Vproval from the applicable state or federal agency to lawfully operate, where the person is lawfully required to have such authorization or gpproval from said commission or other state or federal agenc . (d) The city may require a copy of the actual insurance policies if necessary to ensure the Director that the policy provides adequate third-party claim coverage and city indemnity and defense coverage for all actions included in the indemnity required by Minn. Rules 7819.1250; and (e) Such evidence as the Director may require that the person is authorized to do business in the state. (2) Notice of changes. The registrant shall keep all of the information listed above current at all times by providing to the city information as to changes within 15 days following the date on which the registrant has knowledge of any change. (2013 Code, § 7.17) (Ord. 570,passed 8-24-2000; Ord. 578,passed 9-14-2000) § 90.36 REPORTING OBLIGATIONS. (A) Operations. (1) Each registrant shall, at the time of registration and by December 1 of each year, file a construction and major maintenance plan for underground facilities with the city. Such plan shall be submitted using a format designated by the city and shall contain the information determined by the city to be necessary to facilitate the coordination and reduction in the frequency of excavations and obstructions of rights-of-way. (2) The plan shall include,but not be limited to, the following information: (a) The locations and the estimated beginning and ending dates of all projects to be commenced during the next calendar year(in this section, a"next-year project"); and 10 Page 71 of 242 (b) To the extent known, the tentative locations and estimated beginning and ending dates for all projects contemplated for the 5 years following the next calendar year(in this subchapter, a 5-year project). (3) The term PROJECT in this section shall include both next-year projects and 5-year projects. (4) By January 1 of each year, the city will have available for inspection in the city's office a composite list of all projects of which the city has been informed of the annual plans. All registrants are responsible for keeping themselves informed of the current status of this list. Thereafter, by February 1, each registrant may change any project in its list of next-year projects, and must notify the city and all other registrants of all such changes in said list. Notwithstanding the foregoing, a registrant may at any time join in a next-year project of another registrant listed by the other registrant. (B) Additional next year projects. Notwithstanding the foregoing, the city will not deny an application for a right-of-way permit for failure to include a project in a plan submitted to the city if the registrant has used commercially reasonable efforts to anticipate and plan for the proj ect. (2013 Code, § 7.17) (Ord. 570, passed 8-24-2000) § 90.37 PERMITS. (A) Permit required. (1) Except as otherwise provided in this code, no person may obstruct or excavate any right-of-way or install or place facilities in the right-of-way, without first having obtained the appropriate right-of-way permit from the city to do so. (a) Excavation permit. An excavation permit is required by a registrant to excavate that part of the right-of-way described in such permit and to hinder free and open passage over the specified portion of the right-of-way by placing facilities described therein, to the extent and for the duration specified therein. (b) Obstruction permit. An obstruction permit is required by a registrant to hinder free and open passage over the specified portion of the right-of-way by placing equipment described therein on the right-of-way, to the extent and for the duration specified therein. An obstruction permit is not required if a person already possesses a valid excavation permit for the same project. (c) Small Wireless Facilitv Permit. A small wireless facility permit is required by a registrant to erect or install a wireless support structure, to collocate a small wireless facility, or to otherwise install a small wireless facility in the specified portion of the right-of-way, to the extent specified therein, provided that such permit shall remain in effect for the length of time the facility is in use, unless lawfully revoked. Note: Minn. Stat. § 237.163, Subd. 13. (2) Permit extensions. No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless: (a) Such person makes a supplementary application for another right- of-way permit before the expiration of the initial permit; and (b) A new pen-nit or permit extension is granted. (3) Delayer ep nalty. 11 Page 72 of 242 (a) In accordance with Minn. Rules 7819.1000, subp. 3, and notwithstanding § 90.3 1, the city shall establish and impose a delay penalty for unreasonable delays in right-of-way excavation, obstruction, patching, or restoration. (b) The delay penalty shall be established from time to time by City Council resolution. A delay penalty will not be imposed for delays due to force majeure, including inclement weather, civil strife, acts of God, or other circumstances beyond the control of the applicant. (4) Permit display. Permits issued under this subchapter shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the city. (B) Permit applications. Application for a permit is made to the city. Right-of-way permit applications shall contain, and will be considered complete only upon compliance with the requirements of the following provisions: (1) Registration with the city pursuant to this subchapter; (2) Submission of a completed permit application form, including all required attachments, and scaled drawings showing the location and area of the proposed project and the location of all known existing and proposed facilities; (3) Payment of money due the city for: (a) Permit fees, estimated restoration costs, and other management costs; (b) Prior obstructions or excavations; or (c) Any undisputed loss, damage, or expense suffered by the city because of applicant's prior excavations or obstructions of the rights-of-way or any emergency actions taken by the city, (4) (a) Payment of disputed amounts due the city by posting security or depositing in an escrow account an amount equal to at least 100% of the amount owing; and (b) Posting an additional or larger construction performance bond for additional facilities when applicant requests an excavation permit to install additional facilities and the city deems the existing construction performance bond inadequate under applicable standards. (2013 Code, § 7.17) (Ord. 570, passed 8-24-2000) § 90.38 ISSUANCE OF PERMIT; CONDITIONS. (A) Permit issuance. If the applicant has satisfied the requirements of this subchapter, the city shall issue a permit. (B) Conditions. The city may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the health, safety, and welfare or when necessary to protect the right-of-way and its current use. In addition, a permittee must comply with all reduirements of local, state and federal laws, including but not limited to Minnesota Statutes 216D.01 - .09 (Gopher One Call Excavation Notice System) and Minnesota Rules Chapter 7560. � � 2013 Code, § 7.17) (Ord. 570,passed 8-24-2000) (C) Small Wireless Facility Purpose and Findings. -The City desires high Qualily services to accommodate the needs of residents and businesses. At the same time, the City strives 12 Page 73 of 242 to minimize the negative impacts that small wireless facilities can create. These negative impacts include, but are not limited to, interference with right-of-way user sight lines, impacts to right-of- way user circulation, incompatible aesthetics with the surrounding area, fall zone risk, clear zone risk, creating navigation obstacles, interference with future travel w ms, interference with the delivery of other utility services, interference with stormwater management facilities, and increased noise pollution. To minimize these negative impacts, the city will consider impacts to the public health, safety, and welfare when reviewing a small wireless permit application and a request to enter into a small wireless facility collocation agreement. The public health, safety, and welfare can be best accommodated by locating small wireless facilities in the following order, which affords thegreatest protection of the public: (1) Locate outside of the right-of-waw (2) Locate in the right-of-way on or adjacent to Principal Arterial, other Arterial, or Major/Minor Collector roads, as classified by the Metropolitan Council Functional ClassificationS, (3) Collocate on existing wireless suppoit structures within the right-of-way. (4) Locate on a new wireless support structure within the right-of-way that replaces an existing wireless support structure of the same height. (5) Locate on a new wireless support structure within the right-of-way that replaces an existing wireless support structure whose height is less than or equal to 50 feet. (6) Locate on a new wireless support structure within the right-of-way whose height is similar to nearby structures. (7) Locate on a new wireless support structure within the right-of-way whose height is less than or equal to 50 feet. The city will also consider factors such as aesthetic compatibility of the small wireless facility with surrounding structures, ability to eliminate, underground, or screen ground-mounted equipment dangers within the small wireless facility fall zone, distance of the small wireless facility from roads, sidewalks, trails and bicycle lanes, and future roadway, Pedestrian, bicycle, water, wastewater, and stormwater improvement plans for the site before issuing small wireless facility permit or entering into a standard small wireless facility collocation agreement. (D) Small Wireless Facility Conditions. In addition to sections B and C above, the erection or installation of a wireless support structure, the collocation of a small wireless facility, or other installation of a small wireless facility in the right-of-way shall be subject to the followim,, conditions: (1) A small wireless facility shall only be collocated on the particular wireless support structure, under those attachment specification, and at the height indicated in the applicable permit application. (2) No new wireless support structure installed within the right-of-wav shall exceed 50 feet in height above around level without the citv's written authorization, provided that the city may impose a lower height limit in the applicable permit to protect the public health, safety and welfare or to protect the right-of-way and its current use, and further provided that a registrant mav replace an existing wireless support structure exceeding 50 feet in height with a structure of the same her aht subject to such conditions or requirements as may be imposed in the applicable permit. 13 Page 74 of 242 (3) No wireless facility may extend more than 10 feet above its wireless support structure. (4) Where an applicant proposes to install a new wireless support structure in the right-of-way, a 600 feet minimum separation is required between such structure and any existing wireless support structure or other facilities in and around the right-of-way (5) Where an applicant proposes collocation on a decorative wirelesssupport structure, sign or other structure not intended to support small wireless facilities, the city may impose reasonable requirements to accommodate the particular design, appearance or intended purpose of such structure. (6) Where an applicant DrODOSeS to replace a wireless SUDDort structure, the cit may impose reasonable restocking,replacement, or relocation requirements on the replacement of such structure. The diameter of the new wireless SUDDort structure that replaces an existing wireless support structure shall not exceed the diameter of the existing wireless support structure by more than 50 percent. (7) The small wireless facilfty shall have limited exposed cabling and mounting hardware. It shall also match the wireless SUDDort structure it is attached to in color and, as close as practicable, in material and design. (8) The small wireless facility shall not interfere with public safety wireless telecommunications. (9) A small wireless facility attached to an existing wireless SUDDort structure shall not block light emanating from the wireless support structure and shall not otherwise interfere with the original use or intent of the wireless SUDDOrt structure. (10) Ground mounted equipment associated with the small wireless facility is prohibited unless the applicant can show that ground-mounted equipment is necessary for operation of the small wireless facility. If ground-mounted equipment is necessary, it shall comply with other provisions of the city Ordinance and the-following: a. Ground-mounted equipment shall be placed below grade unless not technically feasible; b. Ground-mounted equipment shall not disrupt traffic or pedestrian circulation and shall not interfere with vehicle and pedestrian intersection sight lines and clear zones; C. Ground-mounted equioment shall not create a safety hazard; d. If placed abovegrade, ground-mounted equipment shall be separated from the nearest ground-mounted equipment on the same block by a minimum of 330 feet unless the equipment is placed underground, or unless waived by the Director; e. If placed above grade, ground-mounted equipment shall be limited to 3 feet in hei,2ht and 28 cubic feet in cumulative size. (11) Exemptions. No small wireless facility Permit is required to conduct the following activities in the right-of-way_ a. Routine maintenance of small wireless facility; b. Replacement of a small wireless facility that is substantially similar or smaller in size, weight, height, and wind or structural loading that the small wireless facility being replaced; or C. Installation, placement, maintenance, operation, or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles in compliance with national safety codes. 14 Page 75 of 242 Note: Minn. Stat. � 237.163, Subd. 3b. (E) Small Wireless Facility Agreement. A small wireless facility shall only be collocated on a small wireless support structure owned or controlled by the citv, or any other city asset in the right-of-way, after the aDDlicant has executed a standard small wireless facility collocation agreement with the city. The standard collocation agreement may require payment of rent and maintenance associated with the collocation. Electric service will not be provided by the City. The standard collocation agreement shall be in addition to, and not lieu of, the required small wireless facility permit, provided, however, that the applicant shall not be additionally required to obtain a license or franchise in order to collocate. Issuance of a small wireless facility permit does not supersede, alter or affect any then-existing agreement between the city and applicant. Note: Minn. Stat. 237.163, Subd. _fi(g). (E) Action on Small Wireless Facility Permit Application, (1) Deadline for Action. The city shall approve or deny a small wirelg�faci�fit permit application within 90 days after filing of such application. The small wireless facility permit and any associated building permit application, shall be deemed approved if the city fails to approve or deny the application within the review periods established in this section. (2) Consolidated Applications. An applicant my file a consolidated small wireless facility permit application addressing the proposed collocation of up to 15 small wireless facilities or a treater number if agreed to by a local government unit, provided that all small wireless facilities in the application: a. are located within a two-mile radius; b. consist of substantially similar equiDment-, and c. are to be placed on similar types of wireless support structures. In rendering a decision on a consolidated permit application, the city may approve some small wireless facilities and deny others, but may not use denial of one or more permits as a basis to deny all small wireless facilities in the application. (3) Tollinz ofDeadline. The 90-day deadline for action on a small wireless facility Permit application may be tolled if. (a) The city receives applications from one or more applicants seeking approval of permits for more than 30 small wireless facilities within a seven-day period. In such case, the city may extend the deadline for all such applications by 30 days by informing the affected applicants in writing of such extension. ............................................................(b) The applicant fails to submit all required documents or information and the city Provides written notice of incompleteness to the applicant within 30 days of receipt of the application. Upon submission of additional documents or information, the city shall have ten days to notify the applicant in writing of any still-missim,,information. (c) The city and a small wireless facility applicant agree in writing to toll the review period. Note: Minn. Stat. � 237.163, Subd. 3c. § 90.39 PERMIT FEES. (A) Fee schedule and fee allocation. The city's permit fee schedule shall be available to the public and established in advance where reasonably possible. The permit fees shall be 15 Page 76 of 242 designed to recover the city's actual costs incurred in managing the right-of-way and shall be based on an allocation among all users of the right-of-way, including the city. (B) Excavation permit fee. The city shallt-ab impose an excavation permit fee in an amount sufficient to recover the following costs: (1) The city management costs; and (2) Degradation costs, if applicable. (C) Obstruction permit fee. The city shall is. —e rose an obstruction permit fee and shall be in an amount sufficient to recover the city management costs. (D) Small Wireless Facility Fee. The city shall impose a small wireless facility_pennit fee in an amount sufficient to recover: (1) manw4ement costs, and; (2) city engineering, make-ready, and construction costs associated with collocation of small wireless facilities. (E)—Payment of permit fees. No excavation permit or obstruction pennit shall be issued without payment of excavation or obstruction pen-nit fees. The city may allow the applicant to pay such fees within 30 days of billing, or on some other payment plan agreed to by the Director at the Director's discretion. (EF) Non-refundable. Permit fees that were paid for a permit that the city has revoked for a breach as stated in § 90.49 are not refundable. (4G) Application to franchises. Unless otherwise agreed to in a franchise, management costs may be charged separately from and in addition to the franchise fees imposed on a right-of- way user in the franchise. (2013 Code, § 7.17) (Ord. 570,passed 8-24-2000) § 90.40 RIGHT-OF-WAY PATCHING AND RESTORATION. (A) Timing. The work to be done under the excavation permit, and the patching and restoration of the right-of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of circumstances beyond the control of the permittee or when work was prohibited as unseasonal or unreasonable under § 90.43. (B) Patch and restoration. The permittee must patch its own work. The city may choose either to have the permittee restore the surface and subgrading portions of the right-of- way or to restore the surface portion of the right-of-way itself. (1) City restoration. If the city restores the surface portion of the right-of-way, the permittee shall pay the costs thereof within 30 days of billing. If, following such restoration, the pavement settles due to the permittee's improper backfilling, the permittee shall pay to the city, within 30 days of billing, all costs associated with correcting the defective work. (2) Permittee restoration. If the permittee restores the right-of-way itself, it shall at the time of application for an excavation permit,post a construction performance bond in accordance with the provisions of Minn. Rules 7819.3000. (3) Degradation fee in lieu of restoration. In lieu of right-of-way restoration, a right-of-way user may elect to pay a degradation fee, however, the right-of-way user shall remain responsible for replacing and compacting the subgrade and aggregate based material in the excavation and the degradation fee shall not include the cost to accomplish these responsibilities. 16 Page 77 of 242 (C) Standards. The permittee shall perform patching and restoration according to the standards and with the materials specified by the city and shall comply with Minn. Rules 7819.1100. (D) Duty to correct defects. The permittee shall correct defects in patching,restoration performed by permittee or its agents. Upon notification from the city, the permittee shall correct all restoration work to the extent necessary, using the method required by the city. Unless otherwise agreed to by the Director, said work shall be completed within 5 calendar days of receipt of the notice from the city, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonal or unreasonable under § 90.43. (E) Failure to restore. If the permittee fails to restore the right-of-way in the manner and to the condition required by the city, or fails to satisfactorily and timely complete all restoration required by the city, the city shall notify the permittee in writing of the specific alleged failure or failures and shall allow the permittee 10 days from receipt of said written notice to cure said failure or failures, unless otherwise extended by the Director. In the event the permittee fails to cure, the city may at its option perform the necessary work and permittee shall pay to the city, within 30 days of billing, the cost of restoring the right-of-way. If permittee fails to pay as required, the city may exercise its rights under the construction performance bond. (2013 Code, § 7.17) (Ord. 570,passed 8-24-2000) Penalty, see § 90.99 § 90.41 JOINT APPLICATIONS. (A) Joint application. Registrants may jointly apply for permits to excavate or obstruct the right-of-way at the same place and time. (B) Shared fees. Registrants who apply for permits for the same obstruction or excavation, which the city does not perform, may share in the payment of the obstruction or excavation permit fee. In order to obtain a joint permit, registrants must agree among themselves as to the portion each will pay and indicate the same on their applications. (C) With city projects. Registrants who join in a scheduled obstruction or excavation performed by the city, whether or not it is a joint application by 2 or more registrants or a single application, are not required to pay the excavation or obstruction and degradation portions of the permit fee,but a permit would still be required. (2013 Code, § 7.17) (Ord. 570, passed 8-24-2000) § 90.42 SUPPLEMENTARY APPLICATIONS. (A) Limitation on area. (1) A right-of-way permit is valid only for the area of the right-of-way specified in the permit. No permittee may do any work outside the area specified in the permit, except as provided herein. (2) Any permittee which determines that an area greater than that specified in the permit must be obstructed or excavated must before working in that greater area: (a) Make application for a permit extension and pay any additional fees required thereby; and 17 Page 78 of 242 (b) Be granted a new permit or permit extension. (B) Limitation on dates. A right-of-way permit is valid only for the dates specified in the permit. No permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date. If a permittee does not finish the work by the permit end date, it must apply for a new permit for the additional time it needs and receive the new permit or an extension of the old pen-nit before working after the end date of the previous permit. This supplementary application must be submitted before the permit end date. (2013 Code, § 7.17) (Ord. 570,passed 8-24-2000) § 90.43 OTHER OBLIGATIONS. (A) Compliance with other laws. (1) Obtaining a right-of-way permit does not relieve permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees required by the city or other applicable rule, law, or regulation. A permittee shall comply with all requirements of local, state, and federal laws, including but not limited to, M.S. §§ 216D.01 through 216D.09, as they may be amended from time to time, (Gopher One-Call Excavation Notice System) and Minn. Rules 7560. (2) A permittee shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsible for all work done in the right-of- way pursuant to its permit,regardless of who does the work. (B) Prohibited work. Except in an emergency, and with the approval of the city, no right-of-way obstruction or excavation may be done when seasonally prohibited or when conditions are unreasonable for such work. (C) Interference with right-of-way. A permittee shall not so obstruct a right-of-way that the natural free and clear passage of water through the gutters or other waterways shall be interfered with, unless otherwise approved by the Director. Private vehicles of those doing work in the right-of-way may not be parked within or next to a permit area, unless parked in conformance with city parking regulations. The loading or unloading of trucks must be done solely within the defined permit area unless specifically authorized by the permit. (D) Trenchless excavation. As a condition of all applicable permits, permittees employing trenchless excavation methods, including but not limited to horizontal directional drilling, shall follow all requirements set forth in M.S. Ch. 216D, as it may be amended from time to time, and Minn. Rules 7560, and shall require potholing or open cutting over existing underground utilities before excavating, as determined by the Director. Trenchless excavations deeper than 5 feet will not be permitted without written approval from the Director. (E) Traffic control. A permittee shall implement traffic-control measures in the area of the work and shall use traffic-control procedures in accordance with the most recent manuals on uniform traffic-control, traffic-control devices, and traffic zone layouts published by the state. (2013 Code, § 7.17) (Ord. 570, passed 8-24-2000; Ord. 760,passed 5-25-2006) § 90.44 DENIAL OR REVOCATION OF PERMIT. 18 Page 79 of 242 A Reasons for Denial. The city may deny a permit for failure to meet the requirements and conditions of this subchapter or if the city determines that the denial is necessary to protect the health, safety, and welfare or when necessary to protect the right-of-way and its current use. B) Procedural Requirements. The denial or revocation of a permit must be made in writing and must document the basis for the denial. The city must notif the he aDDlicant or ri2ht- of-way user in writing within three business days of the decision to deny or revoke a hermit. If an application is denied, the right-of-way user may address the reasons for denial identified by the city and resubmit its application. If the application is resubmitted within 30 days of receipt of the notice of denial, no additional application fee shall be imposed. The city must approve or deny the resubmitted application within 30 days after submission. Note: Minn. Stat. § 237.163, Subds. 4(c) and 5(f) (2013 Code, § 7.17) (Ord. 570,passed 8-24-2000) § 90.45 INSTALLATION REQUIREMENTS. (A) The excavation, backfilling,patching, and restoration, and all other work performed in the right-of-way shall be done in conformance with Minn. Rules 7819.1100 and other applicable local requirements, in so far as they are not inconsistent with the M.S. §§ 237.162 and 237.163, as they may be amended from time to time. (B) Installation of service laterals shall be performed in accordance with Minn. Rules Ch. 7560 and this subchapter. Service lateral installation is further subject to those requirements and conditions set forth by the city in the applicable permits, city specifications, city design criteria, and agreements referenced in § 90.50. (2013 Code, § 7.17) (Ord. 570,passed 8-24-2000; Ord. 760, passed 5-25-2006) § 90.46 INSPECTION. (A) Notice of completion. When the work under any permit hereunder is completed, the permittee shall furnish a completion certificate in accordance with Minn. Rules 7819.1300. (B) Site inspection. The permittee shall make the work-site available to the city and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. (C) Authority of Director. (1) At the time of inspection, the Director may order the immediate cessation of any work which poses a serious threat to the life, health, safety, or well-being of the public. (2) The Director may issue an order to the permittee to correct any work that does not conform to the terms of the permit or other applicable standards, conditions, or code. If the work failure is a"substantial breach" within the meaning of M.S. § 237.163, subd. 4(c), as it may be amended from time to time, the order shall state that failure to correct the violation will be cause for revocation of the permit after a specified period determined by the Director. The permittee shall present proof to the Director that the violation has been corrected within the time period set forth by the Director in the order. Such proof shall be provided no later than the next 19 Page 80 of 242 business day following the day of completion. If such proof has not been presented within the required time, the Director may revoke the permit pursuant to § 90.49. (2013 Code, § 7.17) (Ord. 570,passed 8-24-2000) § 90.47 WORK DONE WITHOUT A PERMIT. (A) Emergency situations. (1) Each registrant shall immediately notify the Director of any event regarding its facilities that the registrant considers to be an emergency. The registrant may proceed to take whatever actions are necessary to respond to the emergency. Excavators' notification to Gopher State One-Call regarding an emergency situation does not fulfill this requirement. Within 2 business days after the occurrence of the emergency the registrant shall apply for the necessary permits, pay the fees associated therewith, and fulfill the rest of the requirements necessary to bring itself into compliance with this subchapter for the actions it took in response to the emergency. (2) If the city becomes aware of an emergency regarding a registrant's facilities, the city will attempt to contact the local representative of each registrant affected, or potentially affected, by the emergency. In any event, the city may take whatever action it deems necessary to respond to the emergency, the cost of which shall be borne by the registrant whose facilities occasioned the emergency. (B) Non-emergency situations. Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates a right-of-way, must subsequently obtain a permit, pay an unauthorized work permit fee in an amount established from time to time by the City Council, deposit with the city the fees necessary to correct any damage to the right- of-way, and comply with all of the requirements of this subchapter. (2013 Code, § 7.17) (Ord. 570,passed 8-24-2000; Ord. 760,passed 5-25-2006) § 90.48 SUPPLEMENTARY NOTIFICATION. If the obstruction or excavation of the right-of-way begins later or ends sooner than the date given on the permit, the permittee shall notify the city of the accurate information as soon as this information is known. (2013 Code, § 7.17) (Ord. 570, passed 8-24-2000) § 90.49 REVOCATION OF PERMITS. (A) Substantial breach. (1) The city reserves its right to revoke any right-of-way permit, without a fee refund, if there is a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation, or any material condition of the permit. (2) A substantial breach by permittee shall include, but shall not be limited to, the following: (a) The violation of any material provision of the right-of-way permit; 20 Page 81 of 242 (b) An evasion or attempt to evade any material provision of the right- of-way permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens; (c) Any material misrepresentation of fact in the application for a right-of-way permit; (d) The failure to complete the work in a timely manner; unless a permit extension is obtained or unless the failure to complete work is due to reasons beyond the permittee's control; or (e) The failure to correct, in a timely manner, work that does not conform to a condition indicated on an order issued pursuant to § 90.46(C)(2). (B) Written notice of breach. If the city determines that the permittee has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation, or any condition of the permit, the city shall make a written demand upon the permittee to remedy such violation. The demand shall state that continued violations may be cause for revocation of the permit. A substantial breach, as stated above, will allow the city to place additional or revised conditions on the permit to mitigate and remedy the breach. (C) Response to notice of breach. Within a time established by the Director following the permittee's receipt of notification of the breach, the permittee shall provide the city with a plan to cure the breach, acceptable to the city. The permittee's failure to submit a timely and acceptable plan, or the permittee's failure to timely implement the approved plan, shall be cause for immediate revocation of the permit. Further, the permittee's failure to contact the city, or the permittee's failure to submit an acceptable plan, or the permittee's failure to reasonably implement the approved plan, may result in probation for up to 1 full year. (D) Cause for probation. The city may establish a list of conditions of the permit, that if breached, will be grounds to place the permittee on probation. The city shall not enforce a probation program unless and until it has established such conditions, which it may amend from time to time. (E) Reimbursement of city costs. If a permit is revoked, the permittee shall also reimburse the city for the city's reasonable costs, including restoration costs and the costs of collection and reasonable attorneys' fees incurred in connection with such revocation. (2013 Code, § 7.17) (Ord. 570, passed 8-24-2000) § 90.50 MAPPING DATA. (A) Information required. Each registrant and permittee shall provide mapping information in a form required by the city in accordance with Minn. Rules 7819.4000 and 7819.4100. Within 90 days following completion of any work pursuant to a permit, the permittee shall provide the Director accurate maps and drawings certifying the "as-built" location of all equipment installed, owed, and maintained by the permittee. Such maps and drawings shall include the horizontal and vertical location of all facilities and equipment and shall be provided consistent with the city's electronic mapping system, when practical or as a condition imposed by the Director. Failure to provide maps and drawings pursuant to this division (A) shall be grounds for revoking the permit holder's registration. (B) Service laterals. 21 Page 82 of 242 (1) All permits issued for the installation or repair of service laterals, other than minor repairs as defined in Minn. Rules 7560.0150, subp. 2, shall require the permittee's use of appropriate means of establishing the horizontal locations of installed service laterals and the service lateral vertical locations in those cases where the Director reasonably required it. (2) Permittees or their subcontractors shall submit to the Director evidence satisfactory to the Director of the installed service lateral locations. Compliance with this division (B) and with applicable Gopher State One-Call law and Minn. Rules governing service laterals installed after December 31, 2005 shall be a condition of any city approval necessary for: (a) Payments to contractors working on a public improvement project including those under M.S. Ch. 429, as it may be amended from time to time; and (b) City approval of performance under development agreements, or other subdivision or site plan approval under M.S. Ch. 462, as it may be amended from time to time. The Director shall reasonably determine the appropriate method of providing such information to the city. Failure to provide prompt and accurate information on the service laterals installed may result in the revocation of the permit issued for the work or for future permits to the offending permittee or its subcontractors. (2013 Code, § 7.17) (Ord. 570, passed 8-24-2000; Ord. 760, passed 5-25-2006) § 90.51 UNDERGROUNDING. (A) Purpose. (1) The purpose of this section is to promote the health, safety, and general welfare of the public and is intended to foster: (a) Safe travel over the right-of-way; (b) Non-travel related safety around homes and buildings where overhead feeds are connected; and (c) Orderly development in the city. Location and relocation, installation and reinstallation of facilities in the right-of-way must be made in accordance with this division (A). (2) This section intended to be enforced consistently with state and federal law regulating right-of-way users, specifically including but not limited to M.S. §§ 161.45, 237.162, 237.163, 301B.01, 222.37, 238.084, and 216B.36, and Minnesota.Rules 7819.3100 7819.5000 and 7819.5100 as they may be amended from time to time, and the Telecommunications Act of 1996, 47 U.S.C. § 253, to the extent the rules do not limit authority otherwise available to cities. (B) Undergrounding offacilities. Facilities newly installed, constructed, or otherwise placed in the public right-of-way or in other public property held in common for public use must be located and maintained underground pursuant to the terms and conditions of this subchapter and in accordance with applicable construction standards, subject to the exceptions below. Above-ground installation, construction, modification, or replacement of meters, gauges, transformers, street lighting,pad mount switches, capacitor banks,re-closers, and service connection pedestals shall be allowed. The requirements of this division (B) shall apply equally outside of the corporate limits of the city coincident with city jurisdiction of platting, subdivision regulations, or comprehensive planning as may now or in the future be allowed by law. 22 Page 83 of 242 (C) Exceptions to undergrounding. The following exceptions to the strict application of this section shall be allowed upon the conditions stated. (1) Transmission lines. Above-ground installation, construction, or placement of those facilities commonly referred to as "high voltage transmission lines"upon which a conductor's normal operating voltage equals or exceeds 23,000 volts (phase to phase) shall be allowed only by prior approval of the Council; provided, however, that 60 days prior to commencement of construction of such a project, the city shall be furnished notice of the proposed project and, upon request, the right-of-way user involved shall furnish all relevant information regarding such project to the city. This provision shall not be construed as waiving the requirements of any other ordinance or regulation of the city as the same may apply to any such proposed project. (2) Technical and economic feasibility. Above-ground installation, construction, or placement of facilities shall be allowed in residential, commercial, and industrial areas where the Council, following consideration and recommendation by the Planning Commission, finds that: (a) Underground placement would place an undue financial burden upon the landowner, ratepayers, or right-of-way user or would deprive the landowner of the preservation and enjoyment of substantial property rights; or (b) Underground placement is impractical or not technically feasible due to topographical, sub-soil, or other existing conditions which adversely affect underground facilities placement. (3) Temporary service. Above-ground installation, construction, or placement of temporary service lines shall only be allowed: (a) During new construction of any project for a period not to exceed 24 months; (b) During an emergency in order to safeguard lives or property within the city; and (c) For a period of not more than 7 months when soil conditions make excavation impractical. (D) Undergrounding of permanent replacement, relocated, or reconstructed facilities. (a) If the city finds that 1 or more of the purposes set forth in division (A) above would be promoted, the city may require a permanent replacement, relocation, or reconstruction of a facility of more than 300 feet to be located, and maintained underground, with due regard for seasonal working conditions. For purposes of this subchapter, RECONSTRUCTION means any substantial repair of or any improvement to existing facilities. (b) Undergrounding may be required whether a replacement, relocation, or reconstruction is initiated by the right-of-way user owning or operating the facilities, or by the city in connection with: 1. The present or future use by the city or other local government unit of the right-of-way or other public ground for a public project; 2. The public health or safety; or 3. The safety and convenience of travel over the right-of-way. (E) Retirement of overhead facilities. The City Council may determine whether it is in the public interest that all facilities within the city, or facilities within certain districts designated by the city, be permanently placed and maintained underground by a date certain or target date, independently of undergrounding required pursuant to division (B) above (new facilities) and 23 Page 84 of 242 division (D) above (replacement facilities). The decision to underground must be preceded by a public hearing, after published notice and written notice to the utilities affected(2 weeks published: 30 days written.) At the hearing, the Council must consider items in division(G) below and make findings. Undergrounding may not take place until City Council has, after hearing and notice, adopted a plan containing items in division (H)below. (F) Public hearings. A hearing must be open to the public and may be continued from time to time. At each hearing any person interested must be given an opportunity to be heard. The subject of the public hearings shall be the issue of whether facilities in the right-of-way in the city, or located within a certain district, shall all be located underground by a date certain. Hearings are not necessary for the undergrounding required under divisions (B) and(D) above. (G) Public hearing issues. (1) The issues to be addressed at the public hearings include,but are not limited to: (a) The costs and benefits to the public of requiring the undergrounding of all facilities in the right-of-way; (b) The feasibility and cost of undergrounding all facilities by a date certain as determined by the city and the affected utilities; (c) The tariff requirements,procedure, and rate design for recovery or intended recovery of incremental costs for undergrounding by the utilities from ratepayers within the city; and (d) Alternative financing options available if the city deems it in the public interest to require undergrounding by a date certain and deems it appropriate to participate in the cost otherwise borne by the ratepayers. (2) Upon completion of the hearing or hearings, the City Council must make written findings on whether it is in the public interest to establish a plan under which all facilities will be underground, either city-wide or within districts designated by the city. (H) Undergrounding plan. (1) If the Council finds that it is in the public interest to underground all or substantially all facilities in the public right-of-way or in non-right-of-way public ground, the Council must establish a plan for such undergrounding. (2) The plan for undergrounding must include at least the following elements: (a) Timetable for the undergrounding; (b) Designation of districts for the undergrounding unless the undergrounding plan is city- wide; (c) Exceptions to the undergrounding requirement and procedure for establishing such exceptions; (d) Procedures for the undergrounding process, including, but not limited to, coordination with city projects and provisions to ensure compliance with nondiscrimination requirements under the law; (e) A financing plan for funding of the incremental costs if the city determines that it will finance some of the undergrounding costs, and a determination and verification of the claimed additional costs to underground incurred by the utility; and (f) Penalties or other remedies for failure to comply with the undergrounding. (I) Facilities location. 24 Page 85 of 242 (1) (a) In addition to complying with the requirements of M.S. §§ 216D.01 through 216D.09, as they may be amended from to time ("One-Call Excavation Notice System"),before the start date of any right-of-way excavation, each registrant who has facilities located in the area to be excavated shall mark the horizontal placement of all said facilities. (b) To the extent its records contain such information, each registrant shall provide information regarding the approximate vertical location of its facilities to excavators upon request. (c) Nothing in this division (I) is meant to limit the rights, duties, and obligations of facility owners or excavators as set forth in M.S. §§ 216D.01 through 216D.09, as they may be amended from to time. Any right-of-way user whose facility is less than 20 inches below a concrete or asphalt surface shall notify and work closely with the excavation contractor in an effort to establish and mark the exact horizontal and vertical location of its facility and the best procedure for excavation. (2) All facilities shall be placed in appropriate portions of right-of-way so as to cause minimum conflict with other underground facilities. When technically appropriate, all utilities shall be installed, constructed, or placed within the same trench. (J) Limitation of Space. To protect the health, safety, and welfare, or when necessary to protect the right-of-way and its current use, the city shall have the Mower to prohibit or limit the placement of new or additional facilities within the right-of-way. In making such decisions, the city shall strive to the extent possible to accommodate all existing and potential users of the right-of-way,but shall be guided primarily y considerations of the public interest, the public's needs for particular utilitv service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the right-of-way, and future citV Dlans for public improvements and development projects which have been determined to be in the public interest. (K) Responsibility. All owners,platters, or developers are responsible for complying with the requirements of this section, and prior to final approval of any plat or development plan, shall submit to the Director written instruments from the appropriate right-of-way users showing that all necessary arrangements with said users for installation of such facilities have been made. (2013 Code, § 7.17) (Ord. 570,passed 8-24-2000) § 90.52 RELOCATION OF FACILITIES. A right-of-way user shall promptly and at its own expense, with due regard for seasonal working conditions, permanently remove and relocate its facilities in the right-of-way when it is necessary to prevent interference, and not merely for the convenience of the city, in connection with: (A) A present or future city use of the right-of-way for a public project; (B) The public health or safety; or (C) The safety and convenience of travel over the right-of-way. (2013 Code, § 7.17) (Ord. 570,passed 8-24-2000) § 90.53 INTERFERENCE BY OTHER FACILITIES. 25 Page 86 of 242 When the city does work in the right-of-way in its governmental right-of-way management function and finds it necessary to maintain, support, or move a registrant's facilities to carry out the work without damaging registrant's facilities, the city shall notify the local representative as early as is reasonably possible. The city costs associated therewith will be billed to that registrant and must be paid within 30 days from the date of billing. Each registrant shall be responsible for the cost of repairing any facilities in the right-of-way which it or its facilities damages. (2013 Code, § 7.17) (Ord. 570,passed 8-24-2000) § 90.54 RIGHT-OF-WAY VACATION; RESERVATION OF RIGHT. If the city vacates a right-of-way that contains the facilities of a registrant, the registrant's rights in the vacated right-of-way are governed by Minn. Rules 7819.3200. (2013 Code, § 7.17) (Ord. 570,passed 8-24-2000) § 90.55 INDEMNIFICATION AND LIABILITY. By registering with the city, or by accepting a permit under this subchapter, a registrant or permittee agrees to defend and indemnify the city in accordance with the provisions of Minn. Rules 7819.1250. (2013 Code, § 7.17) (Ord. 570,passed 8-24-2000) § 90.56 ABANDONED AND UNUSABLE FACILITIES. (A) Discontinued operations. A registrant who has determined to discontinue all or a portion of its operations in the city must provide information satisfactory to the city that the registrant's obligations for its facilities in the right-of-way under this subchapter have been lawfully assumed by another registrant. (B) Removal. Any registrant who has abandoned facilities in any right-of-way shall remove it from that right-of-way if required in conjunction with other right-of-way repair, excavation, or construction. (2013 Code, § 7.17) (Ord. 570, passed 8-24-2000) § 90.57 APPEAL. (A) A right-of-way user that: (1) Has been denied registration; (2) Has been denied a permit; (3) Has had permit revoked; (4) Believes that the fees imposed are not in conformity with M.S. § 237.163, subd. 6, as it may be amended from time to time; or 26 Page 87 of 242 (5) Disputes a decision of the Director regarding the mapping data required by § 90.50 may have the denial, revocation, decision, or fee imposition reviewed, upon written request, go to the City Administrator. (B) The City Council shall act on a timely written request at its next regularly scheduled meeting. A decision by the City Council affirming the denial, revocation, or fee imposition will be in writing and supported by written findings establishing the reasonableness of the decision. (2013 Code, § 7.17) (Ord. 570,passed 8-24-2000; Ord. 760,passed 5-25-2006) § 90.58 RESERVATION OF REGULATORY AND POLICE POWERS. A permittee's or registrant's rights are subject to the regulatory and police powers of the city to adopt and enforce general ordinances necessary to protect the health, safety, and welfare of the public. (2013 Code, § 7.17) (Ord. 570, passed 8-24-2000) § 90.99 PENALTY. (A) Every person violates a section, subdivision, paragraph, or provision of this chapter when the person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as follows. (1) Misdemeanor. Where the specific section, subdivision,paragraph, or provision specifically makes violation a misdemeanor, the person shall be punished as for a misdemeanor; where a violation is committed in a manner or under circumstances so as to endanger or be likely to endanger any person or property, the person shall be punished as for a misdemeanor; where the person stands convicted of violation of any provision of this chapter, exclusive of violations relating to the standing or parking of an unattended vehicle, within the immediate preceding 12-month period for the third or subsequent time, the person shall be punished as for a misdemeanor. (2) Petty misdemeanor. As to any violation not constituting a misdemeanor under the provisions of division (A)(1) above, the person shall be punished as for a petty misdemeanor. (2013 Code, § 7.99) (B) Each day that any person continues in violation of§ 90.08 shall be a separate offense, and punishable as such. (2013 Code, § 7.08) (Ord. 1,passed 4-1-1978; Ord. 337, passed 7-23-1992; Ord. 570,passed 8-24-2000) Adopted in regular session of the City Council of the City of Shakopee, Minnesota held this 3rd day of October 2017. Mayor of the City of Shakopee 27 Page 88 of 242 Attest: City Clerk Published in the Shakopee Valley News on the day of , 2017. 28 Page 89 of 242 ORDINANCE NO. 971 AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA AMENDING SHAKOPEE CITY CODE CHAPTER 90, STREETS AND SIDEWALKS THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1,Chapter 90.30 through 90.99 of the Shakopee City Code is amended to read as follows: CHAPTER 90: STREETS AND SIDEWALKS Section Right-of-Way Management 90.30 Findings,purpose, and intent 90.31 Election to manage the public right-of-way 90.32 Definitions 90.33 Administration 90.34 Utility Coordination Committee 90.35 Registration; right-of-way occupancy and registration information 90.36 Reporting obligations 90.37 Permits 90.38 Issuance of permit; conditions 90.39 Permit fees 90.40 Right-of-way patching and restoration 90.41 Joint applications 90.42 Supplementary applications 90.43 Other obligations 90.44 Denial or revocation of permit 90.45 Installation requirements 90.46 Inspection 90.47 Work done without a permit 90.48 Supplementary notification 90.49 Revocation of permits 90.50 Mapping data 90.51 Undergrounding 90.52 Relocation of facilities 90.53 Interference by other facilities 90.54 Right-of-way vacation; reservation of right 90.55 Indemnification and liability 90.56 Abandoned and unusable facilities 90.57 Appeal 90.58 Reservation of regulatory and police powers 90.99 Penalty 1 Page 90 of 242 RIGHT-OF-WAY § 90.30 FINDINGS, PURPOSE, AND INTENT. (A) To provide for the health, safety, and welfare of its citizens, and to ensure the integrity of its streets and the appropriate use of the rights-of-way, the city strives to keep its rights-of-way in a state of good repair and free from unnecessary encumbrances. (B) Accordingly, the city enacts this new subchapter relating to right-of-way permits and administration. This subchapter imposes reasonable regulation on the placement and maintenance of facilities and equipment currently within the city's rights-of-way or to be placed therein at some future time. It is intended to complement the regulatory roles of state and federal agencies. Under this subchapter, persons excavating and obstructing the rights-of-way will bear financial responsibility for their work through the recovery of out-of-pocket and projected costs from persons using the public rights-of-way. (C) This section shall be interpreted consistently with 1997 Session Laws, Ch. 123, substantially codified in M.S. §§ 237.16, 237.162, 237.163, 237.79, 237.81, and 238.086 (the "Act"), and 2017 Session laws, Chapter 94 amending the Act as they may be amended from time to time, and the other laws governing applicable rights of the city and users of the right-of-way. This subchapter shall also be interpreted consistent with Minn. Rules 7819.0050 through 7819.9950 where possible. To the extent that any provision of this subchapter cannot be interpreted consistently with the Minn. Rules, the interpretation most consistent with the Act and other applicable statutory and case law is intended. This section shall not be interpreted to limit the regulatory and police powers of the city to adopt and enforce general ordinances necessary to protect the health, safety, and welfare of the public. (2013 Code, § 7.17) (Ord. 570, passed 8-24-2000) § 90.31 ELECTION TO MANAGE THE PUBLIC RIGHT-OF-WAY. Pursuant to the authority granted to the city under state and federal statutory, administrative, and common law, the city elects pursuant M.S. § 237.163, subd. 2(b), as it may be amended from time to time, to manage rights-of-way within its jurisdiction. (2013 Code, § 7.17) (Ord. 570,passed 8-24-2000) § 90.32 DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. References to "subdivisions" are, unless otherwise specified, references to subdivisions in this subchapter. ABANDONED FACILITY. A facility no longer in service or physically disconnected from a portion of the operating facility, or from any other facility, that is in use or still carries service. A facility is not abandoned unless declared so by the right-of-way user. APPLICANT. Any person requesting permission to excavate or obstruct a right-of-way. 2 Page 91 of 242 CITY. The City of Shakopee, Minnesota. For purposes of§ 90.54, CITY means its elected officials, officers, employees, and agents. COLLOCATE OR COLLOCATION. To install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structure or utility pole that is owned privately, or by the city or other governmental unit. Note: See, Minn. Stat. § 237.162, Subd. 10. COMMISSION. The Minnesota Public Utilities Commission. CONGESTED RIGHT-OF-WAY. A crowded condition in the subsurface of the public right-of-way that occurs when the maximum lateral spacing between existing underground facilities does not allow for construction of new underground facilities without using hand digging to expose the existing lateral facilities in conformance with M.S. § 216D.04, subd. 3, as it may be amended from time to time, over a continuous length in excess of 500 feet. CONSTRUCTION PERFORMANCE BOND. Any of the following forms of security provided at permittee's option: (1) Individual project bond; (2) Cash deposit; (3) Security of a form listed or approved under M.S. § 15.73, as it may be amended from time to time; (4) Letter of credit, in a form acceptable to the city; (5) Self-insurance, in a form acceptable to the city; and (6) A blanket bond for projects within the city, or other form of construction bond, for a time specified and in a form acceptable to the city. DEGRADATION. A decrease in the useful life of the right-of-way caused by excavation in or disturbance of the right-of-way,resulting in the need to reconstruct such right-of-way earlier than would be required if the excavation or disturbance did not occur. DEGRADATION COST. Subject to Minn. Rules 7819.1100, means the cost to achieve a level of restoration as determined by the city at the time the permit is issued, not to exceed the maximum restoration shown in plates 1 to 13, set forth in Minn Rules 7819.9900 to 7819.9950. DEGRADATION FEE. The estimated fee established at the time of permitting by the city to recover costs associated with the decrease in the useful life of the right-of-way caused by the excavation, and which equals the degradation cost. DELAY PENALTY The penalty imposed as a result of unreasonable delays in right-of- way excavation, obstruction, patching, or restoration as established by permit. DEPARTMENT. The Department of Public Works of the city. DEPARTMENT INSPECTOR. Any person authorized by the city to carry out inspections related to the provisions of this subchapter. DIRECTOR. The Director of the Department of Public Works of the city, or the Director's designee. EMERGENCY. A condition that: (1) Poses a danger to life or health, or of a significant loss of property; or (2) Requires immediate repair or replacement of facilities in order to restore service to a customer. EQUIPMENT. Any tangible asset used to install,repair, or maintain facilities in any right-of-way. EXCAVATE. To dig into or in any way remove or physically disturb or penetrate any part of a right-of-way. 3 Page 92 of 242 EXCAVATIONPERMIT. The permit which,pursuant to this subchapter, must be obtained before a person may excavate in a right-of-way. An EXCAVATION PERMIT allows the holder to excavate that part of the right-of-way described in such permit. EXCAVATION SUBDIVISION PERMIT FEE. Money paid to the city by an applicant to cover the costs as provided in § 90.39. FACILITY or FACILITIES. Tangible asset in the public right-of-way required to provide utility service. The term does not include facilities to the extent the location and relocation of such facilities are preempted by M.S. § 161.45, as it may be amended from time to time, governing utility facility placement in state trunk highways. FIVE-YEAR PROJECT PLAN. Shows projects adopted by the city for construction within the next 5 years. HIGH-DENSITY CORRIDOR. A designated portion of the public right-of-way within which telecommunications right-of-way users having multiple and competing facilities may be required to build and install facilities in a common conduit system or other common structure. HOLE. An excavation in the right-of-way, with the excavation having a length less than the width of the pavement or adjacent pavement. LOCAL REPRESENTATIVE. A local person or persons, or designee of such person or persons, authorized by a registrant to accept service and to make decisions for that registrant regarding all matters within the scope of this subchapter. MANAGEMENT COSTS. The actual costs the city incurs in managing its rights-of-way, including such costs, if incurred, as those associated with registering applicants; issuing, processing, and verifying right-of-way or small wireless facility permit applications; inspecting job sites and restoration projects; maintaining, supporting,protecting, or moving user facilities during right-of-way work; determining the adequacy of right-of-way restoration; restoring work inadequately performed after providing notice and the opportunity to correct the work; and revoking right-of-way or small wireless facility permits. MANAGEMENT COSTS do not include payment by a telecommunications right-of-way user for the use of the right-of-way, unreasonable fees of a third-party contractor used by the city including fees tied to or based on customer counts, access lines, or revenues generated by the right-of-way or for the city, the fees and cost of litigation relating to the interpretation of State Session Laws 1997, Ch. 123; M.S. §§ 237.162 or 237.163, as they may be amended from time to time, or any ordinance enacted under those sections, or the city fees and costs related to appeals taken pursuant to § 90.57. OBSTRUCT. To place any tangible object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way. OBSTRUCTION PERMIT. The permit which, pursuant to this subchapter, must be obtained before a person may obstruct a right-of-way, allowing the holder to hinder free and open passage over the specified portion of that right-of-way, for the duration specified therein, including a blanket permit for a period of time and for types of work specified by the Director, if deemed appropriate in Director's discretion. OBSTRUCTION PERMIT FEE. Money paid to the city by a permittee to cover the costs as provided in § 90.39. PATCH or PATCHING. A method of pavement replacement that is temporary in nature. A PATCH consists of. (1) The compaction of the sub-base and aggregate base; and 4 Page 93 of 242 (2) The replacement, in kind, of the existing pavement for a minimum of 2 feet beyond the edges of the excavation in all directions. A PATCH is considered full restoration only when the pavement is included in the city's 5-year project plan. PAVEMENT. Any type of improved surface that is within the public right-of-way and that is paved or otherwise constructed with bituminous, concrete, aggregate, or gravel. PERMIT. Has the meaning given "right-of-way permit" in M.S. § 237.162, as it may be amended from time to time. PERMITTEE. Any person to whom a permit to excavate or obstruct a right-of-way has been granted by the city under this subchapter. PERSON. An individual or entity subject to the laws and rules of this state, however organized, whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether natural, corporate, or political. PROBATION. The status of a person that has not complied with the conditions of this subchapter. PROBATIONARYPERIOD. One year from the date the permittee has been notified in writing that it has been placed on probation. PUBLIC RIGHT-OF-WAY OR RIGHT-OF-WAY. Has the meaning given it in M.S. § 237.162, subd. 3, as it may be amended from time to time. REGISTRANT. Any person who: (1) Has or seeks to have its equipment or facilities located in any right-of- way; or (2) In any way occupies or uses, or seeks to occupy or use, the right-of-way or place its facilities or equipment in the right-of-way. RESTORE or RESTORATION. The process by which an excavated right-of-way and surrounding area, including pavement and foundation, is returned to the same condition and life expectancy that existed before excavation. RESTORATION COST. The amount of money paid to the city by a permittee to achieve the level of restoration according to plates 1 to 13 of Minn. Rules 7819.1100, subp. 1, on file with the Director. RIGHT-OF-WAY PERMIT. Either the excavation permit or the obstruction permit, or both, depending on the context, required by this subchapter. RIGHT-OF-WAY USER. (1) A telecommunications right-of-way user as defined by M.S. § 237.162, subd. 4, as it may be amended from time to time; or (2) A person owning or controlling a facility in the right-of-way that is used or intended to be used for providing utility service, and who has a right under law, franchise, or ordinance to use the public right-of-way. SERVICE or UTILITY SERVICE. Includes: (1) "Services provided by a public utility" as defined in M.S. § 21613.02, subds. 4 and 6, as it may be amended from time to time; (2) Services of a telecommunications right-of-way user, including transporting of voice or data information; (3) "Services of a cable communications system" as defined in M.S. § 238.02, subd. 3, as it may be amended from time to time; (4) Natural gas or electric energy or telecommunications services provided by a local government unit; 5 Page 94 of 242 (5) Services provided by a cooperative electric association organized under M.S. Ch. 308A; and (6) Water, sewer, steam, cooling, or heating services. SERVICE LATERAL. An underground facility that is used to transmit, distribute, or furnish gas, electricity, communications, or water from a common source to an end-use customer. A SERVICE LATERAL is also an underground facility that is used in the removal of wastewater from a customer's premises. SMALL WIRELESS FACILITY. A wireless facility that meets both of the following qualifications: (1) Each antenna is located inside an enclosure of no more than six cubic feet in volume or could fit within such an enclosure; and (2) All other wireless equipment associated with the small wireless facility provided such equipment is, in aggregate, no more than 28 cubic feet in volume, not including electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment. Note: Minn. Stat. § 237.162, Subd. 11. SUPPLEMENTARYAPPLICATION. An application made to excavate or obstruct more of the right-of-way than allowed in, or to extend, a permit that had already been issued. TELECOMMUNICATIONS RIGHT-OF-WAY USER. A person owning or controlling a facility in the right-of-way, or seeking to own or control a facility in the right-of-way, that is used or is intended to be used for providing wireless service, or transporting telecommunication or other voice or data information. For purposes of this subchapter, a cable communication system defined and regulated under M.S. Ch. 238, as it may be amended from time to time, and telecommunication activities related to providing natural gas or electric energy services, a public utility as defined in M.S. § 21613.02, as it may be amended from time to time, a municipality, a municipal gas or power agency organized under M.S. Chs. 453 and 453A, as they may be amended from time to time, or a cooperative electric association organized under M.S. Ch. 308A, as it may be amended from time to time, are not TELECOMMUNICATIONS RIGHT- OF-WAY USERS for purposes of this subchapter except to the extent such entity is offering wireless service. TEMPORARYSURFACE. The compaction of sub-base and aggregate base and replacement, in kind, of the existing pavement only to the edges of the excavation. It is temporary in nature except when the replacement is of pavement included in the city's 2-year plan, in which case it is considered full restoration. TRENCH. An excavation in the right-of-way, with the excavation having a length equal to or greater than the width of the pavement or adjacent pavement. TWO-YEAR PROJECT PLAN. Shows projects adopted by the city for construction within the next 2 years. (2013 Code, § 7.17) (Ord. 570,passed 8-24-2000; Ord. 760,passed 5-25-2006) UTILITY POLE. A pole that is used in whole or in part to facilitate telecommunications or electric service. Note: Minn. Stat. § 237.162, Subd. 12. WIRELESS FACILITY. Equipment at a fixed location that enables the provision of wireless services between user equipment and a wireless service network, including equipment 6 Page 95 of 242 associated with wireless service, a radio transceiver, antenna, coaxial, or fiber-optic cable, regular and backup power supplies, and a small wireless facility, but not including wireless support structures, wireline backhaul facilities, or cables between utility poles or wireless support structures, or not otherwise immediately adjacent to and directly associated with a specific antenna. Note: Minn. Stat. § 237.162, Subd. 13. WIRELESS SERVICE. Any service using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or by means of a mobile device, that is provided using wireless facilities. Wireless service does not include services regulated under Title VI of the Communications Act of 1934, as amended, including cable service. WIRELESS SUPPORT STRUCTURE. A new or existing structure in a right-of-way designed to support or capable of supporting small wireless facilities, as reasonably determined by the city. Note: Minn. Stat. § 237.162, Subd. 16. § 90.33 ADMINISTRATION. The Director is the principal city official responsible for the administration of the rights- of-way, right-of-way permits, and the ordinances related thereto. The Director may delegate any or all of the duties hereunder. (2013 Code, § 7.17) (Ord. 570,passed 8-24-2000) § 90.34 UTILITY COORDINATION COMMITTEE. The city may create an Advisory Utility Coordination Committee. Participation on the Committee is voluntary. It will be composed of any registrants that wish to assist the city in obtaining information and by malting recommendations regarding use of the right-of-way, and to improve the process of performing construction work therein. The city may determine the size of such Committee and shall appoint members from a list of registrants that have expressed a desire to assist the city. (2013 Code, § 7.17) (Ord. 570, passed 8-24-2000) § 90.35 REGISTRATION; RIGHT-OF-WAY OCCUPANCY AND REGISTRATION INFORMATION. (A) Registration and right-of-way occupancy. (1) Registration generally. Each person who occupies, uses, or seeks to occupy or use, the right-of-way or place any equipment or facilities in or on the right-of-way, including persons with installation and maintenance responsibilities by lease, sub-lease, or assignment, must register with the city. Registration will consist of providing application information and paying a registration fee. 7 Page 96 of 242 (2) Registration prior to work. No person may construct, install, repair, remove, relocate, or perform any other work on, or use any facilities or any part thereof in any right-of-way without first being registered with the city. (3) Exceptions. (a) Nothing in this subchapter shall be construed to repeal or amend the provisions of a city ordinance establishing the rights of and limitations placed on persons to plant or maintain boulevard plantings or gardens in the area of the right-of-way between their property and the street curb. (b) Persons shall not be deemed to use or occupy the right-of-way, and shall not be required to obtain any permits or satisfy any other requirements under this subchapter for the following: 1. Planting or maintaining boulevard plantings or gardens; 2. Other surface landscaping works; 3. Maintenance of driveways and parking lots unless such maintenance requires excavation work in the right-of-way; 4. Construction or maintenance of street furnishings, bus stop benches, shelters, or posts and pillars; 5. Snow removal activities; 6. Construction and maintenance of irrigation systems provided that the system does not connect directly to water mains in the right-of-way; and 7. Nothing herein relieves a person from complying with the provisions of the M.S. Ch. 216D, as it may be amended from time to time, also known as the Gopher One-Call Law. (B) Registration information. (1) Information required. The information provided to the city at the time of registration shall include, but not be limited to: (a) Each registrant's naive, address, and e-mail address if applicable, and telephone and facsimile numbers; (b) The name, address, and e-mail address, if applicable, and telephone and facsimile numbers of a local representative. The local representative or designee shall be accessible for consultation at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration; (c) A certificate of insurance or self-insurance: 1. Verifying that an insurance policy has been issued to the registrant by an insurance company authorized to do business in the state or a form of self insurance acceptable to the city; 2. Verifying that the registrant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the: a. Use and occupancy of the right-of-way by the registrant, its officers, agents, employees, and permittees; and b. Placement and use of facilities and equipment in the right-of-way by the registrant, 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. 3. Either naming the city as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided 8 Page 97 of 242 as to all such coverages or otherwise providing evidence satisfactory to the Director that the city is fully covered and will be defended through registrant's insurance for all actions included in Minn. Rules 7819.1250; 4. Requiring that the city be notified 30 days in advance of cancellation of the policy or material modification of a coverage term; and 5. Indicating comprehensive liability coverage, automobile liability coverage, worker's compensation, and umbrella coverage established by the city in amounts sufficient to protect the city and the public and to carry out the purposes and policies of this subchapter. 6. If the person is a corporation, a copy of the certificate is required to be filed under Minn. Stat. Sec. 300.06 as recorded and certified to by the Secretary of State. 7. A copy of the person's order granting a certificate of authority from the Minnesota Public Utilities Commission or other authorization or approval from the applicable state or federal agency to lawfully operate, where the person is lawfully required to have such authorization or approval from said commission or other state or federal agency. (d) The city may require a copy of the actual insurance policies if necessary to ensure the Director that the policy provides adequate third-party claim coverage and city indemnity and defense coverage for all actions included in the indemnity required by Minn. Rules 7819.1250; and (e) Such evidence as the Director may require that the person is authorized to do business in the state. (2) Notice of changes. The registrant shall keep all of the information listed above current at all times by providing to the city information as to changes within 15 days following the date on which the registrant has knowledge of any change. (2013 Code, § 7.17) (Ord. 570, passed 8-24-2000; Ord. 578, passed 9-14-2000) § 90.36 REPORTING OBLIGATIONS. (A) Operations. (1) Each registrant shall, at the time of registration and by December 1 of each year, file a construction and major maintenance plan for underground facilities with the city. Such plan shall be submitted using a format designated by the city and shall contain the information determined by the city to be necessary to facilitate the coordination and reduction in the frequency of excavations and obstructions of rights-of-way. (2) The plan shall include, but not be limited to, the following information: (a) The locations and the estimated beginning and ending dates of all projects to be commenced during the next calendar year(in this section, a"next-year project"); and (b) To the extent known, the tentative locations and estimated beginning and ending dates for all projects contemplated for the 5 years following the next calendar year(in this subchapter, a 5-year project). (3) The term PROJECT in this section shall include both next-year projects and 5-year projects. 9 Page 98 of 242 (4) By January 1 of each year, the city will have available for inspection in the city's office a composite list of all projects of which the city has been informed of the annual plans. All registrants are responsible for keeping themselves informed of the current status of this list. Thereafter, by February 1, each registrant may change any project in its list of next-year projects, and must notify the city and all other registrants of all such changes in said list. Notwithstanding the foregoing, a registrant may at any time join in a next-year project of another registrant listed by the other registrant. (B) Additional next year projects. Notwithstanding the foregoing, the city will not deny an application for a right-of-way permit for failure to include a project in a plan submitted to the city if the registrant has used commercially reasonable efforts to anticipate and plan for the proj ect. (2013 Code, § 7.17) (Ord. 570,passed 8-24-2000) § 90.37 PERMITS. (A) Permit required. (1) Except as otherwise provided in this code, no person may obstruct or excavate any right-of-way, or install or place facilities in the right-of-way, without first having obtained the appropriate right-of-way permit from the city to do so. (a) Excavation permit. An excavation permit is required by a registrant to excavate that part of the right-of-way described in such permit and to hinder free and open passage over the specified portion of the right-of-way by placing facilities described therein, to the extent and for the duration specified therein. (b) Obstruction permit. An obstruction permit is required by a registrant to hinder free and open passage over the specified portion of the right-of-way by placing equipment described therein on the right-of-way, to the extent and for the duration specified therein. An obstruction permit is not required if a person already possesses a valid excavation permit for the same project. (c) Small Wireless Facility Permit. A small wireless facility permit is required by a registrant to erect or install a wireless support structure, to collocate a small wireless facility, or to otherwise install a small wireless facility in the specified portion of the right-of-way, to the extent specified therein,provided that such permit shall remain in effect for the length of time the facility is in use, unless lawfully revoked. Note: Minn. Stat. § 237.163, Subd. 13. (2) Permit extensions. No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless: (a) Such person makes a supplementary application for another right- of-way permit before the expiration of the initial permit; and (b) A new permit or permit extension is granted. (3) Delay penalty. (a) In accordance with Minn. Rules 7819.1000, subp. 3, and notwithstanding § 90.3 1, the city shall establish and impose a delay penalty for unreasonable delays in right-of-way excavation, obstruction,patching, or restoration. (b) The delay penalty shall be established from time to time by City Council resolution. A delay penalty will not be imposed for delays due to force majeure, 10 Page 99 of 242 including inclement weather, civil strife, acts of God, or other circumstances beyond the control of the applicant. (4) Permit display. Permits issued under this subchapter shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the city. (B) Permit applications. Application for a permit is made to the city. Right-of-way permit applications shall contain, and will be considered complete only upon compliance with the requirements of the following provisions: (1) Registration with the city pursuant to this subchapter; (2) Submission of a completed permit application form, including all required attachments, and scaled drawings showing the location and area of the proposed project and the location of all known existing and proposed facilities; (3) Payment of money due the city for: (a) Permit fees, estimated restoration costs, and other management costs; (b) Prior obstructions or excavations; or (c) Any undisputed loss, damage, or expense suffered by the city because of applicant's prior excavations or obstructions of the rights-of-way or any emergency actions taken by the city, (4) (a) Payment of disputed amounts due the city by posting security or depositing in an escrow account an amount equal to at least 100% of the amount owing; and (b) Posting an additional or larger construction performance bond for additional facilities when applicant requests an excavation permit to install additional facilities and the city deems the existing construction performance bond inadequate under applicable standards. (2013 Code, § 7.17) (Ord. 570,passed 8-24-2000) § 90.38 ISSUANCE OF PERMIT; CONDITIONS. (A) Permit issuance. If the applicant has satisfied the requirements of this subchapter, the city shall issue a permit. (B) Conditions. The city may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the health, safety, and welfare or when necessary to protect the right-of-way and its current use. In addition, a permittee must comply with all requirements of local, state and federal laws, including but not limited to Minnesota Statutes 216D.01 - .09 (Gopher One Call Excavation Notice System) and Minnesota Rules Chapter 7560. (2013 Code, § 7.17) (Ord. 570, passed 8-24-2000) (C) Small Wireless Facility Purpose and Findings. The City desires high quality services to accommodate the needs of residents and businesses. At the same time, the City strives to minimize the negative impacts that small wireless facilities can create. These negative impacts include,but are not limited to, interference with right-of-way user sight lines, impacts to right-of- way user circulation, incompatible aesthetics with the surrounding area, fall zone risk, clear zone risk, creating navigation obstacles, interference with future travel way expansion plans, interference with the delivery of other utility services, interference with stormwater management II Page 100 of 242 facilities, and increased noise pollution. To minimize these negative impacts, the city will consider impacts to the public health, safety, and welfare when reviewing a small wireless permit application and a request to enter into a small wireless facility collocation agreement. The public health, safety, and welfare can be best accommodated by locating small wireless facilities in the following order, which affords the greatest protection of the public: (1) Locate outside of the right-of-way. (2) Locate in the right-of-way on or adjacent to Principal Arterial, other Arterial, or Major/Minor Collector roads, as classified by the Metropolitan Council Functional Classification System. (3) Collocate on existing wireless support structures within the right-of-way. (4) Locate on a new wireless support structure within the right-of-way that replaces an existing wireless support structure of the same height. (5) Locate on a new wireless support structure within the right-of-way that replaces an existing wireless support structure whose height is less than or equal to 50 feet. (6) Locate on a new wireless support structure within the right-of-way whose height is similar to nearby structures. (7) Locate on a new wireless support structure within the right-of-way whose height is less than or equal to 50 feet. The city will also consider factors such as aesthetic compatibility of the small wireless facility with surrounding structures, ability to eliminate, underground, or screen ground- mounted equipment, dangers within the small wireless facility fall zone, distance of the small wireless facility from roads, sidewalks, trails and bicycle lanes, and future roadway, pedestrian,bicycle, water, wastewater, and stormwater improvement plans for the site before issuing small wireless facility permit or entering into a standard small wireless facility collocation agreement. (D) Small Wireless Facility Conditions. In addition to sections B and C above, the erection or installation of a wireless support structure, the collocation of a small wireless facility, or other installation of a small wireless facility in the right-of-way shall be subject to the following conditions: (1) A small wireless facility shall only be collocated on the particular wireless support structure, under those attachment specification, and at the height indicated in the applicable permit application. (2) No new wireless support structure installed within the right-of-way shall exceed 50 feet in height above ground level without the city's written authorization, provided that the city may impose a lower height limit in the applicable permit to protect the public health, safety and welfare or to protect the right-of-way and its current use, and further provided that a registrant may replace an existing wireless support structure exceeding 50 feet in height with a structure of the same height subject to such conditions or requirements as may be imposed in the applicable permit. (3) No wireless facility may extend more than 10 feet above its wireless support structure. (4) Where an applicant proposes to install a new wireless support structure in the right-of-way, a 600 feet minimum separation is required between such structure and any existing wireless support structure or other facilities in and around the right-of-way. 12 Page 101 of 242 (5) Where an applicant proposes collocation on a decorative wireless support structure, sign or other structure not intended to support small wireless facilities, the city may impose reasonable requirements to accommodate the particular design, appearance or intended purpose of such structure. (6) Where an applicant proposes to replace a wireless support structure, the city may impose reasonable restocking,replacement, or relocation requirements on the replacement of such structure. The diameter of the new wireless support structure that replaces an existing wireless support structure shall not exceed the diameter of the existing wireless support structure by more than 50 percent. (7) The small wireless facility shall have limited exposed cabling and mounting hardware. It shall also match the wireless support structure it is attached to in color and, as close as practicable, in material and design. (8) The small wireless facility shall not interfere with public safety wireless telecommunications. (9) A small wireless facility attached to an existing wireless support structure shall not block light emanating from the wireless support structure and shall not otherwise interfere with the original use or intent of the wireless support structure. (10) Ground mounted equipment associated with the small wireless facility is prohibited unless the applicant can show that ground-mounted equipment is necessary for operation of the small wireless facility. If ground-mounted equipment is necessary, it shall comply with other provisions of the city Ordinance and the following: a. Ground-mounted equipment shall be placed below grade unless not technically feasible; b. Ground-mounted equipment shall not disrupt traffic or pedestrian circulation and shall not interfere with vehicle and pedestrian intersection sight lines and clear zones; C. Ground-mounted equipment shall not create a safety hazard; d. If placed above grade, ground-mounted equipment shall be separated from the nearest ground-mounted equipment on the same block by a minimum of 330 feet unless the equipment is placed underground, or unless waived by the Director; e. If placed above grade, ground-mounted equipment shall be limited to 3 feet in height and 28 cubic feet in cumulative size. (11) Exemptions. No small wireless facility permit is required to conduct the following activities in the right-of-way: a. Routine maintenance of small wireless facility; b. Replacement of a small wireless facility that is substantially similar or smaller in size, weight, height, and wind or structural loading that the small wireless facility being replaced; or C. Installation,placement, maintenance, operation, or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles in compliance with national safety codes. Note: Minn. Stat. § 237.163, Subd. 3b. (E) Small Wireless Facility Agreement. A small wireless facility shall only be collocated on a small wireless support structure owned or controlled by the city, or any other city asset in the right-of-way, after the applicant has executed a standard small wireless facility collocation agreement with the city. The standard collocation agreement may require payment of 13 Page 102 of 242 rent and maintenance associated with the collocation. Electric service will not be provided by the City. The standard collocation agreement shall be in addition to, and not lieu of, the required small wireless facility permit, provided,however, that the applicant shall not be additionally required to obtain a license or franchise in order to collocate. Issuance of a small wireless facility permit does not supersede, alter or affect any then-existing agreement between the city and applicant. Note: Minn. Stat. § 237.163, Subd. 6(g). (E) Action on Small Wireless Facility Permit Application, (1) Deadline for Action. The city shall approve or deny a small wireless facility permit application within 90 days after filing of such application. The small wireless facility permit and any associated building permit application, shall be deemed approved if the city fails to approve or deny the application within the review periods established in this section. (2) Consolidated Applications. An applicant my file a consolidated small wireless facility permit application addressing the proposed collocation of up to 15 small wireless facilities or a greater number if agreed to by a local government unit, provided that all small wireless facilities in the application: a. are located within a two-mile radius; b. consist of substantially similar equipment; and c. are to be placed on similar types of wireless support structures. In rendering a decision on a consolidated permit application, the city may approve some small wireless facilities and deny others,but may not use denial of one or more permits as a basis to deny all small wireless facilities in the application. (3) Tolling of Deadline. The 90-day deadline for action on a small wireless facility permit application may be tolled if- (a) £(a) The city receives applications from one or more applicants seeking approval of permits for more than 30 small wireless facilities within a seven-day period. In such case, the city may extend the deadline for all such applications by 30 days by informing the affected applicants in writing of such extension. (b) The applicant fails to submit all required documents or information and the city provides written notice of incompleteness to the applicant within 30 days of receipt of the application. Upon submission of additional documents or information, the city shall have ten days to notify the applicant in writing of any still-missing information. (c) The city and a small wireless facility applicant agree in writing to toll the review period. Note: Minn. Stat. § 237.163, Subd. 3c. § 90.39 PERMIT FEES. (A) Fee schedule and fee allocation. The city's permit fee schedule shall be available to the public and established in advance where reasonably possible. The permit fees shall be designed to recover the city's actual costs incurred in managing the right-of-way and shall be based on an allocation among all users of the right-of-way, including the city. (B) Excavation permit fee. The city shall impose an excavation permit fee in an amount sufficient to recover the following costs: (1) The city management costs; and 14 Page 103 of 242 (2) Degradation costs, if applicable. (C) Obstruction permit fee. The city shall impose an obstruction permit fee and shall be in an amount sufficient to recover the city management costs. (D) Small Wireless Facility Fee. The city shall impose a small wireless facility permit fee in an amount sufficient to recover: (1) management costs, and; (2) city engineering, make-ready, and construction costs associated with collocation of small wireless facilities. (E) Payment of permit fees. No excavation permit or obstruction permit shall be issued without payment of excavation or obstruction permit fees. The city may allow the applicant to pay such fees within 30 days of billing, or on some other payment plan agreed to by the Director at the Director's discretion. (F) Non-refundable. Permit fees that were paid for a permit that the city has revoked for a breach as stated in § 90.49 are not refundable. (G) Application to franchises. Unless otherwise agreed to in a franchise, management costs may be charged separately from and in addition to the franchise fees imposed on a right-of- way user in the franchise. (2013 Code, § 7.17) (Ord. 570, passed 8-24-2000) § 90.40 RIGHT-OF-WAY PATCHING AND RESTORATION. (A) Timing. The work to be done under the excavation permit, and the patching and restoration of the right-of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of circumstances beyond the control of the permittee or when work was prohibited as unseasonal or unreasonable under § 90.43. (B) Patch and restoration. The permittee must patch its own work. The city may choose either to have the permittee restore the surface and subgrading portions of the right-of- way or to restore the surface portion of the right-of-way itself. (1) City restoration. If the city restores the surface portion of the right-of-way, the permittee shall pay the costs thereof within 30 days of billing. If, following such restoration, the pavement settles due to the permittee's improper backfilling, the permittee shall pay to the city, within 30 days of billing, all costs associated with correcting the defective work. (2) Permittee restoration. If the permittee restores the right-of-way itself, it shall at the time of application for an excavation permit, post a construction performance bond in accordance with the provisions of Minn. Rules 7819.3000. (3) Degradation fee in lieu of restoration. In lieu of right-of-way restoration, a right-of-way user may elect to pay a degradation fee, however, the right-of-way user shall remain responsible for replacing and compacting the subgrade and aggregate based material in the excavation and the degradation fee shall not include the cost to accomplish these responsibilities. (C) Standards. The permittee shall perform patching and restoration according to the standards and with the materials specified by the city and shall comply with Minn. Rules 7819.1100. (D) Duty to correct defects. The permittee shall correct defects in patching,restoration performed by permittee or its agents. Upon notification from the city, the permittee shall correct 15 Page 104 of 242 all restoration work to the extent necessary, using the method required by the city. Unless otherwise agreed to by the Director, said work shall be completed within 5 calendar days of receipt of the notice from the city, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonal or unreasonable under § 90.43. (E) Failure to restore. If the permittee fails to restore the right-of-way in the manner and to the condition required by the city, or fails to satisfactorily and timely complete all restoration required by the city, the city shall notify the permittee in writing of the specific alleged failure or failures and shall allow the permittee 10 days from receipt of said written notice to cure said failure or failures, unless otherwise extended by the Director. In the event the permittee fails to cure, the city may at its option perform the necessary work and permittee shall pay to the city, within 30 days of billing, the cost of restoring the right-of-way. If permittee fails to pay as required, the city may exercise its rights under the construction performance bond. (2013 Code, § 7.17) (Ord. 570,passed 8-24-2000) Penalty, see § 90.99 § 90.41 JOINT APPLICATIONS. (A) Joint application. Registrants may jointly apply for permits to excavate or obstruct the right-of-way at the same place and time. (B) Shared fees. Registrants who apply for permits for the same obstruction or excavation, which the city does not perform, may share in the payment of the obstruction or excavation permit fee. In order to obtain a joint permit,registrants must agree among themselves as to the portion each will pay and indicate the same on their applications. (C) With city proiects. Registrants who join in a scheduled obstruction or excavation performed by the city, whether or not it is a joint application by 2 or more registrants or a single application, are not required to pay the excavation or obstruction and degradation portions of the permit fee,but a permit would still be required. (2013 Code, § 7.17) (Ord. 570,passed 8-24-2000) § 90.42 SUPPLEMENTARY APPLICATIONS. (A) Limitation on area. (1) A right-of-way permit is valid only for the area of the right-of-way specified in the permit. No permittee may do any work outside the area specified in the permit, except as provided herein. (2) Any permittee which determines that an area greater than that specified in the permit must be obstructed or excavated must before working in that greater area: (a) Make application for a permit extension and pay any additional fees required thereby; and (b) Be granted a new permit or permit extension. (B) Limitation on dates. A right-of-way permit is valid only for the dates specified in the permit. No permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date. If a permittee does not finish the work by the permit end date, it must apply for a new permit for the additional time it needs and receive the new 16 Page 105 of 242 permit or an extension of the old permit before working after the end date of the previous permit. This supplementary application must be submitted before the permit end date. (2013 Code, § 7.17) (Ord. 570,passed 8-24-2000) § 90.43 OTHER OBLIGATIONS. (A) Compliance with other laws. (1) Obtaining a right-of-way permit does not relieve permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees required by the city or other applicable rule, law, or regulation. A permittee shall comply with all requirements of local, state, and federal laws, including but not limited to, M.S. §§ 216D.01 through 216D.09, as they may be amended from time to time, (Gopher One-Call Excavation Notice System) and Minn. Rules 7560. (2) A permittee shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsible for all work done in the right-of- way pursuant to its permit, regardless of who does the work. (B) Prohibited work. Except in an emergency, and with the approval of the city, no right-of-way obstruction or excavation may be done when seasonally prohibited or when conditions are unreasonable for such work. (C) Interference with right-of--way. A permittee shall not so obstruct a right-of-way that the natural free and clear passage of water through the gutters or other waterways shall be interfered with, unless otherwise approved by the Director. Private vehicles of those doing work in the right-of-way may not be parked within or next to a permit area, unless parked in conformance with city parking regulations. The loading or unloading of trucks must be done solely within the defined permit area unless specifically authorized by the permit. (D) Trenchless excavation. As a condition of all applicable permits,permittees employing trenchless excavation methods, including but not limited to horizontal directional drilling, shall follow all requirements set forth in M.S. Ch. 216D, as it may be amended from time to time, and Minn. Rules 7560, and shall require potholing or open cutting over existing underground utilities before excavating, as determined by the Director. Trenchless excavations deeper than 5 feet will not be permitted without written approval from the Director. (E) Trak control. A permittee shall implement traffic-control measures in the area of the work and shall use traffic-control procedures in accordance with the most recent manuals on uniform traffic-control, traffic-control devices, and traffic zone layouts published by the state. (2013 Code, § 7.17) (Ord. 570, passed 8-24-2000; Ord. 760, passed 5-25-2006) § 90.44 DENIAL OR REVOCATION OF PERMIT. (A) Reasons for Denial. The city may deny a permit for failure to meet the requirements and conditions of this subchapter or if the city determines that the denial is necessary to protect the health, safety, and welfare or when necessary to protect the right-of-way and its current use. (B) Procedural Requirements. The denial or revocation of a permit must be made in writing and must document the basis for the denial. The city must notify the applicant or right- 17 Page 106 of 242 of-way user in writing within three business days of the decision to deny or revoke a permit. If an application is denied, the right-of-way user may address the reasons for denial identified by the city and resubmit its application. If the application is resubmitted within 30 days of receipt of the notice of denial, no additional application fee shall be imposed. The city must approve or deny the resubmitted application within 30 days after submission. Note: Minn. Stat. § 237.163, Subds. 4(c) and 5(f) (2013 Code, § 7.17) (Ord. 570,passed 8-24-2000) § 90.45 INSTALLATION REQUIREMENTS. (A) The excavation, backfilling,patching, and restoration, and all other work performed in the right-of-way shall be done in conformance with Minn. Rules 7819.1100 and other applicable local requirements, in so far as they are not inconsistent with the M.S. §§ 237.162 and 237.163, as they may be amended from time to time. (B) Installation of service laterals shall be performed in accordance with Minn. Rules Ch. 7560 and this subchapter. Service lateral installation is further subject to those requirements and conditions set forth by the city in the applicable permits, city specifications, city design criteria, and agreements referenced in § 90.50. (2013 Code, § 7.17) (Ord. 570,passed 8-24-2000; Ord. 760, passed 5-25-2006) § 90.46 INSPECTION. (A) Notice of completion. When the work under any permit hereunder is completed, the permittee shall furnish a completion certificate in accordance with Minn. Rules 7819.1300. (B) Site inspection. The permittee shall make the work-site available to the city and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. (C) Authority of Director. (1) At the time of inspection,the Director may order the immediate cessation of any work which poses a serious threat to the life,health, safety, or well-being of the public. (2) The Director may issue an order to the permittee to correct any work that does not conform to the terms of the permit or other applicable standards, conditions, or code. If the work failure is a"substantial breach"within the meaning of M.S. § 237.163, subd. 4(c), as it may be amended from time to time, the order shall state that failure to correct the violation will be cause for revocation of the permit after a specified period determined by the Director. The permittee shall present proof to the Director that the violation has been corrected within the time period set forth by the Director in the order. Such proof shall be provided no later than the next business day following the day of completion. If such proof has not been presented within the required time, the Director may revoke the permit pursuant to § 90.49. (2013 Code, § 7.17) (Ord. 570,passed 8-24-2000) § 90.47 WORK DONE WITHOUT A PERMIT. 18 Page 107 of 242 (A) Emergency situations. (1) Each registrant shall immediately notify the Director of any event regarding its facilities that the registrant considers to be an emergency. The registrant may proceed to take whatever actions are necessary to respond to the emergency. Excavators' notification to Gopher State One-Call regarding an emergency situation does not fulfill this requirement. Within 2 business days after the occurrence of the emergency the registrant shall apply for the necessary permits,pay the fees associated therewith, and fulfill the rest of the requirements necessary to bring itself into compliance with this subchapter for the actions it took in response to the emergency. (2) If the city becomes aware of an emergency regarding a registrant's facilities, the city will attempt to contact the local representative of each registrant affected, or potentially affected,by the emergency. In any event, the city may take whatever action it deems necessary to respond to the emergency, the cost of which shall be borne by the registrant whose facilities occasioned the emergency. (B) Non-emergency situations. Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates a right-of-way, must subsequently obtain a permit, pay an unauthorized work permit fee in an amount established from time to time by the City Council, deposit with the city the fees necessary to correct any damage to the right- of-way, and comply with all of the requirements of this subchapter. (2013 Code, § 7.17) (Ord. 570, passed 8-24-2000; Ord. 760, passed 5-25-2006) § 90.48 SUPPLEMENTARY NOTIFICATION. If the obstruction or excavation of the right-of-way begins later or ends sooner than the date given on the permit, the permittee shall notify the city of the accurate information as soon as this information is known. (2013 Code, § 7.17) (Ord. 570, passed 8-24-2000) § 90.49 REVOCATION OF PERMITS. (A) Substantial breach. (1) The city reserves its right to revoke any right-of-way permit, without a fee refund, if there is a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation, or any material condition of the permit. (2) A substantial breach by permittee shall include,but shall not be limited to, the following: (a) The violation of any material provision of the right-of-way permit; (b) An evasion or attempt to evade any material provision of the right- of-way permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens; (c) Any material misrepresentation of fact in the application for a right-of-way permit; 19 Page 108 of 242 (d) The failure to complete the work in a timely manner; unless a permit extension is obtained or unless the failure to complete work is due to reasons beyond the permittee's control; or (e) The failure to correct, in a timely manner, work that does not conform to a condition indicated on an order issued pursuant to § 90.46(C)(2). (B) Written notice of breach. If the city determines that the permittee has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation, or any condition of the permit, the city shall make a written demand upon the permittee to remedy such violation. The demand shall state that continued violations may be cause for revocation of the permit. A substantial breach, as stated above, will allow the city to place additional or revised conditions on the permit to mitigate and remedy the breach. (C) Response to notice of breach. Within a time established by the Director following the peimittee's receipt of notification of the breach, the permittee shall provide the city with a plan to cure the breach, acceptable to the city. The permittee's failure to submit a timely and acceptable plan, or the permittee's failure to timely implement the approved plan, shall be cause for immediate revocation of the permit. Further, the permittee's failure to contact the city, or the permittee's failure to submit an acceptable plan, or the permittee's failure to reasonably implement the approved plan,may result in probation for up to 1 full year. (D) Cause for probation. The city may establish a list of conditions of the permit, that if breached, will be grounds to place the permittee on probation. The city shall not enforce a probation program unless and until it has established such conditions, which it may amend from time to time. (E) Reimbursement of city costs. If a permit is revoked, the permittee shall also reimburse the city for the city's reasonable costs, including restoration costs and the costs of collection and reasonable attorneys' fees incurred in connection with such revocation. (2013 Code, § 7.17) (Ord. 570,passed 8-24-2000) § 90.50 MAPPING DATA. (A) Information required. Each registrant and permittee shall provide mapping information in a form required by the city in accordance with Minn. Rules 7819.4000 and 7819.4100. Within 90 days following completion of any work pursuant to a permit, the permittee shall provide the Director accurate maps and drawings certifying the "as-built" location of all equipment installed, owed, and maintained by the permittee. Such maps and drawings shall include the horizontal and vertical location of all facilities and equipment and shall be provided consistent with the city's electronic mapping system, when practical or as a condition imposed by the Director. Failure to provide maps and drawings pursuant to this division (A) shall be grounds for revoking the permit holder's registration. (B) Service laterals. (1) All permits issued for the installation or repair of service laterals, other than minor repairs as defined in Minn. Rules 7560.0150, subp. 2, shall require the permittee's use of appropriate means of establishing the horizontal locations of installed service laterals and the service lateral vertical locations in those cases where the Director reasonably required it. (2) Permittees or their subcontractors shall submit to the Director evidence satisfactory to the Director of the installed service lateral locations. Compliance with this 20 Page 109 of 242 division (B) and with applicable Gopher State One-Call law and Minn. Rules governing service laterals installed after December 31, 2005 shall be a condition of any city approval necessary for: (a) Payments to contractors working on a public improvement project including those under M.S. Ch. 429, as it may be amended from time to time; and (b) City approval of performance under development agreements, or other subdivision or site plan approval under M.S. Ch. 462, as it may be amended from time to time. The Director shall reasonably determine the appropriate method of providing such information to the city. Failure to provide prompt and accurate information on the service laterals installed may result in the revocation of the permit issued for the work or for future permits to the offending permittee or its subcontractors. (2013 Code, § 7.17) (Ord. 570,passed 8-24-2000; Ord. 760,passed 5-25-2006) § 90.51 UNDERGROUNDING. (A) Purpose. (1) The purpose of this section is to promote the health, safety, and general welfare of the public and is intended to foster: (a) Safe travel over the right-of-way; (b) Non-travel related safety around homes and buildings where overhead feeds are connected; and (c) Orderly development in the city. Location and relocation, installation and reinstallation of facilities in the right-of-way must be made in accordance with this division (A). (2) This section intended to be enforced consistently with state and federal law regulating right-of-way users, specifically including but not limited to M.S. §§ 161.45, 237.162, 237.163, 301B.01, 222.37, 238.084, and 216B.36, and Minnesota Rules 7819.3100, 7819.5000, and 7819.5 100, as they may be amended from time to time, and the Telecommunications Act of 1996, 47 U.S.C. § 253, to the extent the rules do not limit authority otherwise available to cities. (B) Undergrounding offacilities. Facilities newly installed, constructed, or otherwise placed in the public right-of-way or in other public property held in common for public use must be located and maintained underground pursuant to the terms and conditions of this subchapter and in accordance with applicable construction standards, subject to the exceptions below. Above-ground installation, construction, modification, or replacement of meters, gauges, transformers, street lighting, pad mount switches, capacitor banks, re-closers, and service connection pedestals shall be allowed. The requirements of this division (B) shall apply equally outside of the corporate limits of the city coincident with city jurisdiction of platting, subdivision regulations, or comprehensive planning as may now or in the future be allowed by law. (C) Exceptions to undergrounding. The following exceptions to the strict application of this section shall be allowed upon the conditions stated. (1) Transmission lines. Above-ground installation, construction, or placement of those facilities commonly referred to as "high voltage transmission lines"upon which a conductor's normal operating voltage equals or exceeds 23,000 volts (phase to phase) shall be allowed only by prior approval of the Council; provided,however, that 60 days prior to commencement of construction of such a project, the city shall be furnished notice of the 21 Page 110 of 242 proposed project and, upon request, the right-of-way user involved shall furnish all relevant information regarding such project to the city. This provision shall not be construed as waiving the requirements of any other ordinance or regulation of the city as the same may apply to any such proposed project. (2) Technical and economic feasibility. Above-ground installation, construction, or placement of facilities shall be allowed in residential, commercial, and industrial areas where the Council, following consideration and recommendation by the Planning Commission, finds that: (a) Underground placement would place an undue financial burden upon the landowner, ratepayers, or right-of-way user or would deprive the landowner of the preservation and enjoyment of substantial property rights; or (b) Underground placement is impractical or not technically feasible due to topographical, sub-soil, or other existing conditions which adversely affect underground facilities placement. (3) Temporary service. Above-ground installation, construction, or placement of temporary service lines shall only be allowed: (a) During new construction of any project for a period not to exceed 24 months; (b) During an emergency in order to safeguard lives or property within the city; and (c) For a period of not more than 7 months when soil conditions make excavation impractical. (D) Undergrounding of permanent replacement, relocated, or reconstructed facilities. (a) If the city finds that 1 or more of the purposes set forth in division (A) above would be promoted, the city may require a permanent replacement, relocation, or reconstruction of a facility of more than 300 feet to be located, and maintained underground, with due regard for seasonal working conditions. For purposes of this subchapter, RECONSTRUCTION means any substantial repair of or any improvement to existing facilities. (b) Undergrounding may be required whether a replacement, relocation, or reconstruction is initiated by the right-of-way user owning or operating the facilities, or by the city in connection with: 1. The present or future use by the city or other local government unit of the right-of-way or other public ground for a public project; 2. The public health or safety; or 3. The safety and convenience of travel over the right-of-way. (E) Retirement of overhead facilities. The City Council may determine whether it is in the public interest that all facilities within the city, or facilities within certain districts designated by the city, be permanently placed and maintained underground by a date certain or target date, independently of undergrounding required pursuant to division (B) above (new facilities) and division (D) above (replacement facilities). The decision to underground must be preceded by a public hearing, after published notice and written notice to the utilities affected (2 weeks published: 30 days written.) At the hearing, the Council must consider items in division (G) below and make findings. Undergrounding may not take place until City Council has, after hearing and notice, adopted a plan containing items in division (H)below. (F) Public hearings. A hearing must be open to the public and may be continued from time to time. At each hearing any person interested must be given an opportunity to be heard. 22 Page 111 of 242 The subject of the public hearings shall be the issue of whether facilities in the right-of-way in the city, or located within a certain district, shall all be located underground by a date certain. Hearings are not necessary for the undergrounding required under divisions (B) and(D) above. (G) Public hearing issues. (1) The issues to be addressed at the public hearings include, but are not limited to: (a) The costs and benefits to the public of requiring the undergrounding of all facilities in the right-of-way; (b) The feasibility and cost of undergrounding all facilities by a date certain as determined by the city and the affected utilities; (c) The tariff requirements,procedure, and rate design for recovery or intended recovery of incremental costs for undergrounding by the utilities from ratepayers within the city; and (d) Alternative financing options available if the city deems it in the public interest to require undergrounding by a date certain and deems it appropriate to participate in the cost otherwise borne by the ratepayers. (2) Upon completion of the hearing or hearings, the City Council must make written findings on whether it is in the public interest to establish a plan under which all facilities will be underground, either city-wide or within districts designated by the city. (H) Undergrounding plan. (1) If the Council finds that it is in the public interest to underground all or substantially all facilities in the public right-of-way or in non-right-of-way public ground, the Council must establish a plan for such undergrounding. (2) The plan for undergrounding must include at least the following elements: (a) Timetable for the undergrounding; (b) Designation of districts for the undergrounding unless the undergrounding plan is city- wide; (c) Exceptions to the undergrounding requirement and procedure for establishing such exceptions; (d) Procedures for the undergrounding process, including,but not limited to, coordination with city projects and provisions to ensure compliance with nondiscrimination requirements under the law; (e) A financing plan for funding of the incremental costs if the city determines that it will finance some of the undergrounding costs, and a determination and verification of the claimed additional costs to underground incurred by the utility; and (f) Penalties or other remedies for failure to comply with the undergrounding. (I) Facilities location. (1) (a) In addition to complying with the requirements of M.S. §§ 216D.01 through 216D.09, as they may be amended from to time ("One-Call Excavation Notice System"), before the start date of any right-of-way excavation, each registrant who has facilities located in the area to be excavated shall mark the horizontal placement of all said facilities. (b) To the extent its records contain such information, each registrant shall provide information regarding the approximate vertical location of its facilities to excavators upon request. 23 Page 112 of 242 (c) Nothing in this division (1) is meant to limit the rights, duties, and obligations of facility owners or excavators as set forth in M.S. §§ 216D.01 through 216D.09, as they may be amended from to time. Any right-of-way user whose facility is less than 20 inches below a concrete or asphalt surface shall notify and work closely with the excavation contractor in an effort to establish and mark the exact horizontal and vertical location of its facility and the best procedure for excavation. (2) All facilities shall be placed in appropriate portions of right-of-way so as to cause minimum conflict with other underground facilities. When technically appropriate, all utilities shall be installed, constructed, or placed within the same trench. (J) Limitation of Space. To protect the health, safety, and welfare, or when necessary to protect the right-of-way and its current use, the city shall have the power to prohibit or limit the placement of new or additional facilities within the right-of-way. In making such decisions, the city shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public's needs for particular utility service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the right-of-way, and future city plans for public improvements and development projects which have been determined to be in the public interest. (K) Responsibility. All owners,platters, or developers are responsible for complying with the requirements of this section, and prior to final approval of any plat or development plan, shall submit to the Director written instruments from the appropriate right-of-way users showing that all necessary arrangements with said users for installation of such facilities have been made. (2013 Code, § 7.17) (Ord. 570,passed 8-24-2000) § 90.52 RELOCATION OF FACILITIES. A right-of-way user shall promptly and at its own expense, with due regard for seasonal working conditions, permanently remove and relocate its facilities in the right-of-way when it is necessary to prevent interference, and not merely for the convenience of the city, in connection with: (A) A present or future city use of the right-of-way for a public project; (B) The public health or safety; or (C) The safety and convenience of travel over the right-of-way. (2013 Code, § 7.17) (Ord. 570,passed 8-24-2000) § 90.53 INTERFERENCE BY OTHER FACILITIES. When the city does work in the right-of-way in its governmental right-of-way management function and finds it necessary to maintain, support, or move a registrant's facilities to carry out the work without damaging registrant's facilities, the city shall notify the local representative as early as is reasonably possible. The city costs associated therewith will be billed to that registrant and must be paid within 30 days from the date of billing. Each registrant shall be responsible for the cost of repairing any facilities in the right-of-way which it or its facilities damages. 24 Page 113 of 242 (2013 Code, § 7.17) (Ord. 570,passed 8-24-2000) § 90.54 RIGHT-OF-WAY VACATION; RESERVATION OF RIGHT. If the city vacates a right-of-way that contains the facilities of a registrant, the registrant's rights in the vacated right-of-way are governed by Minn. Rules 7819.3200. (2013 Code, § 7.17) (Ord. 570,passed 8-24-2000) § 90.55 INDEMNIFICATION AND LIABILITY. By registering with the city, or by accepting a permit under this subchapter, a registrant or permittee agrees to defend and indemnify the city in accordance with the provisions of Minn. Rules 7819.1250. (2013 Code, § 7.17) (Ord. 570,passed 8-24-2000) § 90.56 ABANDONED AND UNUSABLE FACILITIES. (A) Discontinued operations. A registrant who has determined to discontinue all or a portion of its operations in the city must provide information satisfactory to the city that the registrant's obligations for its facilities in the right-of-way under this subchapter have been lawfully assumed by another registrant. (B) Removal. Any registrant who has abandoned facilities in any right-of-way shall remove it from that right-of-way if required in conjunction with other right-of-way repair, excavation, or construction. (2013 Code, § 7.17) (Ord. 570, passed 8-24-2000) § 90.57 APPEAL. (A) A right-of-way user that: (1) Has been denied registration; (2) Has been denied a permit; (3) Has had permit revoked; (4) Believes that the fees imposed are not in conformity with M.S. § 237.163, subd. 6, as it may be amended from time to time; or (5) Disputes a decision of the Director regarding the mapping data required by § 90.50 may have the denial, revocation, decision, or fee imposition reviewed, upon written request, go to the City Administrator. (B) The City Council shall act on a timely written request at its next regularly scheduled meeting. A decision by the City Council affirming the denial,revocation, or fee imposition will be in writing and supported by written findings establishing the reasonableness of the decision. (2013 Code, § 7.17) (Ord. 570,passed 8-24-2000; Ord. 760,passed 5-25-2006) 25 Page 114 of 242 § 90.58 RESERVATION OF REGULATORY AND POLICE POWERS. A permittee's or registrant's rights are subject to the regulatory and police powers of the city to adopt and enforce general ordinances necessary to protect the health, safety, and welfare of the public. (2013 Code, § 7.17) (Ord. 570,passed 8-24-2000) § 90.99 PENALTY. (A) Every person violates a section, subdivision,paragraph, or provision of this chapter when the person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as follows. (1) Misdemeanor. Where the specific section, subdivision, paragraph, or provision specifically makes violation a misdemeanor,the person shall be punished as for a misdemeanor; where a violation is committed in a manner or under circumstances so as to endanger or be likely to endanger any person or property, the person shall be punished as for a misdemeanor; where the person stands convicted of violation of any provision of this chapter, exclusive of violations relating to the standing or parking of an unattended vehicle, within the immediate preceding 12-month period for the third or subsequent time, the person shall be punished as for a misdemeanor. (2) Petty misdemeanor. As to any violation not constituting a misdemeanor under the provisions of division (A)(1) above, the person shall be punished as for a petty misdemeanor. (2013 Code, § 7.99) (B) Each day that any person continues in violation of§ 90.08 shall be a separate offense, and punishable as such. (2013 Code, § 7.08) (Ord. 1,passed 4-1-1978; Ord. 337,passed 7-23-1992; Ord. 570, passed 8-24-2000) Adopted in regular session of the City Council of the City of Shakopee, Minnesota held this 3rd day of October 2017. Mayor of the City of Shakopee Attest: City Clerk Published in the Shakopee Valley News on the day of 2017. 26 Page 115 of 242 27 Page 116 of 242 ORDINANCE NO. 970 AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA REPEALING SECTIONS 50.15 THROUGH 50.99 OF THE SHAKOPEE CITY CODE RELATING TO TELECOMMUNICATIONS PERMITS THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1. Sections 50.15 through 50.99, inclusive, of the Shakopee City Code are repealed. Section 2. Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in regular session of the City Council of the City of Shakopee, Minnesota held this 3rd day of October, 2017. Mayor of the City of Shakopee Attest: City Clerk Published in the Shakopee Valley News on the day of , 2017. Page 117 of 242 *4.D.2. Pb9akA SHAKOPEE Shakopee City Council October 3, 2017 FROM: Steve Lillehaug, Public Works Director/City Engineer TO: Mayor & Council Members Subject: Drainage and utility easement encroachment agreements. Policy/Action Requested: 1. Approve drainage and utility encroachment agreement for 1328 Ridge Court (PID 274210400). 2. Approve drainage and utility encroachment agreement for 1668 Friesian Street South (PID 273901240). 3. Approve drainage and utility encroachment agreement for 1662 Friesian Street South (PID 273901250). Recommendation: Approval of encroachment agreements. Discussion: Background City Code 90.16, Encroachment in Easement Areas, indicates that "no trees, shrubs, bushes, retaining walls, structures, hard surface areas, or other obstructions, with the exception of shallow root plantings and garden fences, shall be placed within an easement area held by the city, except if written permission has been granted by the city". Upon discovery of said encroachments and determination that there are no expected detrimental effects, it has been the city's practice to allow the continuance of the such (minor) encroachments; however, an encroachment agreement has been the instrument to provide the proper documentation by officially recording the encroachment with the county as part of the property file. Encroachments The encroachment at 1328 Ridge Court consists of a structural retaining wall that was constructed by the property owner and encroaches on the city's drainage and utility easement adjacent to a managed storm water detention/treatment pond. This property exists as a single Page 118 of 242 family home which was platted in 2012; the home was constructed in approximately 2013. The encroachment is categorized as a minor encroachment that does not limit the use or cause negative impacts within the easement. The agreement is necessary to document the encroachment should the city require the temporary or permanent removal of the wall and landscaping in the future, understanding that the removal and replacement costs would be borne by the property owner. The encroachments at 1662 and 1668 Ridge Court consist of a structural retaining wall and steps that were jointly constructed by the property owners and encroach on the city's drainage and utility easement in the area on the common property line between the parcels. These properties exist as single family homes which were platted in 2005; the homes were constructed in approximately 2012-13. It is categorized as a minor encroachment that does not limit the use or cause negative impacts within the easement. The agreements are necessary to document the encroachment should the city require the temporary or permanent removal of the wall and landscaping in the future, understanding that the removal and replacement costs would be borne by the property owners. Budget Impact: $100 has been provided by each property owner to pay for the recording and filing fees. No further budget impacts. ATTACHMENTS: D Encroachment Agreement - 1328 Ridge Ct D Encroachment Agreement - 1662 Friesian St D Encroachment Agreement - 1668 Friesian St Page 119 of 242 ENCROACHMENT AGREEMENT This Encroachment Agreement ("Agreement") is made as of the 16 day of August, 2017, by and between the City of Shakopee, a Minnesota municipal corporation ("City") and Robert O. Waldridge and Irene Waldridge, husband and wife ("Owners"). RECITALS A. Owners are the owners of property located at 1328 Ridge Ct., City of Shakopee, County of Scott, State of Minnesota, legally described as follows: Lot 5, Block 4, Valley Creek Crossing 2"d Addition, PID 274210400, according to the recorded plat thereof(the "Property"). B. The Property is subject to a drainage and utility easement in favor of the City, which was dedicated to the City in the plat of Valley Creek Crossing 2"d Addition; and C. Owners would like to construct and install a block or stone wall and walk area ("Improvements") that will encroach into the Easement ("Encroachment Area"); and D. The City has agreed that Owners may construct, repair and maintain the Improvements within the Encroachment Area on the condition that they execute this Agreement and will remove said improvements upon the need to work on or replace the inground utilities at owners cost and promptly. AGREEMENT NOW, THEREFORE, on the basis of the premises and the mutual covenants and agreements set forth in this Agreement, the parties agree as follows: 1. Owners may construct, repair and maintain the Improvements within the Encroachment Area as shown on plans (Attachment"A"). I Page 120 of 242 2. The permission granted by the City in this Agreement is limited exclusively to the proposed Improvements within the Encroachment Area as outlined in attachment. 3. This Agreement shall not prevent or impair the use of the Encroachment Area for the drainage and utility put-poses by the City or any other entity entitled by law to so use the Encroachment Area. 4. In the event the City needs to maintain, operate, repair, access or remove the utility located in the drainage easement and/or improvements area located within the Encroachment Area and the Improvements interfere with such maintenance, operation, repair, access or removal, the City shall provide notice to Owners pursuant to Paragraph 8 of this Agreement, The City's costs of removing the necessary portion of the Improvements in order for the City to exercise its easement rights shall be paid by Owners. Owners shall be responsible for the costs of restoring or reinstalling any of the Improvements that were removed. Any damages to the Improvements resulting from the City's activities shall be borne and assumed by Owners, provided, however, that the City shall be responsible for any damages caused by the negligence or willful misconduct of the City, its officials, employees, contractors and agents. 5. This Agreement shall run with the land and shall inure to the benefit of and be binding upon the parties to this Agreement and their respective successors and assigns. 6. Owners shall indemnify, hold harmless and defend the City, its officials, employees, contractors and agents, from and against any and all claims, losses, proceedings, damages, causes of action, liability, costs or expenses (including reasonable attorneys' fees), arising from or in connection with or caused by any act, omission or negligence of Owners, their contractors, licensees, invitees, agents, servants or employees in connection with the construction, repair or maintenance of the Improvements. 7. Owners agree not to suffer or allow any liens, claims and processes to be placed against the City's rights to or interest in the Encroachment Area because of the use of the Encroachment Area, including, without limitation, any liens for labor or materials provided for the construction, repair or maintenance of the Improvements. 8, Required notices to the parties to this Agreement shall be in writing, and shall either be hand delivered or mailed to the following addresses: a) As to the City: City of Shakopee 485 Gorman Street Shakopee, MN 55379 Attn: City Administrator b) As to Owners: Robert O. and Irene Waldridge 1328 Ridge Ct. Shakopee, MN 55379 9. Owners shall pay the sum of $100.00 to the City to defray the City's cost in preparing and recording this agreement on the date request is signed. 2 Page 121 of 242 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. CITY OF SHAKOPEE By: William P. Mars Its: Mayor By: William H. Reynolds Its: City Administrator STATE OF MINNESOTA ss. COUNTY OF SCOTT The foregoing instrument was acknowledged before me this day of 120 by and the Mayor and City Administrator, respectively, of the City of Shakopee, Minnesota, a municipal corporation, on behalf of the City. Notary Public 3 Page 122 of 242 OWNERS By: Z'l R'obert O. Waldridge By: Waldridge STATE OF MINNESOTA ss. COUNTY OF SCOTT The foregoing instrument was acknowledged before me this 16 day of August, 2017, by Robert O. Waldridge and Irene Waldridge, husband and wife. CARm6LARNASM6 C-MINNESOTA WTARY PUBLI my cwa"00 Evi Notary Seal ms pan.31,2020 This document was drafted by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street, Suite 470 Minneapolis, MN 55402 4 Page 123 of 242 Exhibit A RIDGE COURT CERTIFICATE OF SURVEY For: Charless -Merritt Homes 46a 4)9q RIDGE CT. 04 R=60 19 at 9 1050 "A �ERV.* LA .53 14 / OROA - G IL 3.5 Sp 0 C) �C pit L. I 11 A\ .0 EtA nA- 0 ................. R67 -..---- k, -909.5---- it 0I f1 T r1 Mj N -904. L.1.J I Ill =909 AIWI- t-\-r 11 11 tk A4040 Scale: 1"=40` Page 2 of 2 James R. Hill, Inc. Page 124 of 242 ^Ni, Exhibit B _ . zE� LAVvN u I M1k p / y t � Iz' + o I J( 4.m. v r•�p �,. T T e I a �� I e ly! r j, e„ Y 2l� „ i0o/v mm p V � r F ,l 1328 I( ,r S'n ak Frje wr 1 irM.4 a ;') __4 . Pae 925 P ,......., a __ __ ENCROACHMENT AGREEMENT This Encroachment Agreement ("Agreement") is made as of the 16 day of August, 2017, by and between the City of Shakopee, a Minnesota municipal corporation ("City") and John Deegan and Lisa Deegan, husband and wife ("Owners"). RECITALS A. Owners are the owners of property located at 1662 Friesian St. S. City of Shakopee, County of Scott, State of Minnesota, legally described as follows: Lot 4, Block 10, Countryside Addition, PID 273901250, according to the recorded plat thereof(the "Property"). B. The Property is subject to a drainage and utility easement in favor of the City, which was dedicated to the City in the plat of Countryside Addition; and C. Owners would like to construct and install a block or stone wall and walk area ("Improvements") that will encroach into the Easement ("Encroachment Area"); and D. The City has agreed that Owners may construct, repair and maintain the Improvements within the Encroachment Area on the condition that they execute this Agreement and will remove said improvements upon the need to work on or replace the inground utilities at owners cost and promptly. AGREEMENT NOW, THEREFORE, on the basis of the premises and the mutual covenants and agreements set forth in this Agreement, the parties agree as follows: I. Owners may construct, repair and maintain the Improvements within the Encroachment Area, Page 126 of 242 2. The permission granted by the City in this Agreement is limited exclusively to the proposed Improvements within the Encroachment Area as outlined in attachments. 3. This Agreement shall not prevent or impair the use of the Encroachment Area for the drainage and utility purposes by the City or any other entity entitled by law to so use the Encroachment Area. 4. In the event the City needs to maintain, operate, repair, access or remove the utility located in the drainage easement and/or improvements area located within the Encroachment Area and the Improvements interfere with such maintenance, operation, repair, access or removal, the City shall provide notice to Owners pursuant to Paragraph 8 of this Agreement. The City's costs of removing the necessary portion of the Improvements in order for the City to exercise its easement rights shall be paid by Owners. Owners shall be responsible for the costs of restoring or reinstalling any of the Improvements that were removed. Any damages to the Improvements resulting from the City's activities shall be borne and assumed by Owners, provided, however, that the City shall be responsible for any damages caused by the negligence or willful misconduct of the City, its officials, employees, contractors and agents. 5. This Agreement shall run with the land and shall inure to the benefit of and be binding upon the parties to this Agreement and their respective successors and assigns. 6. Owners shall indemnify, hold harmless and defend the City, its officials, employees, contractors and agents, from and against any and all claims, losses, proceedings, damages, causes of action, liability, costs or expenses (including reasonable attorneys' fees), arising from or in connection with or caused by any act, omission or negligence of Owners, their contractors, licensees, invitees, agents, servants or employees in connection with the construction, repair or maintenance of the Improvements. 7. Owners agree not to suffer or allow any liens, claims and processes to be placed against the City's rights to or interest in the Encroachment Area because of the use of the Encroachment Area, including, without limitation, any liens for labor or materials provided for the construction, repair or maintenance of the Improvements. 8. Required notices to the parties to this Agreement shall be in writing, and shall either be hand delivered or mailed to the following addresses: a) As to the City: City of Shakopee 485 Gorman Street Shakopee, NIN 55379 Attn: City Administrator b) As to Owners: John & Lisa Deegan 1662 Friesian St. S. Shakopee, MN 55379 9. Owners shall pay the sum of $100.00 to the City to defray the City's cost in preparing and recording this agreement on the date request is signed. 2 Page 127 of 242 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year First written above. CITY OF SHAKOPEE By:__ William R Mars Its: Mayor By: William H. Reynolds Its: City Administrator STATE OF MINNESOTA ss. COUNTY OF SCOTT The foregoing instrument was acknowledged before me this day of_, 20_, by and —------ the Mayor and City Administrator, respectively, of the City of Shakopee, Minnesota, a Municipal corporation, on behalf of the City. Notary Public 3 Page 128 of 242 OWNERS B�— Joh Deegan By: Li,sa Deegan STATE OF MINNESOTA ss. COUNTY OF SCOTT The foregoing instrument was acknowledged before me this 16 day of August, 2017, by John Deegan and Lisa Deegan, husband and wife. CARMELARNASCENE CkZ L WTAW PUBLiC•MMNESOTA My COOVWWon Uptn%Jan.31,MQ Notary Seal This document was drafted by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street, Suite 470 Minneapolis, MN 55402 4 Page 129 of 242 Exhibit A U) 0 ro— (D 0— 4Gt > :1 F, AOOO in M CD in 0 N P ONT. 9" So al m pap OM ;r;nu Cc: ;mu 2 > rmr,i, Aa) z omvm,(n(n Go cz: Mo cin 0R0>z'P'0— m 4 Iz M ;u 0 0 m 0 � > z p0 0!� z 7> z N00'25'53"W z 69.50 X xq 2 Mg 9 III 5 5 > T I LOT 4 0 0 X -n rjo w 0 0 m C M z z f5wo < 18" 36.50 �X ;u> -n CANT. CANT. (n 9-4 m Ili -m M— F) X c (0 m 00 PI CA L4 z > L-j P+L X 0 PROPOSED 00 so, 0 4. 0,4 0 < M PO 0 10 CC -4 (A Ll� Ili - c- (4 m p HOUSE G') Ll)2 1 m 0 UNDER CONST. m 13.00 0 -n G) 10 C -n cs) > 25 c co p > L�, GARAGE Ob 21-17 > 13. 0 0 GARAGE I LA A p C 0�2 PORCH < G-) PORCH m XL- 0 28.33 852.0 (852.33) z .33) 9 ............... L45� tb O L (849*9� P R (850.4) ink asoA 849.9, 849.9 849.7 850.0 rr: mFRESIAN STREET 650.2 t 645,6 — — --------------:--------A > K 0 N r- 0 ram Cny :<& F:, z p ro 0 R 2 0 co Page 130 of 242 Exhibit B uo, aJ' J a � 1 t Page 131 of 242 ENCROACHMENT AGREEMENT This Encroachment Agreement ("Agreement") is made as of the 16 day of August, 2017, by and between the City of Shakopee, a Minnesota municipal corporation ("City") and Chad Schmit and 'Traci Peterson-S chmit, husband and wife ("Owners"). RECITALS A. Owners are the owners of property located at 1.668 Friesian St. S. City of Shakopee, County of Scott, State of Minnesota, legally described as follows: Lot 3, Block 10, Countryside Addition, PID 273901240, according to the recorded plat thereof(the "Property"). B. 1'he Property is subject to a drainage and utility casement in favor of the City, which was dedicated to the City in the plat of Countryside Addition; and C. Owners would like to construct and install a block or stone wall and walk area ("Improvements") that will encroach into the Easement ("Encroachment Area"); and D. The City has agreed that Owners may construct, repair and maintain the Improvements within the Encroachment Area on the condition that they execute this Agreement and will remove said improvements upon the need to work on or replace the inground utilities at owners cost and promptly. AGREEMENT NOW, THEREFORE, on the basis of the premises and the mutual covenants and agreements set forth in this Agreement, the parties agree as follows: 1. Owners may construct, repair and maintain the Improvements within the Encroachment Area. Page 132 of 242 2. The permission granted by the City in this Agreement is limited exclusively to the proposed Improvements within the Encroachment Area as outlined in attachments. 3, This Agreement shall not prevent or impair the use of the Encroachment Area for the drainage and utility purposes by the City or any other entity entitled by law to so use the Encroachment Area. 4. In the event the City needs to maintain, operate, repair, access or remove the utility located in the drainage easement and/or improvements area located within the Encroachment Area and the Improvements interfere with such maintenance, operation, repair, access or removal, the City shall provide notice to Owners pursuant to Paragraph 8 of this Agreement. The City's costs of removing the necessary portion of the Improvements in order for the City to exercise its easement rights shall be paid by Owners. Owners shall be responsible for the costs of restoring or reinstalling any of the Improvements that were removed. Any damages to the Improvements resulting from the City's activities shall be borne and assumed by Owners, provided, however, that the City shall be responsible for any damages caused by the negligence or willful misconduct of the City, its officials, employees, contractors and agents. 5. This Agreement shall run with the land and shall inure to the benefit of and be binding upon the parties to this Agreement and their respective successors and assigns. 6. Owners shall indemnify, hold harmless and defend the City, its officials, employees, contractors and agents, from and against any and all claims, losses, proceedings, damages, causes of action, liability, costs or expenses (including reasonable attorneys' fees), arising from or in connection with or caused by any act, omission or negligence of Owners, their contractors, licensees, invitees, agents, servants or employees in connection with the construction, repair or maintenance of the Improvements. 7. Owners agree not to suffer or allow any liens, claims and processes to be placed against the City's rights to or interest in the Encroachment Area because of the use of the Encroachment Area, including, without limitation, any liens for labor or materials provided for the construction, repair or maintenance of the Improvements. 8. Required notices to the parties to this Agreement shall be in writing, and shall either be hand delivered or mailed to the following addresses: a) As to the City: City of Shakopee 485 Gorman Street Shakopee, MN 55379 Attn: City Administrator b) As to Owners: Chad Schinit and Traci Peterson-Schmit 1668 Friesian St. S. Shakopee, N/IN 55379 9. Owners shall pay the sum of $100.00 to the City to defray the City's cost in preparing and recording this agreement on the date request is signed. 2 Page 133 of 242 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. CITY OF SHAKOPEE By: William P. Mars Its: Mayor By: -- William 1-1. Reynolds Its: City Administrator STATE OF MINNESOTA ss. COUNTY OF SCOTT The foregoing instrument was acknowledged before me this day of_, 20_, by and the Mayor and City Administrator, respectively, of the City of Shakopee, Minnesota, a municipal corporation, on behalf of the City. Notary Public 3 Page 134 of 242 OWNERS By: Chad c mit By: Tra""c' i Peterson-Schmit STATE OF MINNESOTA ss. COUNTY Ola SCOTT The foregoing instrument was acknowledged before me this 16 day of August, 2017, by Chad Schmit and "Traci Peterson-Schmit, husband and wife. - -----—-------- cARmELA R.NASCENE NTAW PUBUC-MOOOM e,0A*kL&- my Commjs4w ExpW JW.31,2= Notary Seal This document was drafted by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street, Suite 470 Minneapolis, MN 55402 4 Page 135 of 242 Exhibit Exhibit B %f LLM mis �Illl� l d �h i Fl/yM f9; Mrd 'I Page 137 of 242 7.A. PM*MA SHAKOPE: Shakopee City Council October 3, 2017 FROM: Kyle Sobota, Senior Planner TO: Mayor and Council Members Subject: Vacation of Certain Alleys and Right-of-Ways Within and Adjacent to the Minnesota Correctional Facility Policy/Action Requested: Approve Resolution No. 7936, a resolution approving the vacation of certain alleys and rights-of-way within and adjacent to the MN Correctional Facility. Recommendation: Approve the resolution as presented. Discussion: Roger Behrens, representing the State of Minnesota has filed a vacation application proposing the vacation of several street rights-of-way and alleys within and adjacent to the Minnesota Correctional Facility. The proposal cleans up the title for the property, as several of the areas impacted are already developed as parking areas, or have other encroachments. Many of the alleys and streets should have been vacated when the site was developed by the State in the mid 1980's (see attached vacation sketches). The proposed vacation involves the following streets and alleys: • Webster Street, south of Sixth Avenue • Cass Street, south of Sixth Avenue • Fifth Avenue, between Adams Street and Webster Street • Washington Street, between Fourth Avenue and Sixth Avenue • Fourth Avenue, between Adams Street and Webster Street • Alleys within blocks 5 and 6 of Koeper's Addition • Alleys within blocks 172 and 173 of the City of Shakopee plat. Page 138 of 242 The State originally requested the vacation of an alley along Webster Street and Webster Street north of Sixth Avenue. The city has existing and future utilities planned for this area. The State of MN has withdrawn the request to vacate that specific area. The Engineering Department, Shakopee Public Utilities, and other utility companies have reviewed the request and recommend approval of the revised request, subject to the dedication of a drainage and utility easement for the proposed Fourth Avenue vacation area and the dedication of an easement for a possible future trail between Adams Street and Cass Street. This would serve as a possible corridor for a trail to allow access between Riverview Park and Holmes Park (see attached exhibit). In order for the connection to happen, an easement would need to be granted by the owner of the school bus garage for a segment that would be on the southerly undeveloped portion of their property. Budget Impact: N/A ATTACHMENTS: D Proposed Vacation Exhibit D Engineering Department Memo D Proposed Sidewalk / Trail Easement Area D Resolution No. 7936 Page 139 of 242 1 ` ✓. 1 1.(L00 'T PO`k10 / Un TN AVE NSE OF WAY SAX SOUTHERN A�ENUE- SIX FUBUC STREET) OF SIXTH 1 r+ 1 PasT 1 T 1 :Inas 1 1 cell "'J-SIGN Hi= 1 - 1 u ` -,4 1 1 � a 1 S. LINE OF SECTION 1 1 .. ... 1 I ... TWP-115, RA/G, 23-� LINE OF SECTION 72, TWP. 115, RNG. 23 NORTH _ ----- —� 0 60 120 Cass Street Vacation Description: A portion of Cass Street, as shown on the recorded plat of SHAKOPEE DENOTES PORTION CITY, MINNESOTA, on file and of record in the office of the Register of OF CASS STREET TO Deeds of Scott County, Minnesota, is to be vacated and is described as EE BE VACATED follows: That part of said Cass Street which lies southerly of the southerly right Suite N. of wayof Sixth Avenue and norther) of the south line of Section 1 , LPhone .N. y Stillwater, 082Township 115 Range 23 Scott Count Minnesota. 969 psg � Yr976 an- YVet Being 15,760 sq.ft., more or less .net SHEET Exhibit ____ 1 OF 1 CORNERSTONE Depiction and Description of Cass Street Vacation PROD. NO. LAND SURVEYING, INC. Page 140 of 242 LEI 3101C 0 60 120 1 1 / � �Jl NORTH / o 1 / 1 t, m r ` v a RIGHT co WAY I _ ERLy gVENUE�— OF 5jX1H_— 1 .. '✓' T eEErl S I' i81TUMl T9—" �_�_\ SEMEN ` 64FT, > =�-1 � UTILITY OCEA No. 32 MH 0 1 POST POST 1 GPS n�TEL iT 111T .. (,' ✓', � POST GN L \ n r n POST 1 ` � POST LINE OFNG. 23 7/O y, ,- EC TWP. 775 .. A — N. LINE OF SECTION TWP. 115 RNC. 23 m .. POS— ' `n 1 Webster Street Vacation Description: A portion of Webster Street, as shown on the recorded plat of DENOTES PORTION SHAKOPEE CITY, MINNESOTA, on file and of record in the office of the OF WEBSTER STREET Register of Deeds of Scott County, Minnesota, is to be vacated and is TO BE VACATED described as follows: That part of said Webster Street which lies southerly of the southerly 5""'*' right of wayof Sixth Avenue and norther) of the south line of Section 1 6750 Stillwater Blvd.N. Y Stillwater,MN 55082 Township 1 1 5, Range 23, Scott County, Minnesota. Phone 651.275.8969 Fax 651.275.8976 danC- cssurve, Being 7,210 sq.ft., more or less .net SHEET Exhibit ____ 1 OF 1 CORNERSTONE Depiction and Description of Webster Street Vacation PROD. NO. LAND SURVEYING, INC. Page 141 of 242 LEI 3101C Street and Alley Vacation Description: The following streets and alleys, as shown on the recorded plats of SHAKOPEE CITY, MINNESOTA, and KOEPER'S ADDITION TO SHAKOPEE CITY, MINNESOTA, on file and of record in the office of the Register of Deeds of Scott County, Minnesota, are to be vacated and are described as follows: The southerly half of Fourth Avenue lying westerly of the westerly line of Webster Street and lying easterly of the easterly line of Adams Street EXCEPT that part of Fourth Avenue lying westerly of the northerly extension of the west line of Lot 10, Block 173, SHAKOPEE CITY, MINNESOTA and lying easterly of the west line of Section 1 , Township 1 1 5, Range 23 That part of Fourth Avenue lying westerly of the northerly extension of the west line of Lot 10, Block 173, SHAKOPEE CITY, MINNESOTA and lying easterly of the west line of Section 1 , Township 1 15, Range 23 (SEE NOTE 1 BELOW) That part of Fifth Avenue lying westerly of the westerly line of Webster Street and lying easterly of the easterly line of Adams Street That part of Washington Street lying southerly of the southerly line of Fourth Avenue and northerly of the north line of Sixth Avenue TOGETHER WITH The alleys contained within Blocks 5 and 6, KOEPER'S ADDITION TO SHAKOPEE CITY, MINNESOTA The alleys contained within Blocks 172 and 173, SHAKOPEE CITY, MINNESOTA Being 143,695 sq.ft., more or less NOTE 1 : ALL THAT PORTION OF THE HEREINBEFORE DESCRIBED PORTION OF FOURTH AVENUE LYING WESTERLY OF THE NORTHERLY EXTENSION OF THE WEST LINE OF LOT 10, BLOCK 173 AND LYING EASTERLY OF THE WEST LINE OF SECTION 1 TO BE VACATED IS TO ACCRUE TO THE PROPERTY LYING SOUTHERLY THEREOF BASED ON THE BOUNDARY DESCRIPTION OF THE SOUTHERLY PARCEL EXTENDING TO THE NORTH LINE OF FOURTH AVENUE. *NOTE 2: THE CITY OF SHAKOPEE SHALL RETAIN AN EASEMENT FOR DRAINAGE AND UTILITY PURPOSES OVER, UNDER, AND ACROSS THE HEREINBEFORE DESCRIBED PORTION OF FOURTH STREET TO BE VACATED. Suite#1 6750 Stillwater Blvd.N. Stillwater,MN 55082 Phone 651.275.8969 Fax 651.275.8976 danC- cssurvey .net SHEET Exhibit ____ 2 OF 2 CORNERSTONE Description of Street and Alley Vacations PRO]. NO. LAND SURVEYING, INC. Page 142 of 242 LEI 3101C Ji—W. LII E OF EC. I, 1 •- 5�� ��E VE• 11WP.�"' RNi 23 i ppURTr F , AVE -- OHL -11 O O , i GAS SAS DENOTES PORTION OF FOURTH DENOTES PORTION OF ``> STREET TO BE VACATED WITH STREETS AND ALLEYS AN EASEMENT FOR ACCESS TO BE VACATED AND UTILITIES RETAINED BY THE CITY OF SHAKOPEE NORTH 0 150 300 Suite#1 6750 Stillwater Blvd.N. Stillwater,MN 55082 Phone 651.275.8969 Fax 651.275.8976 dan- cssurvey .net SHEET Exhibit ____ 1 OF 2 CORNERSTONE Depiction of Street and Alley Vacations PROD. NO. LAND SURVEYING, INC. Page 143 of 242 LEI 3101C City of Shakopee Memorandum TO: Kyle Sobota, Senior Planner FROM: Ryan Halverson, Assistant City Engineer SUBJECT: MN Department of Corrections -Vacation of Easement and Right-of-Way PID: Lots between 4t"Avenue to 6t"Avenue and Adams Street to Webster Street; and Cass Street and Webster Street right of way south of 6t"Avenue. CASELOG: 17046 SUDLEDGER: Not Applicable DATE: August 28, 2017 The application indicates a request to review an application to vacate easements and right-of-way on the lots between 4t"Avenue to 6t"Avenue and Adams Street to Webster Street; as well as right of way along Cass Street and Webster Street south of 6t"Avenue. This review should be considered preliminary, as more comments will follow with additional submittals. However,the engineering department offers the following comments at this time to the applicant and to the planning department: Engineering: The City of Shakopee Engineering Department requests that the applicant either do a new plat for the entire area north of 6t"Avenue or a minor subdivision. There are differences between City parcel database and what the applicant has depicted. Staff would request that the applicant provide the owner/encumbrance reports to verify the existence of all easements and lots as shown. Staff recommends the vacation of unimproved Webster Street south of 6t"Avenue. Staff recommends the vacation of unimproved Cass Street south of 6"Avenue. Staff recommends the vacation of unimproved Fifth Avenue from Adams Street to Webster Street. Staff recommends the vacation of unimproved Washington Street from 4t"Avenue to 6t"Avenue. C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\D4EA803C-5736-43E6-AE00-EFDBF85DOF16\Shakopee.1211.1.State_MN_VAC_Engineering_Comments.docx Page 144 of 242 Staff recommends the vacation of alley easements contained within Blocks 5 and 6, KOEPER'S ADDITION. Staff recommends the vacation of alley easements contained within Blocks 172 and 173, SHAKOPEE CITY. Staff does not support the vacation of street or alley along Webster Street. There are existing utilities along this right-of-way corridor. Staff does not support the vacation of half of 4t"Avenue from Adams Street to Webster Street. Staff would recommend vacating the entire right of way width of 4t"Avenue from Adams Street to Webster Street, with the condition that drainage and utility easement is provided the over the entire width of 4tn Avenue from Adams Street to Webster Street. The City of Shakopee needs additional road right-of-way dedicated along Adams Street from 6t"Avenue to 5t"Avenue. Please dedicate right-of-way to match the Roadway Easement Doc. No. 208651. Recommendation The public works department recommends conditional approval of the easement and right-of-way vacation as subject to the items above being attached as conditions of the approval. C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\D4EA803C-5736-43E6-AE00-EFDBF85DOF16\Shakopee.1211.1.State_MN_VAC_Engineering_Comments.docx Page 145 of 242 •1� Irk "' ��;a /l �✓/way/�/ lµ , unfri . r I Y s i / cot ;W ' cot / rp � �fO�IrAf�r ri/�� f/J „r i / II. r I I a Y I J u II iu I ,Il;�u III / II I I y'i II � 'I I!, ' I'Ip "� uuuuuuuuuuuuuul r r r /f III a .. M1I� ,1 ,y r j a I � ori ol�•, �� � ,,..r l� it/,� rr ^% � � �� a o1 �� , . • //�/ RESOLUTION NO. 7936 A RESOLUTION APPROVING A VACATION OF ALLEYS AND RIGHTS-OF- WAY WITHIN AND ADJACENT TO THE MINNESOTA CORRECTIONAL FACILITY- SHAKOPEE WHEREAS, the State of MN, applicant and property owner, have made an application proposing the vacation of alleys and rights-of-way within and adjacent to the Minnesota Correctional Facility- Shakopee; and WHEREAS, it has been made to appear to the Shakopee City Council that the alleys and rights-of-way is no longer of public use or interest; and WHEREAS, the proposed right-of-way and alleys to be vacated is identified within the attached legal description and sketch(Exhibit A); and WHEREAS, the Shakopee Planning Commission considered the request at its meeting of September 7, 2017, and unanimously recommended approval with conditions to the City Council; and WHEREAS, a public hearing to consider the action to vacate the public alleys and rights-of-way was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the September 19th and October 3rd, 2017; and WHEREAS, ten days published notice was provided by publication of the notice in the SHAKOPEE VALLEY NEWS and posted notice was provided by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, 1. It finds and determines that the vacation of the alleys and rights-of-way as identified in Exhibit A is in the public interest. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, THAT: Page 147 of 242 I. The State of MN provide a drainage and utility easement to the City over the proposed vacation of the Fourth Avenue right-of-way. 2. The State of MN provide a sidewalk/trail easement to the City of Shakopee for area within the existing Fourth Avenue Right-of-Way, between Adams Street and Cass Street for a possible future trail. After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in the session of the City Council of the City of Shakopee, Minnesota, held the day of , 2017. Mayor of the City of Shakopee ATTEST: Lori Hensen, City Clerk Page 148 of 242 I.O.A. PM*MA SHAKOPEE Shakopee City Council October 3, 2017 FROM: Michael Kerski, Director of Planning & Development TO: Mayor and Council Members Subject: Overview of tax increment financing and how it has been used in Shakopee. Policy/Action Requested: Discussion on Tax Increment in Shakopee Recommendation: Discussion: Shakopee has used tax increment financing since the 1970s for economic development, redevelopment and infrastructure. Staff will provide an overview and Tom Denaway from Springsted will also be available at the meeting to answer questions. Springsted is the city's TIF consultant and runs financial models for the city and has also worked on most of our TIF agreements. Also are attached are two informational pieces prepared by the State on TIF. 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' " i/ A WPM,N� , / � � r 2fi�i�r�� %o, /lir✓'�oar/." //%/ r rr+i i 1 n Mllr rr % o /r % �/ r l / / amu- 41/1" J , �a// r r'/6 w: ,r+�, r%`pi, /i- f ,�/ firm/ � /lift r I �� 4, //, lyi %'iia %f 1JHr(prfrft/f y //// 'no � 1%rr M l� LLJc:W O O >1 ,-a x C: 4-0.- E +� � � O C: =3 O O E U O 0- 0 o = E O O }' • >.% C:) U4. C:) O 0 N Cn E C: p O C� O N CO +� C O O 0 — -,.-j �--+ C6 j O co cm Ln 0 co L O C: >, M O cn C:)% p ,;1- co Jc: -0 qt E C) 0 o o — _ coCD r n aD — coo > o 0 .Ga E � '- X 0 C:0 0 4-1 mo � � O � � (n o o m O O O 0- '— U 0 U C6 0 Cn a� HOUSE RESEARCH Short Subjects Joel Michael Updated: June 2014 Tax Increment Financing What is TIF? Tax increment financing (TIF)uses the increased property taxes that a new real estate development generates to finance costs of the development. In Minnesota, TIF is used for two basic purposes: • To induce or cause a development or redevelopment that otherwise would not occure.g., to convince a developer to build an office building,retail, industrial, or housing development that otherwise would not be constructed. To do so, the increased property taxes are used to pay for costs (e.g., land acquisition or site preparation) that the developer would normally pay. • To finance public infrastructure (streets, sewer, water, or parking facilities) that are related to the development. In some cases, the developer would be required to pay for this infrastructure through special assessments or other charges. In other cases, all taxpayers would pay through general city taxes. How does TIF When a new TIF district is created, the county auditor certifies (1) the current work? net tax capacity (i.e.,property tax base) of the TIF district and (2) the local property tax rates. As the net tax capacity of the district increases, the property taxes (i.e., the "tax increment")paid by this increase in value is dedicated and paid to the development authority. The tax increment is limited to the tax derived from the certified tax rate. Increases in value that generate increment may be caused by construction of the development or by general inflation in property values. The authority uses the increment to pay qualifying costs (e.g., land acquisition, site preparation, and public infrastructure) that it has incurred for the TIF project. How is TIF used to There is a mismatch between when most TIF costs must be paid—at the Pay "upfront" beginning of a development—and when increments are received—after the development costs? development is built and begins paying higher property taxes. Three basic financing techniques are used to finance these upfront costs: • Bonds. The authority or municipality (city or county) may issue its bonds to pay these upfront costs and use increment to pay the bonds back. Often, extra bonds are issued to pay interest on the bonds ("capitalizing" interest) until increments begin to be received. • Interfund loans. In some cases, the authority or city may advance money from its own funds (e.g., a development fund or sewer and water fund) and use the increments to reimburse the fund. • Pay-as-you-go financing. The developer may pay the costs with its own funds. The increments, then, are used to reimburse the developer for these costs. This type of developer financing is often called"pay-as-you-go" or "pay-go" financing. What governmental Minnesota authorizes development authorities to use TIF. These authorities are units can use TIF? primarily housing and redevelopment authorities (HRAs), economic Page 173 of 242 development authorities (EDAs),port authorities, and cities. In addition, the "municipality" (usually the city) in which the district is located must approve the TIF plan and some key TIF decisions. TIF uses the property taxes imposed by all types of local governments. But the school district and county, the two other major entities imposing property taxes, are generally limited to providing comments to the development authority and city on proposed uses of TIF. The state-imposed tax on commercial-industrial and seasonal-recreational properties is not captured by TIF. What is the but for Before an authority may create a TIF district, it and the city must make "but-for" test? findings that (1) the development would not occur without TIF assistance and (2) that the market value of the TIF development will be higher(after subtracting the value of the TIF assistance) than what would occur on the site, if TIF were not used. What types of TIF Minnesota allows several different types of TIF districts. The legal restrictions districts may be on how long increments may be collected, the sites that qualify, and the created? purposes for which increments may be used vary with the type of district. District type Use of Increment Maximum duration Redevelopment Redevelop blighted areas 25 years Renewal and Redevelop areas with obsolete uses,not 15 years renovation meeting blight test Economic Encourage manufacturing and other 8 years development footloose industries Housing Assist low-and moderate-income housing 25 years Soils Clean up contaminated sites 20 years Compact Redevelop commercial areas with more 25 years development dense developments How many TIF According to the 2014 report of the Office of State Auditor (OSA), there were districts exist? 1,784 active TIF districts in 2012. The graph shows the relative shares by type of district. TIF Districts by Type in 2012 (1,784 districts) Housing (546) Redevelopment (866)\ Renewal(29) / Special Laws(8) ISoils(15) Pre-1979(21) Economic Development (299) Source:2014 Report of the State Auditor For more information: Contact legislative analyst Joel Michael at 651-296-5057. Also see the House Research website for more information on TIF at www.house.mn/hrd/issinfo/tifmain.aspx. The Research Department of the Minnesota House of Representatives is a nonpartisan office providing legislative, legal, and information services to the entire House. House Research Department 1 600 State Office Building I St. Paul, MN 55155 1 651-296-6753 1 www.house.mn/hrd/hrd.htm Page 174 of 242 CHAPTER 12: ECONOMIC DEVELOPMENT AND SPECIAL PROGRAMS 12.01 TAX INCREMENT FINANCING Tax increment financing (TIF) is a method of financing real estate development costs to promote development,redevelopment, and housing in areas where it would not otherwise occur, as established under Minn. Stat. §§ 469.174 to 469.1799, often referred to as the TIF Act. TIF authorities such as cities, city or county housing and redevelopment authorities,port authorities, economic development authorities, or rural development financing authorities use TIF revenues to encourage developers to invest in new projects. These projects include constructing buildings or other private improvements, cleaning polluted areas, redeveloping areas that contain blight, or paying for public improvements such as streets, sidewalks, sewer and water, and similar improvements. The Office of the State Auditor provides a checklist for county officials in the Tax Increment Financing County Guide. The checklist is not necessarily comprehensive and not every item is necessarily statutorily required, but it highlights some of the most important tasks for a county when administering a TIF district. Additionally, more information on TIF can be found on the Office of the State Auditor's website. A glossary of TIF terms is available at the end of this section for reference. There are many special rules and exceptions in TIF law. This section is an overview of TIF law as a whole. Consult statute, your county's legal department, the State Auditor's Office, or the Department of Revenue for more specific information. The TIF Concept TIF finances development by"capturing"the incremental property taxes generated by the increased value of new development. Without development, there is no increment to capture,but once there is development, tax increment provides a revenue stream that can be used to finance a project directly or reimburse qualifying expenditures. TIF as an economic development tool is often debated where proponents argue their merits as appropriate governmental activities in correcting market failures, while opponents object to the subsidies being granted. Figures 12.01-1 through 12.01-3 illustrate different perspectives with regard to TIF. Figure 12.01-1 shows a classic example illustrating the benefits of TIF. In this example, the value of the property is on a trend to decline or stagnate over time without any intervention. The implementation of TIF freezes the value for tax purposes, and the investments raise the value of the property, placing it on a more positive long-term trend. The taxes associated with the increased value are captured to pay for the investments, but other taxing districts benefit from the prevention of further tax base erosion and additional tax base upon the termination of the district. TAX INCREMENT FINANCING 12.01 - 1 UP TO DATE THROUGH 2017 SESSION Page 175 of 242 CHAPTER 12: ECONOMIC DEVELOPMENT AND SPECIAL PROGRAMS Figure 12.01-1: Classic Example of TIF TTF terminated j TIF activities induce an Declining valueincrease in valuation ,...• �•.'''�����....�. .. in blighted area .. TIF plan is . . . .. . 11 V .... enacted ;::::.:.:.:.: Difference between actual value and. A 1frL ozen value is the captured value u E 00,Benefit to other taxing Continued decline in Original Jmisdictions value absent the use taxable of TIF value ,00 TIME Figures 12.01-2 and 12.01-3 display more critical examples of the impact of TIF. Figure 12.01-2 is based on the premise that the value would increase over time, with or without TIF activities, and the freezing of the taxable value essentially takes value away from the taxable base of the taxing districts. In this scenario, there is some benefit down the road after the TIF district terminates,but it must be weighed against the cost of the lost tax base in the interim. Figure 12.01-2: Critical Example of TIF TIF terminated TIF activities induce an •••� ,�,, ���•'' er Increasing value, ,,.....•"......... Benefit to oth . . increase in valuation - no blight • �" ' taxing jurisdictions TIF plan is .l V Captured value enacted 1 r.ni I rhi M11 101110,[oil al i I U r E Value would continue Original Value hijacked from other to appreciate absent taxable taxing jurisdictions the use of TIF value TIME TAX INCREMENT FINANCING 12.01 -2 UP TO DATE THROUGH 2017 SESSION Page 176 of 242 CHAPTER 12: ECONOMIC DEVELOPMENT AND SPECIAL PROGRAMS Figure 12.01-3 is the most critical view of TIF, illustrating an example where development would have occurred without TIF, and therefore all of the captured value is a loss to the affected taxing districts and there is no positive benefit associated with what amounts to a pure subsidy. Figure 12.01-3: Most Critical Example of TIF TIF terminated 1 Activities would have Increasing value, happened without TIF no blight TIF plan is V enacted Captured value hijacked A from other iurisdictions LIF E Original Value hijacked from other taxable taxing jurisdictions value TIME Each of these scenarios has the potential to be true, ultimately making TIF a good tool only to the extent that it is prudently and appropriately used. TIF might be best employed for redeveloping blighted areas or developing property where the free market has failed to produce appropriate investment. Entities that use TIF must understand that capturing the tax base to pay for development may prevent being available to lower taxes for general purposes. Typical Uses of TIF TIF was created for the purpose of redeveloping urban areas with old or worn-out buildings in need of replacement or rehabilitation, initiated as a tool to help with urban renewal. Its use has spread to other purposes. TIF in Minnesota is generally used to: • Redevelop areas occupied with substandard buildings ■ Build housing for low-income and moderate-income families • Clean up pollution • Provide general economic development incentives ■ Finance public infrastructure, such as streets, sewer, water, sidewalks, and similar improvements An Example of How TIF is Used A developer is considering building an office building. The city would like to redevelop a site that consists of three parcels of property (parcels A, B, and Q. Parcel A is vacant and parcels B and C contain substandard commercial buildings. Parcel D contains a building in good shape. Construction of the office building will require demolition of the two buildings, installing new utilities (sewer and TAX INCREMENT FINANCING 12.01 -3 UP TO DATE THROUGH 2017 SESSION Page 177 of 242 CHAPTER 12: ECONOMIC DEVELOPMENT AND SPECIAL PROGRAMS water), and closing an alley. The cost of acquiring the property, demolishing the substandard buildings, and putting in the utility and alley improvements is $1.5 million. However, the developer could obtain a comparable site elsewhere in the area for$500,000, including special assessments for utilities. Parcels A, B, and C together have a tax capacity of$24,000 and pay $33,600 a year in property taxes at a 140.000% tax rate. If the developer builds the planned$5 million office building, the tax will rise to $304,000 per year, an increase of$280,000. To induce the developer to build on the site, the city designates a project area and creates a TIF district that includes the development site. The district consists of parcels A, B, C, and D (illustrated below in Figure 12.01-4). Parcel D must be included to permit the site to qualify as a redevelopment district under state law. The city agrees with the developer to acquire the site, demolish the substandard buildings, and put in the utility improvements and vacate the alley. The city, in turn, sells the site to developer for its market value of$500,000. This is commonly called "writing down" the cost of the land. The city's $1.5 million cost is "written down" to $500,000. The city could also write it down to zero, effectively giving the land to developer. The computation of the increment is shown in the Table 12.01-1 below. Figure 12.01-4: Example TIF District Parcel A (vacantland) Parcel B Parcel C Parcel D (subsmni&wd building) (substandard building) (building in good condition) Table 12.01-1: Example Computation of Tax Increment Parcel Original Tax Post Development Captured Tax Capacity Tax Capacity Capacity A $18,000 $224,000 $200,000 B $3,000 - - C $3,000 - - D $124,000 $124,000 $0 Total $148,000 $348,000 $200,000 Tax Rate 140.000% 140.000% 140.000% Tax Increment $280,000 TAX INCREMENT FINANCING 12.01 -4 UP TO DATE THROUGH 2017 SESSION Page 178 of 242 CHAPTER 12: ECONOMIC DEVELOPMENT AND SPECIAL PROGRAMS Source of Financing TIF districts capture the additional property taxes paid as a result of new development in the district to pay for part of the development costs. With redevelopment or new construction, the market value of the property and its property taxes typically rise. The tax revenue that is generated and collected on the new development is not distributed as provided in general law to the county, school district, city or township, and special taxing districts. The tax revenue is instead distributed to the TIF authority that created the district. The "tax increment" or"increment" for the district is determined by multiplying the original tax rate, before the TIF district was established, by the captured retained net tax capacity. Increment roughly equals the taxes paid by the captured tax capacity or the increase in taxes that occur as a result of the development. Creation of the Development District and TIF District Development District Before a TIF district can be created, geographic areas for the development district and the TIF district must be created. A development district, also known as a project area, is an area within the corporate limits of a city which has been designated and separately numbered by the governing body. In many cases, development districts are defined as the geographic boundaries of the city and within a singular development district, multiple TIF districts may exist. There are instances where there are separately numbered development districts that coincide with TIF districts. A development district must be created prior to the creation of the TIF district. Tax Increment Financing District The TIF district is defined as a contiguous or noncontiguous area within a development district, or project area, from which some or all of the properties will have tax increment generated from the captured retained net tax capacity. The tax increment financing plan should always include the legal descriptions of all the properties that are contained within the plan, along with a map delineating the boundaries. The county auditor should pay close attention to both of these descriptions in case they do not match and the county will need to contact the TIF authority and require changes to one or both of these items. TIF Plan A tax increment financing plan is a critical piece of information that details an entire project and guides the activities that will take place. TIF projects must adhere to all requirements, expenditures, improvements or other objectives listed within the plan. TIF plans must contain the following information:' 1. Statement of objectives of an authority for a project 2. Statement of property within the project that the authority intends to acquire i Minn. Stat. §469.175,subd. 1. TAX INCREMENT FINANCING 12.01 -5 UP TO DATE THROUGH 2017 SESSION Page 179 of 242 CHAPTER 12: ECONOMIC DEVELOPMENT AND SPECIAL PROGRAMS 3. List of proposed development activities for the project, for which the authority has entered into an agreement or designated a developer 4. Description of any other development likely to take place in the project and the date when they will likely occur 5. Estimates of: a. The cost of the project b. The amount of bonds to be issued c. The original net tax capacity of the property within the district d. The captured net tax capacity of the district at completion e. The duration of the district 6. Statements on the alternate estimates of the impact on other taxing jurisdictions 7. Description of satisfaction of the "but-for" findings, i.e. that development would not occur"but-for" this TIF district(except for housing districts) 8. Identification of all parcels included in the district TIF plans should also include: 1. Identification of the type of district 2. Selection of the fiscal disparities computation method 3. Description of the TIF plan's conformity to the municipality's plans for development or redevelopment as a whole 4. Certification that no permits have been issued in the past 18 months 5. TIF plan budget 6. Minimum assessment agreements, if any 7. Cost of county road improvements, if any IR NOTE If a TIF plan is later modified,the modification Additional documentation to support any of the above statute may require the municipality to make all information may also be included in the TIF plan, including required findings again. These findings must studies, analyses,reports, letters, and maps. also be supported by adequate documentation.2 Additionally, there are other statutory requirements that a TIF district must adhere to, many of which should have information included in the TIF plan. The following are some of those requirements: ■ Reporting Requirements ■ Four-year knockdown rule ■ Five-year expenditure limitations ■ Pooling restrictions ■ Excess increment rules ■ Administrative expense limits ■ Modification requirements ■ Developer agreement limitations Notice and Opportunity to Comment on TIF Plan Before a TIF plan becomes final, the TIF authority must provide the county auditor and the clerk of the school board with the proposed plan for the district. The TIF authority must also provide the plan to a Minn. Stat. §469.175,subd.4. TAX INCREMENT FINANCING 12.01 -6 UP TO DATE THROUGH 2017 SESSION Page 180 of 242 CHAPTER 12: ECONOMIC DEVELOPMENT AND SPECIAL PROGRAMS each county commissioner who represents the area if the TIF district is a housing or redevelopment district. In most cases, the TIF authority provides a copy of the proposed plan to the chair of the county board, regardless of the type of district. The county auditor and the school board clerk may be required to provide the TIF plan to the entire county board and school board. The county must have at least 30 days during which it can comment on the plans before the public hearing. The TIF authority can request a waiver of the 30-day review period from the school and the county, which can be granted upon written approval from the authorities.3 In many counties, the board of commissioners has not been active in commenting on proposed TIF districts, in part because the TIF authority is not required to respond to those comments. Some boards, however, with assistance from their county auditors, have closely examined proposed TIF districts and provided comments about them. Comments surrounding potential districts have often raised the public's concern about the proposed districts to an extent that the TIF authority either modifies components of the TIF plan or reconsiders going forward with the creation of the district altogether. Ultimately, the ability for counties to review the plans have proven helpful in detecting substantive or typographical errors and provides the TIF authority the opportunity to correct the errors prior to the approval of the district. Following are several things that counties should pay special attention when reviewing a proposed TIF plan: County Road Costs The county should examine the impact of the proposed development or redevelopment on county roads. The county board may require the authority to pay all or a portion of the cost of county road improvements out of tax increment revenues if the development will result in a substantial increase in the use of the county roads and if the improvements to the road were not scheduled for reconstruction within the five-year county capital improvement plan. If the county chooses to use increments to finance the road improvements, it must notify the TIF authority within 45 days after receiving the TIF plan of the estimated costs of the road improvements and a schedule for reconstruction and payment of the costs.4 Development District and TIF District Boundary Line Determinations The county auditor should verify that the parcel numbers, legal descriptions, and maps all coincide with each other. If there are any variances between the three of them as indicated in the TIF plan and/or with the county records as they pertain to the county records, the county should contact the TIF authority immediately upon detection of the issues. The county auditor should make sure that the legal descriptions and parcels identified to be within a TIF district are entirely within the district. If any portion of the property is not included in the district, the entire parcel is excluded from the district. In many cases, a subdivision or plat is planned to be filed. The subdivision or plat must be filed and the parce](s) created prior to the TIF district's final plan and request for certification received by the county. 3 Minn. Stat. §469.175,subd.2 and 2a. 4 Minn. Stat. §469.175,subd. 1 a. TAX INCREMENT FINANCING 12.01 -7 UP TO DATE THROUGH 2017 SESSION Page 181 of 242 CHAPTER 12: ECONOMIC DEVELOPMENT AND SPECIAL PROGRAMS Identification of Value, Classification, Tax Capacity, and Minimum Assessment Agreements The county auditor should review the values and rates used in the proposed TIF plan and makes sure that the correct values are used when determining anticipated TIF revenues. The market value, tax capacity, and local tax rates that are used as the base values for the district are dependent upon the date the county auditor receives the request for certification of the final TIF district. If a request for certification is expected to be received by the county auditor by June 30, the current payable year's estimated market value and local tax rate should be considered the base values and rate. If the request for certification is expected to be received by the county auditor after June 30, the current assessment year's estimated market value and the following year's local tax rate are considered to be the base value and rates Examination of Permits The TIF plan must certify that no building permits had been issued on any of the affected parcels for 18 months prior to the request for certification of the district. If permits have been issued on any of the affected parcels, the improvement is not to be included within the retained portion of the TIF District. Examination of any Assessment Agreements In some TIF plans, a certification of a minimum market value or assessment agreement is included. The minimum assessment agreement may be referred to in a development plan, which is generally recorded with the county recorder. In any case, the county auditor should check with the assessor as to whether the office had certified a minimum assessed value based upon the plan. If nothing has been provided to the assessor, the county auditor should contact the TIF authority and question the validity of the agreement. Financial Analysis The county auditor should review the assumptions and financial analysis sections of the TIF plan. Particular sections requiring closer review include: ■ Projected tax increment dollars ■ Sharing of increment ■ Fiscal disparity election ■ Bonded debt ■ Percentage of NTC already in TIF in municipality& county in comparison to total District Type and Duration The county should verify that the project's intended plans and district types are agreeable. The county should verify that the duration dates and planned decertification dates are within the statutory guidelines. TIF authorities may indicate a decertification date/year that is less than the maximum amount of years to run. In some instances, TIF plans assume a possible decertification date that is earlier than the maximum but do not indicate that the district will definitely decertify upon that date. Table 12.01-2 below outlines the district types, their durations, and their characteristics. s Minn. Stat. §469.177,subd. 6. TAX INCREMENT FINANCING 12.01 -8 UP TO DATE THROUGH 2017 SESSION Page 182 of 242 CHAPTER 12: ECONOMIC DEVELOPMENT AND SPECIAL PROGRAMS Table 12.01-2: Limits and Characteristics of TIF Districts Duration Limit District Type (after receipt of Geographic Areas that Qualify Permitted Uses of Increments first increment) ■ Manufacturing ■ Warehousing ■ R&D facilities Economic ■ Telemarketing Development 8 years No restrictions 0 Tourism in qualifying counties ■ Commercial developments in small cities ■ Workforce housing projects Housing 25 years No restrictions Housing for low-or moderate- income renters or homeowners Hazardous Substance 25 years Parcels in a TIF district containing Site acquisition and cleanup Sub-districts polluted sites and contiguous parcels ■ 70%occupied by buildings, 50%of Redevelopment 25 years which are substandard Correction of conditions ■ Certain rail yards justifying creating district ■ Tank facilities Renewal and 70%occupied by buildings,20%of which Correction of conditions Renovation 15 years are substandard and another 30%require justifying creating district renovation Site contains pollution and cost of cleanup Soils Condition 20 years exceeds lesser of$2/sq. ft. or the fair Site acquisition and cleanup market value of the land Compact 70%occupied by buildings classified as Correction of conditions Development 25 years District 3a C-T,renovation justifying creating district Certification of New District or Modifications to Existing Plan New District After the 30-day period for the county to comment has passed and the TIF authority has held the statutory public hearing and received approval of the TIF district, the request for certification of value and local tax rate is sent to the county auditor.6 If the request is filed after June 30, the county auditor cannot complete the certification until after the local tax rate for the next payable year is established.' This will cause a delay in the certification of values and rates, and the district will not become an active district by which increment will be collected until the payable year following the year from which rates and values are certified. 6 Minn. Stat. §469.175,subd. 3, para. (a). Minn. Stat. §469.177,subd. 6. TAX INCREMENT FINANCING 12.01 -9 UP TO DATE THROUGH 2017 SESSION Page 183 of 242 CHAPTER 12: ECONOMIC DEVELOPMENT AND SPECIAL PROGRAMS When a TIF district is created, the county auditor certifies the current tax capacity of the properties in the district as the TIF district's "original net tax capacity." The portion of the school rate attributable to the general education levy is excluded from the certified original tax rate.8 A TIF district can overlap many unique taxing areas so the county auditor may need to certify more than one set of rates. When a district is certified, the TIF authority will ask the county auditor to complete two forins. Samples of both are included on the following pages. One form is a certification request supplement (Form 12.01-1) which is sent to the county with the final TIF plan and should be completed and sent back to the TIF authority. The other form is the certification as to original net tax capacity and original local tax rate for properties located in the TIF district (Form 12.01-2), and this form is completed in part by both the TIF authority and the county auditor. One copy of this form should be kept by the county, one should be sent back to the TIF authority, the original should be sent to the Department of Revenue. Modification to an Existing TIF Plan Modifications to an existing TIF plan can be made only after notice and discussion. Sound findings for the modification must be presented and a public hearing must be held. Any of following modifications may be made to an existing TIF plan: ■ Reduction or enlargement of the geographic area of the project or district ■ Increase in the amount of bond indebtedness to be incurred ■ A determination to capitalize interest on the debt, if not already determined ■ Increase in the portion of the captured net tax capacity to be retained by the authority ■ Increase in the estimated cost of the project ■ Designation of additional property to be acquired If a TIF district is expanded, the local tax rates associated with the expansion at the time the county receives the request for certification of the expansion or modification will also need to be certified and applied toward those parcels in the expansion area. A TIF authority cannot modify an original TIF plan with the intent to change the type of the district to another type. Instead, a new plan and district will need to be adopted.' Creation of a Hazardous Substance Sub-district A TIF authority can establish a hazardous substance sub-district (HSS) within a TIF district by certifying to the county auditor at the time a TIF plan or modification is adopted that a response action plan for the removal or remedial actions has been approved by the Minnesota Pollution Control Agency. The sub-district consists of the parcels designated as hazardous and any other parcels contiguous to hazardous parcels.'° The original net tax capacity of hazardous substance sub-district is equal to the net tax capacity of the sub-district minus the estimated costs of removal or remedial actions. After the sub-district meets the Minn. Stat. §469.177,subd. 1 a. 9 Minn. Stat. § 469.175,subd.4. 10 Minn. Stat. § 469.175,subd. 7. TAX INCREMENT FINANCING 12.01 - 10 UP TO DATE THROUGH 2017 SESSION Page 184 of 242 CHAPTER 12: ECONOMIC DEVELOPMENT AND SPECIAL PROGRAMS requirements laid out in the response action plan, the original net tax capacity is increased by the amount it was reduced." "Minn. Stat. § 469.174,subd. 7, para. (b)and(c). TAX INCREMENT FINANCING 12.01 - 11 UP TO DATE THROUGH 2017 SESSION Page 185 of 242 CHAPTER 12: ECONOMIC DEVELOPMENT AND SPECIAL PROGRAMS Form 12.01-1: Sample Certification Request Supplement Tax Increment Financing District Certification Request Supplement 1. Municipality Name: 2. District Name: 3. ❑ New District ❑ District Expansion ❑ Hazardous Substance Sub-district 4. District Type: a. ❑ Redevelopment Maximum Duration: 25 years of tax increments. b. ❑ Housing Maximum Duration: 25 years of tax increments. C. ❑ Renewal and Renovation Maximum Duration: 15 years of tax increments. d. ❑ Housing Replacement Maximum Duration: 15 years of tax increments from each parcel. e. ❑ Soils Condition Maximum Duration: 20 years of tax increments. f ❑ Economic Development Maximum Duration: 8 years of tax increments 5. If the district is a redevelopment,housing,or hazardous substance sub-district,is the minimum market value tax increment delay option elected? ❑ Yes ❑ No 6. Does the district have extended duration limits provided by a special law? ❑ Yes ❑ No If yes, law citation: 7. Does the district's plan provide for any sharing of captured net tax capacity with the local taxing districts? ❑ Yes ❑ No 8. Does the district's plan provide for its captured net tax capacity to be reduced by the fiscal disparity contribution? (Seven Metropolitan Counties and Taconite Tax Relief Area Counties Only). ❑ Yes ❑ No 9. Date the district plan was approved by the Municipality: TAX INCREMENT FINANCING 12.01 - 12 UP TO DATE THROUGH 2017 SESSION Page 186 of 242 CHAPTER 12: ECONOMIC DEVELOPMENT AND SPECIAL PROGRAMS 10. District contact person: Name: Phone: Address: Signature: Date: (Prepared By) County Auditor Use Only 12. Certification Request Date: 13. Certification Date: 14. Original Value and Tax Rate Year: Taxes Payable TAX INCREMENT FINANCING 12.01 - 13 UP TO DATE THROUGH 2017 SESSION Page 187 of 242 CHAPTER 12: ECONOMIC DEVELOPMENT AND SPECIAL PROGRAMS Form 12.01-2: Sample Certification of Original Net Tax Capacity and Original Local Tax Rate STATE OF MINNESOTA STEWARTVILLE COUNTY COUNTY AUDITOR'S CERTIFICATION AS TO ORIGINAL NET TAX CAPACITY AND ORIGINAL LOCAL TAX RATE FOR PROPERTIES WITHIN THE TIF DISTRICT NO. 4-1 IN THE CITY OF STEWARTVILLE, MINNESOTA I,the undersigned,being the duly qualified and acting County Auditor of Stewartville County,Minnesota(the "County"),DO HEREBY CERTIFY to the City of Stewartville in said County(the"City"),pursuant to the provisions of Minnesota Statues, Section 469.177, Subdivision 1,that the `original net tax capacity"of all taxable property within the tax increment district designated as TIF District No.4-1 (the"District")of said City, as described in the Tax Increment Financing Plan for the area approved by resolution of the City Council dated May 30,2006,is 926 . I also certify that such original net tax capacity is composed of the tax capacity of the tax capacity of each parcel of taxable property within the District as determined by the assessment thereof in 2005 for taxes payable in 2006,this being the tax capacity most recently certified by the State of Minnesota as of the date when this certification was requested. I also certify pursuant to the provisions of Minnesota Statutes 469.177, Subdivision 1 a,that the"original local tax rate"that applies to the District is 100.956 ,this being the local tax rate for taxes payable in 2006. WITNESS my hand and the seal of the County this 30th day of May , 2006. Stewartville County Auditor (SEAL) City's record of request for certification date: May 16,2006. Please indicate the identification Please indicate the"Certification Request Number assigned by the County: Date"you placed on the County's systems: Actual Certification Date: TAX INCREMENT FINANCING 12.01 - 14 UP TO DATE THROUGH 2017 SESSION Page 188 of 242 CHAPTER 12: ECONOMIC DEVELOPMENT AND SPECIAL PROGRAMS Adjustments of Values and Rates The original net tax capacity and other values and rates may be adjusted in certain cases. Because the Legislature may change classification percentages and because of a TIF authority's dependency on minimum tax increment dollars to pay bonds, a mechanism is provided to adjust the original values and rates as needed. Additionally,parcels that are subject to a form of value exclusion are also subject to increases in the original value as exclusions are diminished or removed entirely. The following are circumstances where the county auditor and county assessor must adjust the original value or rate. Changes to Classification If a property's classification changes under Minn. Stat. § 273.13, creating a different assessment ratio, the original net tax capacity of the TIF district in which the property is located must be re-determined as if the NOTE property had originally been classified as its new classification after its use Change. 12 The determination of a classification change can be complicated by splits,combinations,new plats, or other similar divisions where the change in Any increase or decrease in net tax capacity as a result of classification may not be readily apparent. changes to any law regarding classification or percent of market value assessed for taxes must be applied proportionately to original net tax capacity and captured net tax capacity of any TIF district in all of the following years. Changes for which this provision applies include changes in class rates, changes in tier thresholds, and the elimination of a classification.13 This applies to all districts regardless of when they were created. Changes in Geographic Area If a TIF district is enlarged by a TIF plan modification,the net tax capacity of the added property should be added to the original net tax capacity. If there is a reduction in the geographic area of a TIF district, the original net tax capacity of the property being removed from the district should be subtracted from the district's original net tax capacity. Changes in Exclusion Status If a property no longer qualifies for the homestead market value exclusion, green acres, open space, metropolitan agricultural preserve, or rural preserves programs, the increased net tax capacity is added to the original net tax capacity of the TIF district.14 The law does not provide for the original net tax capacity to be increased when a property no longer qualifies for This Old House, This Old Business,platted vacant land, disabled veterans, or mold or lead reductions. In other words, if a parcel qualified for an exclusion other than the homestead market value exclusion at the time the original net tax capacity was certified, and then lost its qualification for the 12 Minn. Stat. § 469.177,subd. 1, para. (b). is Minn. Stat. § 469.177,subd. 7. a Minn. Stat. § 469.177,subd. 1, para. (d). TAX INCREMENT FINANCING 12.01 - 15 UP TO DATE THROUGH 2017 SESSION Page 189 of 242 CHAPTER 12: ECONOMIC DEVELOPMENT AND SPECIAL PROGRAMS exclusion, the increase from losing the exclusion should not be added to the original net tax capacity. If a property begins to qualify for an exclusion, the amount of original net tax capacity of the property which becomes excluded will be deducted from the original net tax capacity of the district." Properties in the green acres, open space, metropolitan agricultural preserve, or rural preserve programs cannot be included in TIF plans.16 The consequences of changes in exclusion status apply to all TIF districts regardless of when they were created. Note that the exclusion has to apply to the base year in order to require an adjustment to the original net tax capacity. Please see the examples on the following two pages for illustrations of property gaining and losing the homestead market value exclusion. i s Minn. Stat. § 469.177, subd. 1,para. 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If improvements are made to an exempt property after the municipality approves the TIF district and before the property becomes taxable, the assessor must value the improvements separately, and the auditor must 12 NOTE exclude the value of the improvements when adding the Counties should be attentive to ownership changes net tax capacity of the parcel to the original net tax as the process can get complicated if a parcel Capacity of the district. becomes partially taxable,if the portion of the property that is exempt changes from one year to the next,or if the property changes from taxable to If substantial improvements are made to a parcel after exempt and back to taxable all within the same year. certification of the TIF district, and if the parcel becomes exempt as a result the TIF authority acquiring the property through forfeiture, foreclosure, or a similar lease or revenue agreement, the new base value if the property again becomes taxable is the net tax capacity before the property became exempt.17 Taxable to Exempt If a taxable property in a TIF district becomes exempt, the original net tax capacity of the property must be subtracted from the original net tax capacity of the district.18 Ordered and Voluntary Adjustments If the net tax capacity of property located in a TIF district is reduced because of a court-ordered abatement, stipulation agreement, voluntary abatements from the assessor or auditor, or order by the Department of Revenue, the county auditory must apply the reduction to the TIF district. If the property has not been improved since the date of certification of the TIF district, the reduction is applied to the original net tax capacity. If the abatement relates to improvements made after the date of certification, the reduction is applied to the captured net tax capacity.19 Substandard Buildings If a parcel contained a substandard building that was removed, and the TIF authority chooses to treat the parcel as having been occupied by a substandard building, the auditor must adjust the original net tax capacity to equal to the greater of: 1) the current net tax capacity of the parcel or 2) the value of the parcel for the year that the building was removed, using the current class rates.20 Qualified Disaster Areas For qualified disaster areas in TIF districts, the original net tax capacity must be adjusted for the loss of value for any building that suffered substantial damage. Adjustments may be made for taxes payable in the first calendar year beginning at least four months after the date of the disaster determination.21 "Minn. Stat. § 469.177,subd. 1,para. (c). 8 Minn. Stat. § 469.177,subd. 1,para. (e). 19 Minn. Stat. § 469.177,subd. 1, para. (e). 20 Minn. Stat. § 469.177,subd. 1, para. (fl. 21 Minn. Stat. § 469.177,subd. 1,para. (g), and subd. 1 c. TAX INCREMENT FINANCING 12.01 - 19 UP TO DATE THROUGH 2017 SESSION Page 193 of 242 CHAPTER 12: ECONOMIC DEVELOPMENT AND SPECIAL PROGRAMS Limitations of TIF Increment vs. Full Taxes The increment does not always equal the full taxes paid from the captured value. The original tax rate limits increment to the taxes generated by the tax rates in effect when the district was created. So if the local governments increase their tax rates, the increased rates do not yield more increment. Furthermore, in the metropolitan area and in the taconite tax relief area, increment may be reduced by the fiscal disparities contribution for the district's properties if the city chooses that option. Factors Influencing Increments Increments may be attributed to: ■ New construction ■ Improvements ■ Overall inflation in property values unrelated to development ■ Market effects attributable to the TIF development • Market effects that are unrelated to the TIF development Using TIF as a Financing Method Development costs must often be paid up-front, but the increased property taxes, or increments, are not paid until later and only in modest amounts, relative to the development costs, spread over many years. This creates an imbalance between costs and revenues. Traditionally, TIF districts overcame this mismatch by issuing bonds. The bonds help pay for development costs and bond interest, until increments are receive, called capitalizing interest. Bond reforms in 1986, however, took away many of the incentives for financing development with bonds. Often, since 1986, developers are expected to pay the costs and be reimbursed as increments become available. This approach shifts the capitalized interest costs to developers. In some cases if possible, the TIF authority absorbs the cost by advancing its money(from another city or fund)until it can be reimbursed with the increments. Local Governments and TIF Different types of governmental units play different roles with TIF law. Development Authorities Development authorities, such as housing and redevelopment authorities, makes nearly all important TIF decisions including deciding whether to use TIF, determining how it will be used, adopting TIF plans, and so on. Development authorities also implement TIF decisions, entering development agreements, contracting for TIF work, and so forth. Municipalities The municipality, usually a city, must approve some of the TIF decisions initially made by the development authority. In a few instances, the municipality is charged with making direct TIF findings TAX INCREMENT FINANCING 12.01 -20 UP TO DATE THROUGH 2017 SESSION Page 194 of 242 CHAPTER 12: ECONOMIC DEVELOPMENT AND SPECIAL PROGRAMS or decisions. In many cases, the municipality controls the development authority or is the development authority. Counties The county is responsible for administering much of the TIF law that relates to the collection and distribution of increments. Besides that, the county's role is limited to making advisory comments on major TIF decisions made by the development authority. School Districts The role of school districts in TIF is largely limited to making advisory comments on major TIF decisions made by the development authority. Counties and TIF Counties have fairly limited roles in making TIF decisions, but they are responsible for much of the administration of TIF law. County powers and responsibilities consist of three components: 1. Making comments on proposed TIF plans and major amendments 2. Charging for county road costs that are stimulated by the TIF development 3. Administering the collection and distribution of TIF revenues for the authority TIF Plan Before approving a TIF district, the TIF authority must notify the county and provide a copy of the proposed TIF plan and an estimate of the impact on the county. If the county disagrees with the TIF proposal, its only power is to persuade the authority to abandon or modify its plans. It cannot veto or delay adoption of the plan.22 Road Costs The county may charge the TIF authority for county road costs if both of the following conditions occur: 1. The TIF district will, by the county's judgment, substantially increase the use of county roads requiring construction, improvements, or other costs 2. There is no construction for improvements to the road scheduled within five years in the county plan After receiving the TIF plan, the county has 45 days to submit the road costs to the TIF authority. The authority is required to add the improvements to the TIF plan. Since the TIF plan can be approved within 30 days and road costs may be submitted after 45 days, this may require a plan amendment.23 If the TIF authority is concerned about covering the costs, the authority and county can negotiate an agreement to permit financing. If they cannot agree, the dispute must be submitted to binding arbitration.24 22 Minn. Stat. § 469.175,subd. 2. 23 Minn. Stat. § 469.175.subd. 1 a. 24 Minn. Stat. § 469.1762. TAX INCREMENT FINANCING 12.01 -21 UP TO DATE THROUGH 2017 SESSION Page 195 of 242 CHAPTER 12: ECONOMIC DEVELOPMENT AND SPECIAL PROGRAMS Administering TIF Although counties have a very limited decision making role in TIF, county officials have a substantial role in administering TIF. Many of the tasks that county officials must perform are outlined in Minn. Stat. §§ 469.176 and 469.177. County auditors must: • Certify and maintain an ongoing record of the original tax capacity of the TIF district ■ Calculate the captured tax capacity • Notify the Department of Education of distributions of excess increments and takes to school districts • Decertify districts at the end of their legal duration limits, including enforcing the four-year and five- year knock-out rules County treasurers must: • Determine and collect the increment for the district ■ Distribute increment to the TIF authority • Distribute excess increments and taxes to the jurisdictions County assessors may have to certify assessment agreements, unless the city assessor is responsible for assessing the property. The county may require the TIF authority to pay administrative costs. These costs are not subject to the percentage limitations on administration expenses. Increments from the district are generally used for this purpose. Four-Year Knock-Down Rule If no qualifying activity has occurred on a parcel located in a TIF district in accordance with the TIF plan after four years from the date of certification of the original net tax capacity, no additional tax increment can be collected from that parcel. The original net tax capacity of the parcel should be excluded from the original net tax capacity of the tax increment financing district. Qualifying activity includes demolition, rehabilitation, or renovation of property or other site preparation such as improving a street adjacent to a parcel. Qualifying activity does not include installation of utility service such as sewer or water systems. If the TIF authority or the owner of the parcel subsequently commences qualifying activity, the county auditor must certify the net tax capacity value as most recently certified by the department of revenue and add it back to the original net tax capacity of the TIF district. The TIF authority must submit evidence of qualifying activity occurring on a parcel to the county auditor by February 1 of the fifth year after the year in which the parcel was certified as included in the district.21 "Minn. Stat. § 469.176,subd. 6, para. (a). TAX INCREMENT FINANCING 12.01 -22 UP TO DATE THROUGH 2017 SESSION Page 196 of 242 CHAPTER 12: ECONOMIC DEVELOPMENT AND SPECIAL PROGRAMS This provision applies to each parcel individually rather than the TIF district as a whole. Qualifying activity must be made on each parcel, not just within the whole district, in accordance with the TIF plan within four years after certification of the TIF district. The county auditor is responsible for enforcing the four-year knock-down rule. Because the qualifying activity is outlined in the TIF plan, the county auditor should review the TIF plan and the qualifying activity documentation to see if the two are consistent and should require information from the authority that is sufficient to make this evaluation. For districts which were certified on or after January 1, 2005, and before April 20, 2009, this four-year knock-down rule is deemed to end on December 31, 2016.26 Five-Year Rule The five-year rule essentially requires development activity for a TIF district to be completed within a five-year period beginning with the date of the certification of the district's original tax capacity. The period ends five years and one day after this date. After this five-year period has expired, increments may only be spent to pay off obligations that were incurred to fund work done during the five-year period.27 Development activity includes acquisition of property, clearing of land, site preparation, soils correction, removal of hazardous waste or pollution, installation of utilities, construction of public or private improvements, and other similar activities.28 When these obligations are paid or enough money has been collected to pay them, the county auditor will decertify the district.29 The five-year rule only applies to districts where the request for certification was made after April 30, 1990, which is the effective date of the statute creating the rule. After the Five-Year Period Costs of development activity may have been financed (through bonds, for example) and increments may be used after the five-year period. Often called the six-year rule,beginning in the sixth year after the certification of the district, increments may be spent for the following reasons: 1. To pay bonds that were issued during the five-year period to fund development activity within the five-year period 2. To pay binding contracts with a third party for activities performed during the five-year period 3. To reimburse the costs of the developer or owner if costs were incurred during the five-year period 4. To pay credit enhanced bonds for which revenues from tax increments were pledged 21 Minn. Stat. § 469.176,subd. 6,para. (b). 21 Minn. Stat. § 469.1763,subd.4, para. (a). 21 Minn. Stat. § 469.1763,subd. 1, para. (b). "Minn. Stat. § 469.177,subd. 12. TAX INCREMENT FINANCING 12.01 -23 UP TO DATE THROUGH 2017 SESSION Page 197 of 242 CHAPTER 12: ECONOMIC DEVELOPMENT AND SPECIAL PROGRAMS 5. To pay the amounts outlined in the TIF plan for certain housing projects and in biotechnology and health sciences industry zones 6. To defease the bonds (set aside money in a dedicated account to pay future obligations) in order to decertify the district Once all outstanding bonds and obligations have been paid, the district must be decertified.30 The five- and six-year rules were created to prevent development authorities from holding onto surplus tax increments rather than decertifying the district before its maximum duration limits. For a redevelopment district or a renewal and renovation district certified after June 30, 2003, and before April 20, 2009, the five-year period is extended to ten years after the district's original certification. This extension was provided primarily to accommodate delays in development activities due to unanticipated economic circumstances.31 TIF Pooling TIF pooling refers to the use of tax increments for activities located outside of the boundaries of the district from which they were collected. Minnesota law permits increments to be "pooled" or spent outside of the district on other activities. The amount that may be pooled is, however, subject to percentage limits. Not all districts have pooling authority. The authority to pool increments depends upon when the TIF district was created and the type of TIF district. It is useful to distinguish pooling authority based are four "eras" when different TIF pooling laws were in effect: 1. Pre-1979 districts: pooling authority unclear. Before enactment of the 1979 TIF Act, Minnesota had several separate laws authorizing TIF. None of these laws explicitly allowed "pooling." The statutory terminology generally treated the areas in which the increment was to be collected and spent interchangeably. However, some cities and their advisors concluded, especially in light of later explicit TIF pooling law, that pooling was permitted and acted accordingly. 2. 1979-1982 districts: no pooling. The 1979 TIF Act's language did not allow pooling. The TIF plan was required to provide for improvement of the district, or the area certified by the county auditor for the collection of increment. Increments were required to be spent in accordance with the TIF plan. A few lawyers disputed this view and advised cities that they could pool increments. As a result, several cities pooled increments during this period. Later legislation authorized that pooling, but prohibited future pooling or financing of new activities in these districts.32 3. 1982-1990 districts: unlimited pooling. The 1982 Legislature explicitly authorized TIF pooling and established a distinction between the TIF district and the project area. The law imposed no limit on the amount or percentage of increments that could be pooled. 4. Post-1990: limited pooling. The 1990 Legislature imposed percentage limits on the amount of increment that may be pooled. Pooling is permitted regardless of when the TIF district was certified. so Minn. Stat. §469.1763, subd.4, para. (a)and(b). 31 Minn. Stat. §469.1763, subd. 3,para. c. 32 Minn. Stat. § 469.1764. ("repealed) TAX INCREMENT FINANCING 12.01 -24 UP TO DATE THROUGH 2017 SESSION Page 198 of 242 CHAPTER 12: ECONOMIC DEVELOPMENT AND SPECIAL PROGRAMS Now, 25% of tax increments collected in a TIF district may be used outside the boundaries of the district but within the boundaries of the project area as defined in the TIF plan.33 Pooling may also be used to pay off obligations regardless of percentage limits for districts for which the request for certification was made before August 1, 2001.34 In 2011, a special pooling rule was created for housing projects, allowing for a greater percentage of increments to be spent outside of the district. This special rule expires December 31, 2016.35 Waiving of Increment A TIF authority may wish to waive or decline to receive an increment payment during the early years of the district, when only a small amount of increment may be generated, in an attempt to extend the maximum duration limit of the district. However, any action to waive or decline to receive an increment payment has no effect on the duration limit. The authority is considered to have received an increment regardless of whether the increment is paid to the authority.16 This provision only applies to economic development, renewal and renovation, and soils condition districts with certification requests dates after June 30, 2000. The duration limits of these districts may be affected by waiving or declining increment if their initial certification request was on or before June 30, 2000. The duration limits of certain housing or redevelopment districts with certification request dates after May 31, 1993 may also be affected by waiving or declining an increment. For many economic development districts,however, statutory duration limits are often measured from the date of the approval of the TIF plan rather than the receipt of the first increments so waiving or declining increment will have no effect on a districts maximum duration. Furthermore, the only way to delay receiving increment from housing or redevelopment districts or hazardous substance sub-districts and affect the duration limits of these districts is to have included a provision in the TIF plan. The ability to include such a provision in a TIF plan was repealed effective for districts with certification request dates after July 31, 2001. Limitations on Use of Increment Minnesota law generally prohibits local governments from using increments for general government purposes. For example, increments generally cannot be used to pay for providing police and fire protection, road maintenance, or similar operating costs. Increments may only be used for a limited set of project costs that are defined under the development authority enabling laws.37 TIF law also contains specific prohibitions intended to prevent use of increments for general government purposes, even if they qualify under the authority law as project costs. 33 Minn. Stat. § 469.1763,subd.2,para. (b). 34 Minn. Stat. § 469.1763,subd. 6. "Minn. Stat. § 469.1763,subd. 2, para. (d)and(f). 36 Minn. Stat. § 469.176,subd. lb, para. (c). 37 Minn. Stat. § 469.176,subd.4. TAX INCREMENT FINANCING 12.01 -25 UP TO DATE THROUGH 2017 SESSION Page 199 of 242 CHAPTER 12: ECONOMIC DEVELOPMENT AND SPECIAL PROGRAMS TIF captures the taxes imposed by all of the levels of government, including city/township, county, school district, and special taxing districts. Cities and development authorities, however, have nearly total control over TIF. If cities were allowed to fund their general operations with increments, costs may be shifted towards school district and county taxpayers located outside the city. Therefore, the law limits use of TIF for general government purposes. Public Improvements TIF is frequently used for public improvements, such as sewer, water, roads, sidewalks, and similar improvements. In many cases, these improvements are directly related to or part of the real estate developments that generate the tax increments,but there is no explicit requirement that these improvements relate to the development generating the increments or be located within the TIF district. Increments cannot be used to finance the construction of government buildings. This prohibition applies to virtually any type of governmental unit, whether local, state, or federal.38 Excess Increments Generally, excess increment refers to the any additional increment collected from a district which exceeds the authorized expenditures of the increment under the TIF plan. The excess increment rules help ensure that overlapping taxing districts, such as the county or a school district, share in the taxes generated by the TIF district that are not needed to fund the TIF plan. Note that the excess increments and excess taxes refer to different things. Excess taxes, sometimes called excess TIF, are the additional taxes collected due to a tax rate greater than the certified original tax rate. Calculating Excess Increments The amount of excess increments in a district can be calculated in the following steps:39 1. Determine the total amount of increments collected from the district since its certification. This includes developer repayments of amounts funded with increments, investment income earned on increments, and so forth 2. Subtract any amount of excess increments that were distributed in a prior year 3. Subtract the total amount of costs authorized by the TIF plan to be paid with increments 4. Add the amount of authorized costs that were paid from non-increment revenues. For example, if part of the authorized costs were paid with a federal or state grant, then increments are not needed to pay these costs. This adjustment does not apply to revenues like advances or interfund loans that are to be repaid with increments. 5. Add the amount of non-increment revenues that have been received and are dedicated to paying authorized costs but have not yet been used 6. Add the amount of principal and interest payments due on bonds in future years that have not been prepaid 7. Add the amount of transfers of increment made to reduce deficits in other districts 3s Minn. Stat. § 469.176,subd.4g, para. (b). 39 Minn. Stat. § 469.176,subd. 2, para. (b). TAX INCREMENT FINANCING 12.01 -26 UP TO DATE THROUGH 2017 SESSION Page 200 of 242 CHAPTER 12: ECONOMIC DEVELOPMENT AND SPECIAL PROGRAMS The resulting amount is the excess increment for the district. The TIF authority must determine whether the district has excess increments at the end of each calendar year. This determination is made based on revenues actually received by year end.40 Use of Excess Increments Excess increments must be used only for the following purposes:41 ■ Prepaying or discharging any outstanding bonds. This can be done directly or by funding an escrow account for the bonds ■ Distribution to the city, county, and school district in proportion to their respective tax rates. The county auditor makes these distributions These are the only permitted use of excess increments. If all of the contractual obligations of the district have been satisfied, the authority can also decertify the TIF district early. For districts certified before 1990, TIF authorities may amend their TIF plan to authorize new uses of increments. This would allow only future increments to be used for these new purposes, since past increments would still be considered to be excess increments. Reporting Within 30 days after making a distribution of excess tax increment to a school district, the county auditor must report to the Department of Education the amount of excess tax increment the school district received. This is intended to allow re-computing of the school's state aid.42 Deficits The TIF Act contains four special provisions for dealing with deficits in a TIF district. Special Deficit Authority Special authority for handling deficits under Minn. Stat. § 469.1792 applies only to an authority with a preexisting TIF district for which either of the following is true: ■ The increments from the district are insufficient to pay preexisting obligations as a result of rate changes or the elimination of the state-determined general education property tax levy ■ The TIF authority has a binding contract, entered into before August 1, 2001, with a person requiring the authority to pay an amount that may not exceed the increment from the district Special deficit authority is only available for the TIF authority of districts of which the request for certification was made before August 1, 2001. A TIF authority qualifying for special deficit authority may take any or all of the following actions to eliminate its deficit: ■ Determine that the original local tax rate certified for the district does not apply anymore 40 Minn. Stat. § 469.176,subd. 2, para. (a). 41 Minn. Stat. § 469.176,subd. 2, para. (c). as Minn. Stat. § 469.176,subd. 2, para. (e). TAX INCREMENT FINANCING 12.01 -27 UP TO DATE THROUGH 2017 SESSION Page 201 of 242 CHAPTER 12: ECONOMIC DEVELOPMENT AND SPECIAL PROGRAMS ■ Compute the fiscal disparities contribution according to Minn. Stat. § 469.177, subd. 3,para. (a), regardless of the computation method was chosen when the district was certified Special deficit authority must be granted by municipal resolution after notice and public hearing. A TIF authority which takes these actions must do so on an annual basis and must notify the county auditor by July 1 of the year before the actions are to become effective. Pooling Permitted for Deficits The municipality of a TIF district may transfer available increment from one TIF district to another within the municipality if the transfer is necessary to eliminate a deficit. This provision is an exception to the multi-county use prohibition under Minn. Stat. � 469.176, subd. 4i, and to the pooling limitations outlined in Minn. Stat. § 469.1763, subd. 2. The municipality may only use this authority after it has used all available increments in the transfer-receiving district to attempt to eliminate the deficit and it has exercised any permitted action through special deficit authority. Duration Extension to Offset Deficits An authority may extend the duration limit of a TIF district under Minn. Stat. § 469.1794 if the increments from the district are insufficient to pay qualifying obligations due to changes in the class rates and elimination of the state-determined general education property tax levy of 2001. A district must first exercise its special deficit authority and transfer options before extending its duration limit. Then, the district may only extend its duration limit with municipal approval after public notice and hearing. A district's duration can be extended to the lesser of the following: ■ Four years ■ The tax reform percentage for the district multiplied by the remaining duration of the district The county auditor calculates the tax reform percentage, which is equal to the district's original tax capacity taxes paid in 2001 minus the average of the original tax capacity taxes paid in 2002 and 2003, all divided by original tax capacity taxes paid in 2001. If these extensions are still not sufficient to eliminate the deficit, the Department of Revenue may grant a further extension of up to two years. Special Taxing Districts for Deficits The provision allowing municipalities to establish a special taxing district within a TIF district in order to reduce deficits was repealed in 2012. TAX INCREMENT FINANCING 12.01 -28 UP TO DATE THROUGH 2017 SESSION Page 202 of 242 CHAPTER 12: ECONOMIC DEVELOPMENT AND SPECIAL PROGRAMS Delinquent Taxes from Decertified TIF Parcels A county auditor may distribute property tax revenue from a parcel in a former TIF district to the TIF authority as tax increment if the revenue is collected after the TIF district was decertified only if the following three conditions exist:43 ■ The parcel on which the property taxes were paid must have been part of the TIF district at the time it was decertified. ■ The property taxes must have been delinquent, not merely past due, at the time the TIF district was decertified. ■ The failure to pay the delinquent property taxes when they were due either caused the TIF authority to be unable to pay obligations or must have forced it to use non-TIF funds to pay the obligations If the delinquent property taxes collected after a TIF district was decertified do not meet these requirements, the county auditor should distribute the funds as ordinary property tax revenue, not tax increment. Decertification of TIF Districts The county auditor is responsible for decertifying TIF districts, even if the TIF authority has not sent a notification or resolution formally decertifying the district. It is important for county auditors to closely monitor TIF districts to ensure that they are decertified at the correct time. A TIF district must be decertified at the earliest of the following times:" ■ The maximum duration limit according to the TIF plan and/or statute ■ Failure to comply with income requirements for housing projects ■ Completion of requirements to decertify under the six-year rule ■ Upon request for decertification from the TIF authority A TIF district may be decertified after the truth-in-taxation due date,but prior to the mailing of the property tax statements. The amount of property tax shown on the taxpayer's property tax statement will be lower than that shown on the truth-in-taxation notice.45 This ensures that there is not a transparency or disclosure issue in regard to the property taxes. When a county auditor or TIF authority decertifies a TIF district, the district no longer contains any parcels and the distribution of tax increments stops, except for certain delinquent taxes. The TIF authority must also return any excess increment, and the county auditor must distribute the increment as excess taxes. The county auditor must complete and file a confirmation of decertified TIF district form with the State Auditor upon the decertification of any TIF district. The form requires information and certification 4a Minn. Stat. § 469.176,subd. If 4a Minn. Stat. § 469.177,subd. 12. 4s There is one exception to this general statement.Parcels within the TIF District being decertified will not have lower property taxes on the property tax statement. However,the parcel owners must go through a legal process to have their district decertified. As long as those involved are fully aware of the effects of the decertification,then there are no transparency or disclosure issues. TAX INCREMENT FINANCING 12.01 -29 UP TO DATE THROUGH 2017 SESSION Page 203 of 242 CHAPTER 12: ECONOMIC DEVELOPMENT AND SPECIAL PROGRAMS from both the county auditor and the TIF authority, generally accompanied by the resolution of the TIF authority decertifying the district. After completion, the County Auditor should retain a copy for their files, send a copy to the TIF authority, and send the original to the State Auditor's Office. This form can be found on the State Auditor's website. TAX INCREMENT FINANCING 12.01 -30 UP TO DATE THROUGH 2017 SESSION Page 204 of 242 CHAPTER 12: ECONOMIC DEVELOPMENT AND SPECIAL PROGRAMS Tax Increment Financing Glossary Administrative expenses are all expenditures of a TIF authority other than the direct cost of physical improvements, including architectural and engineering fees. They include expenses such as bond counsel and fiscal consultant fees and the authority's operating costs.46 The amount of increments that may be spent on administrative expenses is limited. For most districts, the limit is 10% of expenditures authorized by the TIF plan or of the total increments from the district, whichever is less. For districts certified between August 1, 1979 and July 1, 1982, the limit is 5%. These rules apply to TIF project areas rather than just the district. There is no limit on increments used to pay county administrative expenses.47 Assessment agreements establish a minimum market value of development in a TIF district for property tax purposes, regardless of the development's actual market value.4g Assessment agreements reduce the risk to the authority and city that the tax increments will not be sufficient to pay obligations of the project. Since the liability for property taxes has priority over the mortgage lenders' liens, property taxes generally will be paid even in a foreclosure situation. Although assessment agreements reduce the risk to the city, they do not eliminate it. Increments may still fall short of projections if the legislature changes class rates or the taxing districts' tax rates drop. In addition, temporary cash shortfalls may occur if a developer goes bankrupt and the mortgage lender does not step in immediately to make property tax payments. Assessment agreements are binding on a purchaser of the property. Blight or blighted areas is redevelopment jargon for areas that contain high percentages of dilapidated buildings or otherwise deteriorating and substandard structures. The term was originally used largely to refer to slum housing and its effects on the quality of housing and commercial structures in adjoining areas. TIF redevelopment districts, TIF renewal and renovation districts, and HRA project areas must meet statutory tests for blight, where a percentage of the buildings, streets, utilities, or similar structures are considered"substandard." The but-for test is a finding requirement when creating a TIF district. A municipality must find that, in its opinion, the subsidized development would not have happed but for the use of TIF. Capitalized interest is the issuance of additional TIF bonds to pay the interest on the project's debt until increments begin to be received. TIF involves an inherent mismatch in costs and revenues. Most costs are incurred at the beginning of development, but increments are collected only when the development begins paying increased property taxes, at least two years later. This mismatch can be overcome by borrowing money to cover interest payments. Captured tax capacity is the current property tax capacity of the parcels of property in the TIF district area, less the original tax capacity. Captured tax capacity multiplied by the original local tax rate yields the amount of increment.49 a�Minn. Stat. § 469.174,subd. 14. 47 Minn. Stat. § 469.176,subd. 3. aH Minn. Stat. § 469.174,subd. 8. a9 Minn. Stat. §469.174,subd.2. TAX INCREMENT FINANCING 12.01 -31 UP TO DATE THROUGH 2017 SESSION Page 205 of 242 CHAPTER 12: ECONOMIC DEVELOPMENT AND SPECIAL PROGRAMS Certification request date is the date which a TIF district's requests to the county auditor for the certification of original values and original local tax rates for the properties comprising the increment district. For a request that is mailed to the county auditor, it is the postmark date on the mailing envelope. For a request that is hand delivered to the county auditor, it is the delivery date which should be stamped on the request by the county auditor. The certification request date is not the date that the county auditor certifies the requested original values to the increment district. Credit enhanced bonds are TIF revenue bonds that are secured by pledges of increments from several TIF districts. Credit enhanced bonds are bonds used to finance improvements in a TIF district. They first rely on increments from that district for repayment, but if those increments are not sufficient, increments from other districts may be used to pay the bonds. These payments are not considered to be pooling and do not violate pooling percentage limits.so A development authority or authority is a government entity authorized to exercise tax increment financing powers. Authorities include cities, economic development authorities (EDAs), housing and redevelopment authorities (HRAs), port authorities, and rural development finance authoritieS.51 The most common development authorities are HRAs and EDAs. District area is the area containing properties from which increment is collected. The area is defined by the TIF plan and is part of the larger project area. The district does not need to be contiguous.52 Economic development authorities or EDAs are special purpose governmental entities authorized to exercise a variety of development powers, including tax increment financing powers. EDAs are typically created by cities, although most counties are now also permitted to establish EDAs either under special or general law.s3 An economic development district is a type of TIF district that may be established in any geographic area. Economic development districts are not restricted to blighted areas or to areas with development difficulties. Economic development districts are to be used to keep a business in Minnesota or the city, to increase employment in the state, or to preserve and enhance the state's tax base.i4 Excess increments are increments that exceed the amount needed to pay the costs authorized under the TIF plan for the year. Increments are not excess increments if the TIF plan still permits additional expenditures. Excess increments must be used to pay outstanding bonds or to be shared proportionately to the city, county, and school district.ss Excess taxes are the additional taxes collected due to a tax rate greater than the certified original tax rate. Excess taxes are distributed proportionately to the city, county, and school district.56 50 Minn. Stat. § 469.174,subd. 21. 51 Minn. Stat. § 469.174,subd. 2. 52 Minn. Stat. § 469.174,subd. 9. 51 Minn. Stat. § 469.174,subd. 2;Minn. Stat. §�469.090 to 469.1082. 54 Minn. Stat. § 469.174,subd. 12, see Minn. Stat. §469.176,subd.4c. 55 Minn. Stat. § 469.176,subd. 2. 56 Minn. Stat. § 469.177,subd. 9. TAX INCREMENT FINANCING 12.01 -32 UP TO DATE THROUGH 2017 SESSION Page 206 of 242 CHAPTER 12: ECONOMIC DEVELOPMENT AND SPECIAL PROGRAMS The four-year knock-down rule requires development activity to occur on a parcel located in a TIF district within four years after its creation. If no development activity has occurred, the parcel will be dropped from the district. The parcel will be re-instated if development activity occurs, but at its current value instead of its original certification value. This rule can be satisfied by demolition, rehabilitation, or renovation on the parcel or by improvement of a public street adjacent to the parcel. Installing utilities does not qualify.57 Fiscal disparity captured-value contribution is the portion of a TIF district's captured value that is contributed to a fiscal disparity pool. This only applies to municipalities in the seven-county metropolitan area or the seven-county iron range area. A municipality's decision to contribute to the fiscal disparity pool from the TIF district is outlined in the TIF plan. This determination is outlined in the TIF plan.5; The five-year rule requires that, following the fifth year after the certification of the district, increments only be spent to decertify the district by paying off obligations. Increments may only be spent to pay bonds or contracts that financed improvements or to reimburse the developer for costs it paid to make improvements in the district.59 The general education levy impacts the calculation of the original local tax rate and excess increment. Excess tax increment due to the general education levy is first paid to this fund. Only after the general education levy has been paid in full can excess increment be calculated in the normal manner. The general education levy does not receive proportional excess as the county, city, and school funds do.60 General obligation municipality bonds are TIF bonds to which the municipality pledges its general obligation. If the increment or other pledged revenues are insufficient to meet debt obligations, the city must levy a property tax to make up the difference. Although these bonds are general obligation city bonds, they are not subject to the election or referendum requirements if more than 20 percent of the cost will be paid with tax increments.61 General obligation authority bonds are TIF bonds that are backed by the full faith and credit of the development authority but not the city. If the increment or other revenues prove insufficient, the development authority must use any available authority revenues to make up the difference. However, because the authority has only limited taxing authority, a general tax levy cannot be imposed to make up the shortfall.62 A hazardous substance sub-district is a type of TIF district that is used to finance the clean-up cost of properties containing pollution. A hazardous substance sub-district is created within another, regular TIF district. The original tax capacity of the sub-district is reduced by the cost of clean-up, but not below zero,providing immediate increment from the existing property value. A hazardous substance site may only collect increments for as long as the time necessary to recover the cost of cleaning up the pollution. s'Minn. Stat. § 469.176,subd. 6. ss Minn. Stat. § 469.177,subd. 3. 59 Minn. Stat. § 469.1763,subd.2. 60 Minn. Stat. §469.177,subd.9, para. (d). bi Minn. Stat. § 469.178,subd. 2,Minn. Stat. §475.58, subd. 1. ba Minn. Stat. § 469.178,subd. 3. TAX INCREMENT FINANCING 12.01 -33 UP TO DATE THROUGH 2017 SESSION Page 207 of 242 CHAPTER 12: ECONOMIC DEVELOPMENT AND SPECIAL PROGRAMS The additional increments received as a result of reducing the original tax capacity by the clean-up costs may only be used to pay clean-up and related costs. Other increments collected in the overlaying regular TIF district may also be used to pay clean-up costs.63 Housing districts are TIF districts created and used primarily to provide housing for low- and moderate-income families. To qualify as a housing district, 80% or more of the square footage of the development must be used for low- and moderate-income housing. In addition, specified income guidelines apply to individuals occupying the housing. Housing districts are not restricted to blighted areas.64 Housing and redevelopment authorities or HRAs are development agencies authorized to exercise TIF powers for redevelopment and housing projects. The county authorization, however, does not extend to Ramsey County or to counties with housing authorities established under special laws.65 Interest rate write-down programs use tax increments to subsidize the interest payments on private loans to finance low- and moderate-income housing developments. Tax increments from a district may not be collected to provide interest reduction programs for more than 15 years. This limit starts with the first interest reduction payment. Interest reduction programs may not be used for owner-occupied, single-family dwellings.66 Interfund loans are loans or advances made by the development authority or municipality to pay TIF costs that will be repaid with tax increments. These loans must be authorized by a resolution of the authority or municipality which must be passed before the loan is made. The terms of the loan must be in writing and include the principal amount, term, and interest rate.67 A land write-down occurs when a TIF authority transfers property to a developer at less than authority's acquisition cost. For example, an HRA may acquire a parcel for $1 million and spend an additional $100,000 demolishing a building on the property. If the HRA sells the property to a developer for $500,000, the price of the land is "written down" from the HRA's $1.1 million cost to $500,000. The authority may give the land to the developer, or"write it down"to $0. A municipality is the general purpose governmental unit required to approve new TIF districts, the issuance of bonds, and other major TIF decisions made initially by the TIF authority. In most cases, the municipality is the city in which the project is located, but it may be a township or a county. For projects located outside of a city or for certain multi-county projects, the municipality is the county.68 Original tax capacity is the tax capacity of the TIF district at the time the TIF district is established. The original tax capacity is subject to adjustment if tax exempt property in the district becomes taxable, taxable properties become tax exempt, the legislature modifies the class rates of properties in the district, properties qualify for an exclusion, or parcels are added to or deleted from the district.69 63 Minn. Stat. § 469.175,subd. 7. 64 Minn. Stat. § 469.174,subd. 11;Minn. Stat. § 469.1761. 6s Minn. Stat. §469.174, subd. 2;Minn. Stat. U 469.001 to 469.047. 66 Minn. Stat. § 469.176,subd.4f 67 Minn. Stat. § 469.178,subd. 7. 6R Minn. Stat. § 469.174,subd. 6,Minn. Stat. §469.175, subd. 3. 69 Minn. Stat. § 469.174,subd. 7. TAX INCREMENT FINANCING 12.01 -34 UP TO DATE THROUGH 2017 SESSION Page 208 of 242 CHAPTER 12: ECONOMIC DEVELOPMENT AND SPECIAL PROGRAMS Original local tax rate is the sum of the tax rates imposed by all the taxing districts in the year the TIF district is created. This rate is multiplied by the captured tax capacity to determine the amount of tax increment. These rules apply only to post-1988 districts. For pre-1988, increment is determined using the current year local tax rates. Local tax rates are after adjustment for any disparity reduction aid. The original local tax rate never changes.70 Pay-as-you-go financing relies on the private developer or property owner to initially finance the costs of the TIF improvements. A development agreement between the authority and the developer provides that the developer will be repaid as tax increments are collected. This method of financing allows the city or authority to avoid borrowing money to pay for the costs of up-front or capitalizing interest. The developer may only be reimbursed for costs that increments can legally be spent on. Pay-as-you-go financing has become more popular after the federal tax law made it more difficult to use tax exempt bonds to finance many TIF costs. Pooling increments is the permitted spending of increments outside of the TIF district but within the project area.71 Port authorities are special purpose governmental entities authorized to exercise a variety of development powers, including TIF powers. Only a limited number of cities have port authority powers.72 Pre-1979 districts are TIF districts for which certification was requested before August 1, 1979. These districts are generally not subject to rules of the TIF Act, with some exceptions.73 Pre-1982 districts are TIF districts for which certification was requested before July 1, 1982. These districts do not qualify under the 1982 amendments to the TIF Act, including the authority to spend increments on activities outside the district area and to spend more than 5% of increments on administrative expenses. Pre-1988 districts are TIF districts for which certification was requested before May 1, 1988. These districts are not subject to most of the restrictions that were enacted by the 1988 legislature. These include the calculation of increment revenues based on the certified original tax capacity rate, the restrictions on soils condition districts, the requirement to pay the county's administrative costs, and a variety of other restrictions. Pre-1990 districts are TIF districts for which certification was requested before May 1, 1990. These districts are not subject to most of the 1990 changes in the TIF law. Included in the 1990 changes were limitations on pooling and the five-year rule. The enforcement provisions of the 1990 act apply to all TIF districts. To qualify as a pre-1990 district, the development authority had to do one of the following by June 1, 1991: enter into a development agreement for a site in the district, issue bonds, or acquire property in the district. 70 Minn. Stat. § 469.177,subd. Ia. 'i Minn. Stat. § 469.1763. Minn. Stat. § 469.174,subd. 2,Minn. Stat. §§ 469.048 to 469.089. 73 Minn. Stat. § 469.179. TAX INCREMENT FINANCING 12.01 -35 UP TO DATE THROUGH 2017 SESSION Page 209 of 242 CHAPTER 12: ECONOMIC DEVELOPMENT AND SPECIAL PROGRAMS Pre-existing district is a TIF district for which the request for certification was made before August 1, 2001. Special deficit reductions are limited to pre-existing districts.74 These deficit reduction provisions are intended to provide development authorities options for increasing increments in response to the effects of the 2001 property tax reform. The 2001 reform significantly reduced increments statewide and made it difficult for some districts to meet their contractual and bond obligations. Pre-existing obligations are TIF bonds, contracts, pay-as-you-go contracts, and interfund loans that were approved or issued before August 1, 2001. The special deficit reduction provisions are generally limited to paying preexisting obligations. Contacts to issue bonds must have been approved before July 1, 2001.75 Prior planned improvements are improvements for which building permits were issued 18 months before certification of the TIF districts. The property value of these improvements may not be captured and must be added to the original tax capacity.76 Project area is the geographic area in which tax increment revenues may be spent. These revenues must be collected from TIF districts located in the project area. Project areas are designated by the development authority, such as the HRA, EDA,port authority, or municipal development act, under the applicable development law.77 Qualified disaster area is an area that was subject to disaster or emergency as declared by the federal, state, or local government in the last 18 months. The disaster must have caused substantial damage to at least half of the buildings in the area, where at least 70% of the parcels are occupied by buildings, streets, utilities,parking lots, or other similar structures. These areas can be designated a redevelopment district with an original tax capacity equal to the value of the land after the disaster.78 Retained captured value is the captured value minus any portion that is shared with the taxing districts and minus any portion that is contributed to the fiscal disparity pool. The retained captured value is the value which determines the TIF district's increment. It is also the value that is excluded from a taxing district's net tax capacity in determining its taxable net tax capacity. The retained captured value is determined for an increment district in total, not on a parcel by parcel basis. A redevelopment TIF district is a type of TIF district used to finance the redevelopment of areas occupied by substandard buildings and other structures or railroad properties. To qualify as a redevelopment district, 70% of the district's area must be occupied by buildings and structures and 50% of those must be structurally substandard. The area may also qualify as vacant or underused railroad property, a tank facility, or a qualified disaster area.79 74 Minn. Stat. § 469.1792,subd.2,para. (b). 71 Minn. Stat. § 469.1792, subd.2,para. (c). 76 Minn. Stat. § 469.177,subd.4. 77 Minn. Stat. § 469.174,subd. S. 71 Minn. Stat. § 469.174,subd. 1 Ob;Minn. Stat. § 469.177, subd. 1,para.(0. 79 Minn. Stat. § 469.174,subd. 10. TAX INCREMENT FINANCING 12.01 -36 UP TO DATE THROUGH 2017 SESSION Page 210 of 242 CHAPTER 12: ECONOMIC DEVELOPMENT AND SPECIAL PROGRAMS A small city under the TIF law may use economic development districts for small commercial developments, such as retail and office space. To be considered a small city, the city's population must be 5,000 or less, and it may not be within ten miles of a city with a population of 10,000 or more. This is intended to disqualify suburbs of larger cities.R0 A soils condition TIF district is a type of TIF district that is used to finance correction of hazardous waste or pollution removal or remediation. Clean-up costs must exceed$2 per square foot or the market value of the property. Increments from soils condition districts may only be expended to acquire property, clean up contamination, and pay for administrative expenses.81 The statewide median family income is a requirement for certain types of TIF districts (i.e. economic development and housing). This figure is calculated by the United States Department of Housing and Urban Development.82 Data sets are available online. The tax increment financing plan states the objective of a TIF district, the activities to be undertaken, the type of district to be created, the estimated costs, and other details of a proposed district. The TIF plan must be approved by the municipality after a public hearing. The plan defines and limits the activities that may be undertaken with the increments collected from the district. The plan may be amended at any time, but a public hearing must be held before significant changes can be made. The geographic area of a TIF district cannot be increased five or more years after the district was created.83 Tax increment revenue bonds are payable only by revenues generated by the TIF district itself." Tax increments include the property taxes paid by the captured value of the TIF district, interest or other investment earnings on tax increments, proceeds from sale or lease of property purchased with tax increments, and repayments or the return of tax increments to the authority.85 Tourism counties are counties in which economic development districts may be used for tourism projects. Qualifying counties must have a median income at or below 85% of the state median and be located in development regions 1, 2, 3, 4, 5 OR 7E. Furthermore, within tourism counties, tourism facilities must not be located in a city with a population greater than 20,000, and the facility must be acquired, constructed, or rehabilitated for a privately owned convention and meeting facility primarily serving individuals from outside the county.86 80 Minn. Stat. § 469.174,subd. 28;Minn. Stat. § 469.176, subd. 4c. 81 Minn. Stat. § 469.174,subd. 19;Minn. Stat. § 469.176, subd. 4b. "Minnesota Rules 4900.0010, subd. 23,para. (c)(2). sa Minn. Stat. § 469.175. Minn. Stat. § 469.178, subd.4. as Minn. Stat. § 469.174,subd. 25. ab Minn. Stat. § 469.174,subd. 22. TAX INCREMENT FINANCING 12.01 -37 UP TO DATE THROUGH 2017 SESSION Page 211 of 242 11.A. PM*MA SHAKOPE: Shakopee City Council October 3, 2017 FROM: Darin Nelson, Finance Director TO: Mayor and Council Members Subject: City Bill List Policy/Action Requested: None Recommendation: Informational Only Discussion: Attached is the most recent monthly Financial Report for the General fund. These reports reflect the expenditures as recorded for 2017 activity. The following transactions are notable for this reporting cycle: • Kuechler Underground Inc. has requested estimate pay voucher 4 for the 2017 Street Reconstruction project. $251,256.68 • Northern Asphalt Inc. has requested estimate pay voucher 3 for Whispering Oaks Sanitary Sewer Extension project. $236,621.63 • Towmaster Truck Equipment has submitted for payment the parts that will be installed on the new single axle plow truck. These parts are: box, hoist, plow, controls and accessories. $115,362.00 Included in the check list are various refunds, returns, and pass through. Budget Impact: Operating and capital expenditures within the 2017 budget. ATTACHMENTS: Page 212 of 242 D Monthly Financial Report D Council Check Summary D Council Check Register D Bill List Transfers Page 213 of 242 01 O M V) M V) 00 \0 01 cG � � M M M V O O 01 — l� l� M `C -I N 01 N 01 01 Cl V") O 01 01 O " A 00 -- M Ql V i N M O N cr i O M 01 00 O 00 V) 01 GD IC N O C1 N 01 N 00 M N M M � 73, M N C/1 �Ih" SII" SII"" SII" SII" ill" �Ih" °llillll lJl a 01 N O d1 N V) k N W) V) N l-- �O 00 y v •� a1 O t �,c a1 M "0 M 't \c O W� N o0 N O 't V') 't 't V) M . N N -- -- M 00 N M S -- — O N Wo FSI i--�i"� i--� i"�i--�i--• i"�i" i--��i"�i--.i"� i-- r"� M M V-� � O l-- \G 01 I'D r M O l-- V7 't � N M r- 01 ' 01 M O O n 0o O 0! 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U r r r r r r OO) n 0) r n 0) n Cl) Cl) M M M co (3) O 7 U O V M M M r LO m V V V V V V V O 0 z LO LO V V V V LA cA (n (n (n V V V V r r r r r r r r r r r r r r r r p U U J z J It W J w W z O W Ll H F- LL W LU D J2 J W = J Q w U U d LL p Q O Z Z O = 0 LU = O O 3W Z w U c L Z Z Q w O a O Q Q w U 7 U F W W OU a U U J O o_ m W U J z z w a a W Q Q V Q Q Q Q Q Q Q Q \ O N p W O � M M p 000 LO a N V 0M Z N N (n w M z O N O) .Q O 00 7 M O O 00 D O O LL O O LLLU LU O O O n K J w O O O O LO LO O O O O O ON_ V V V V 7 N n O n a 7 C O O O O n n O O O O O O n n n n n 00 O) O O) LO 0LO LO O O M M O O LO LO n n LO V V V V V 00 co (0 LO O) O V 7 O O Cl) Cl) O O n n cD cD 7 N N N N N (D 7 N n E N N Cl) Cl) 7 7 M LO LO LO LO LO LO Q r r � � r r M O O m n n n n n n n n n O O N N N N N N N N N J � p N N N N N N N N N Y ti r- Cl) r- i n m n U o 0 0 0 0 0 0 0 0 Y °C Page 216 of 242 6 N M U) (n (n Cn Cn Cn Cn Cn Cn Cn Cn (n (n (n (n (n N W K W W W W W W W W W W W W W W W Q LL ❑ W LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL n o3 WI-- od od o6 o6 6 o6 o6 od 0 05 xS xS ob ab od ~ o H W ZH H H H H H H H H H H H H H H Z Z N Z 2 W Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Q w N w Q aS U Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q O ° Z IL O Z a U rn 7 U w z U U U U U U U U U U U U U U U w NH H H H H H H H H H H H H H H H U W Q N W W W W W W W W W W W W W W W W w d J C J ❑ J J J J J J J J J J J J J J J wY U) ❑ � Q U) w U) w a z O C CL — Z Z U) w a' o_ O IL H Z Z QODOZ ( Q Q w U ¢ m a ❑ Z g z z z z z z z z z z z z z z z w w w w w w w w w w w w w w w D z z F- (!) w w Q� 0C G� G� G� G� Of w w z o ¢ Z cC cC cC w _a CL O o w w w w w w w w w w w w w w w U W LL — J m m m m m m m m m m m m m m m Q > Q d Z H H H H H H H H H H H H H H H CC O O O D m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 w w a `m o a U S O z N N O l!) 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J O O w Z (� J p ❑ U p_ 0 (¢j W W w U >� U U \ N > N a0 Cl) Cl) Q U W 00 O LL U LL O O O O 7 W M LO O 7 O Cl) (O N f— r 7 N h O M M N O (O 7 (O N Cl) O f— LO N C N N O O V LO O V aJ M N (O CO O m V M U V (O OJ O O Il rl m OJ N N O W 00 LO LO N (0 LO M co E co 00 W W Q m m O O U O N N N J �p ❑ N N N_ N (0 h Y # oo m m U o 0 0 Y Ln Ln °C Page 218 of 242 F- F- F- z z z w w w rn v LU LU L z M W W W ¢ O U ¢ ¢ w z z 0 0 z z z z LU LLI a a a Lu G� m m � Ir N O 0 w (w (W7 w ❑ ❑ w N LL a Q LL LL ¢ Q ¢ Q z z Q rn IL cn Q '� rn rn Q '> Q '> LLL LDL z N w r 0 w w r C) F 0 C) w a c J W Y L~L� w I¢i _J J W .Y W W L¢L W Y LU w I¢i l¢i Q W QOf m a J W ❑ U U K CC W 2i K K < W Zi K U U LL Q Q H Q J W 7 H Q J W 7 U) U) U z m LL U) LL LL U) U) LL LL W LL LL U) U) U) LL LL U) U) W W U) W J m wLLI¢ 7 U U (7 0 (D (D U (D (7 (7 (D U (7 (7 (7 J a W W U C C z_ z_ z_ z_ _z _z _z _z _z z_ z_ z_ z_ z_ z m J z ° C 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 Q U d d W Q O � F- F- F- F- F- � � F- F- F- F- F- � � � � � Q of LL LL F-- C) U z_ 0 0 0 0 0 _z _z 0 0 0 0 0 0 0 0 0 0 a x x U) N J J J J J J J J J J J J J J J W Z (0 w U) Q U U U U U Q Q U U U U U UQ U U U O m ❑ U) U) U) U) U) U) (t) U) (i) (i) (n U) U) U) U) U z z Z:) (7 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 Q z ¢ ¢ J c zI)f I)f I)f ()f K _z _z Ir � cr cr cr 0, cr bf bf o 2 O ❑ 0 0 0 0 0 ❑ ❑ O O O O O O O O O O U w (Uj J LL LL Ll LL Ll J J LL Ll Ll LL Ll LL Ll Ll LL LL U W W Q ¢ D z z z z z n n z z z z z z z z z z Q cc a a of m > > > > > m m > > > > > > > > > > U w O O F `m a O z In N N_ N N N In In N N_ N N N N N_ N N N C O N N Un r- Cl O n O M N N N N N M M N N N N N N N N N N M M N N V 26 O O O O O O O O O O O O O O O O O O O N N O O O 01 J U N N V M N N N N V M N N V M V V M M (� ¢ v o v n n v v v o v n n v o v e n o o n to co LL, c o 0 0 o n n d 0 0 0 0 o n n 0 0 o n n 00 m n O o a � � -o O Y in 2 as m LLY d w O d m W O O O O O M m (O CO CO O O n H L Y O W n n I- n � V O O O O O O m UO m m In O O W U U z M UO Un Un (n Ln O M_ co co W W W O O O O O 00 O UJ U U L c n (O O (9 O O N n n O n n Un n n n n n W W N (O W c U - n n n n n n 0 n n n n n n n n n n n 0 0 p M LL LL O - V V V V V V V V V V V V V V V V V V N Ln Ln O U LO LO LO Ln Ln Ln Ln Ln Ln LO LO LO LO LO LO LO x x W N W x U C n n n n n n n n n n n n n n n n n n (n U) 2 Cl) U) W 0 O n 7 7 7 7 7 O N N N N N M M M M M V V 7 O U O O V V V V V Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln In V Z V V V V V V V V V V V V V V V V V V V V V Ln V r r r r r r r r r r r r r r r r r r r r r r r ❑ w W U_ > U W ? U N z z z d N O O O W U U U z :3 rn w [if Q-, mU 0 LL 0 U � � CL Y z z z zz v LL LL LL J J Ln x g x g x g U 00 00 Q U n Y Y Y W W W z F F J ❑ J ❑ J ❑ y � U) w J y W z 0 Q Q x U U p Y ❑ Y p Y U U U U W O ' oo m 2 m m Y g m Y _ P- 00 N 00 00 LO o C7 Y J m K (7 Y J m K (� Y J m K w 00 00 (No a o Q N O 00 ~ H co Y m H V) Y m H V) Y N O O O O O O m O m � �FOmm F- O m cm 7 (O O (O W O O O n N m N N 7 d) LO tX) O O O 7 O 7 O O O O 7 7 O CT O OQ O M N O UO O O M M M O M O O UO UO n n V N M M N MV O n N M M M N LO V0) O O O O O O V V 0 LO M W O N 7 n (D (D N V O LO co O N 7 N N O 0 _O r a Ln O O CO n n n n n n U O N N N N N N J N ❑ N N N N N N N Bi Q) N Q1 Q1 Q1 Yn 00 0f O N U I o 0 o O o 0 Y Ln Ln LO LO Ln Page 219 of 242 m Z N Z ❑ (7 (n ¢ !Lj LU W Z InW LL p W W F- n LL U J F .6 J U U ~ p — LL m Z N w LO O vi � U Z O O W U o LL o LL - LL } Q LL LL LL U L U rn LL O J Cn Z VJ F J (n (n (� ¢ CC Z W J W W W Z U J W W W LLI� Z F- LLI d LL ¢LLIF F ❑ H ¢ H H H (n W (") W O J = J d J J = ¢ J J J Y < cG Z W _ ¢ W 2 F p H mW m (n (n U LL W LL O Q U J L¢L L¢L L¢L d U O W W � J d 3 W d co C C O - c d a (n .Q o LL H F LL H H H H H H H H W U Z) Z ZZ) Z Z Z Z Z Z Z Z J (� F C7 U) d p Z (7 U W (7 Z J (D (D (D 0 0 C) 0 0 (n � Q Z Z Z Q Z Z Z Z Z Z Z Z W Z) o o LL o w o 0 0 0 0 0 0 o U U LL W J J D J w F J J J J J J J J LL ¢ w LL > > O 0- ¢ > > > > > > > > LL 01 0 m m w m 0 m m m m m m m m O `m CD m a o C> � o � r O z N o Ln o o N c M O M V co O O M N n M n N N N co Cl) co co co co co co N (6 O (q (q (q (q r (0 (0 O O O O O O O c0 cD O J E U M f- V co O 0) V V M N 0) N N LO M N M V r- O N n N of of N n n I- LL, E ¢ n 00 O M 00 V CO (O V M M (O C0 to V O d n (0 7 O n O O O O O O O O O O O O T � � -o O Y U) 2 as LL Y d V m N F U U Z V r-- a) M M M M M O O O p L > N 6) LO co O n r r r r r N U cc c U r- r o Nm v ((o Cl) Cl) m Cl) m M M c') = — (0 (0 h Ln o Ln Ln oo v v v v v v v v CO Q M M o (0 Ln Ln m m m m m w w w Z (j C r r (0 M r 0) 0) r Cl) Cl) co CO Cl) Cl) co Cl) O O O O In n r O (0 00 00 00 00 00 N N N N O UO M M f` V V In N N N N N LO Ln l!) 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Z Z 5E Z z z N w j w j U w U� �U W W Z W W W W W W W W W W W W W W W W W W W W W W W W W c ❑ ❑ ❑ W' ❑ Z E Q M Z U U U U U U U U U U U U U U U U U U U U U U U U U W Q Q w Q w Q w w O O W W < 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m ? z z M w M w H M U U U U d M M M M M M M M M M M M M M M M M M M M M M M M M d 3 C (n (n (n U) Q W W W W U U U U U a) W W a W W W W W W W W W W W W W W W W W a W a Q W W W W W W W W W W W W W W W ❑ z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z c 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O = _ M M _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ o d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d LU LUU J J 0 J J J J J J J J J J J J J J J J J 0 J 0 0 J J J J J J J J J J J J J J J Q W W O W W W W W W W W W W W W W W W W W O W O O W W W W W W W W W W W W W W W H H U H H H H H H H H H H H H H H H H H U H U U H H H H H H H H H H H H H H H a� a N 7 O Z v v - v v v c v v v v v v v v v v v v v - v - - v v v v v v v v v v v v v v v C M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M O M M M M M M M M M M M M M M MM M M M M M M M M M M M M M M M M M M M M M M M m O (O (O (O (O (O (O (O O O O O c0 O O O O O O O O O O O O O O O O O O O O O O O O c0 O O J E U M N N O M M W M M Q (O (O (O to (O to (O (O (O CO O (O CO CO CO Cl) CO CO CO Cl) Cl) M M M M CO CO CO CO CO Cl) CO CO CO CO CO M W O O O O d O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O T � O Y in 2 ao � � o LL s d M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M n ti ti ti ti ti N N N N N h n n ti ti ti ti n n n n ti ti ti ti H U Y O V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V Z O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O U U L C N N N N N N N (N N N N N N N N N N N N N N N (N N N N N N N N N N N N N N N N N C () — N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N O d) d) d) d) O) O) O) O) d) 41 41 4) d) d) d) d) d) d) d) O) O) O) O) d) 41 41 41 d) d) d) d) d) d) d) O) O) O) O) d) p O O 61 61 O 6) 6) 6] M M () C O 61 O O O O O] (3) (3) � 61 6) O O 61 O O O O O] (3) (3) � 61 6) 6) O O O 6] M O O M W W W W a0 W [O [O [O [O eD eD oD oD o0 00 00 00 a0 a0 a0 [O [O [O [O eD eD oD oD o0 a0 00 00 a0 a0 a0 [O O l!7 (n (n (n (n (O (n (n 2 � 2 IA 2 � (O (O (n (n (n (n (n (n (n 2 2 � 2 2 2 � (2 (O (n (n (n (n (n (n 2 z ❑ O IL y N W J W C Z o 0 mw = = O Wp U U x � O m m > c W m UU w1 c LL LL N > O N N c O m m ❑ d OO LO m a m U U c c a n m v v O m 0 u3 U m E E m E .� m m o m m U a a d d m m m m m m m m m a a d Q o E °v o Y o E E v dKd ❑ u u do do dddddddddddu du dUL Z M M M M � U U 2 d S d d d u o d C c) M M M M M M M M M O O V M M O O Mr-: M O OD M M M M � l0 V M O O M V V M V l0 V V V V V V V V O (n (n O N O O LO M O O O M O O O O O O O O O (n (n M M M (O (n N N ([� M (n M (n (n (O (n M (O M (n M co (n co M (D M LO co) (n M M M M M M M E Q O O O O O J N m ❑ N N Y U Y Ln M M °C Page 229 of 242 m v N CO O W N U O O � N � � rn a W H H vi w w w w w w w w w w w w w w w w w W W W W J g w w ww w w m W W W O O O O O O O O O O O O O O O O O O O O O O Q J OQ H H H J H H Q Q Q H O Qa J m a a a a a a a a a a a a a a a a a a a a a H a LL GC a W to to LL O to a a a (1) of LL d 3 C (n (n (n a 0 W W W U U U U m w w w w w w w w w w w w W W Q w Q w w w w a W w W W W W W W W W W W W W W W W o z z z z z z z z z z z z z z Of z a z z z z Ofz z z z z z z z z z z z z z z z z c 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a U J J J J J J J J J J J J J J 0 J 0 J J J J 0 J J J J J J J J J J J J J J J J J Q W W W W W W W W W W W W W W O W O W W W W O W W W W W W W W W W W W W W W W W H H H H H H H H H H H H H H U H U H H H H U H H H H H H H H H H H H H H H H H d O O Q 7 O Z v v v v v v v v v v v v v v O v O v v v v rn c v v v v v v v v v v v v v c c v p M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M m O 0 0 0 0 0 0 0 O O O O O O O O O O O O O (q (q O 0 O O O O O O O O O O O O O O O J W cU N V N N N N V N N N N N N N V U � Q M M M M M M M M M M M M M M M M M M M M M M C9 V V CO V V V V V V c0 c0 CO V V C9 V p O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O T U)d � -o O Y ) co y LL s d n n ti N N N N N N N h h h h h n n ti ti N N N h h h h h n ti ti N N N H Y O V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V Z O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O C N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N C U p O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O () C O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O M W W W a0 a0 [O [O [O [O oD eD oD oD oD a0 00 00 a0 a0 a0 a0 [O [O [O OD eD oD oD oD a0 00 00 a0 a0 a0 a0 U Z O cU cU cU cU cU cU cn cn cn cn cn cn 2 cn cU cU cU cU cU cU cn cn cn 2 2 2 2 cU cU cU cU cU cU cU cU cn cn O a N N W J W Z q O c c N 4 md m W J O > 70Y W OO O O O O O O O O O O Q O O O O O p O O U') U') U') U� 0 0 0 0 Ln Ln Ln Ln a Ln 0 � M LO LO Q pN N N N N N N N N N N N N N N N N N N N N N > N U N N U U N U U U U U U U U U U U U U U U U Z) U U U U U Y p > 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O> D r m = t M M O M O h a0 O O O [O C VD V V m V M l{7 M M M M M M M l(7 O m l(1 M M M M 1l rl V V I� O � O p O O O O O Ln O O M O cn O O M M c() M c() cn c0 cn O O cn M c() MLn M c() co) O co) O MLn M MN cn cn cn cn MO M M M M co M M M M M cn Q O O CO 1- O O O ul Ln J N m � N N � Y � � U Y °C Page 230 of 242 Z Z Z Z rn D Z W M W W W W ¢ > O Z Z Z Z Z Z Z Z Z W a Z) 2 2 wz LL a O w w w w w w w w w w w w w w w w w w � � , ? 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Q w O O O O a a a x U U U U O O Li w O N O) N O M M Cl) M Of LO M n 0) N N N N n NN Cl) O T O T N .Q C 00 O fD O O U) CO O O 00 00 O O O O O 0 UO LO LO UO UO 00 CO C n O O O O N N O O O O O n n n n n n CD O n N n n O O 00 00 O LO LO O O LO n N E ^ (D (D 1 W W O O N O O N N N N N N M M � � V V O O J N LO w w fD t0 w w w LO w ❑ N N N N N N N N N N N m m Ql W W 0) 0) cn cn 0) Y # q m w � m cmD 0 � C14 m LO Y LO 117 LO LOLO LO LO LO LO LO Cl)O M r r M r r r r r °C Page 233 of 242 m Z v J Q J Z LLI U)LU r06 N (DQ O z CO iT Q N z rn a Q LU LU z z Q O U) U) Z O N Z W J 0 0 ZLU V W O � 2 O U w Q U d c w F O O cr U m uwi 0- U o a Of of a a Z ct) U) w w w J J () IL aZ c 3 7 Q w w U w U c a o Z c7 a a z w w w Z w U Q O Q J J V) Q U) tUj) (n (n d d LL 2 LL a z (� z z z D � � z � LU co w (n U) wIL LU Q¢ W W K O d J a U U w d w Q a w a a O ILLI ILLI =U' LU 3� O O w O O O w O d O a O � M 4) Q p 7 � O Z O N N O O O n (R n C � N V N N N N N M M (N�1 N O 0 O O O O c0 c0 c0 c0 O J O N LO M N co LO N N m Q n O W O n O 7 n O O O O O O T d � -o O Y U) m 2 y o W N W Y 0 O w W co Ln _H CO CN U � Z Q n tn N 00 O w VU L C (IfIn In m c U M d c — 0 0 o m o LU(aj C N N0 Cl)M r 00] z z � m U) O U o ami 00 �LO m c°In Lo r- Cl) Z J U r r J p J a J � uj O z O C7 z 0 CD J d N O rn Z N N J J O W 0 (wj WF- z } y OIL F- N LL W N a W LL O O LL F Q Q w W Q c 0 J N = N (� Z z W0 Q W cu F- x LU LU(6 W J W Q Z W m 0 O CL LL LL OLL 0 2 ? 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O LL 00 Q m m ~ ~ ~ otf W 0_ .0 U U) ¢ } ¢ ¢ O W W W U) U` CD (n 00 W LU N Z 0 LL LL LL LY L L L J W W H LL LL < U ❑ w LL x LL LL w 0 0 0 Z W pW Lu J > X X X X LL LL LL _ J W Q Q 0_' W W 2 O LL ¢ H ~ ~ W fn In (n O W W ~ W H 0 Z W W J W W ❑ W W W F ( ( Lw = z d m Q m LL ❑ co LL LL W LL LL LL > > O O J U o OM o O �CL) O 0 n_ � N O Z O N O N NN N co M LD n LD ca) O c O 00 00 W co 00 Lo N N N N O O O N O co m (O O O OO O M 00 W W N O O O co (D W 00 ca O O N N N N N N 7 7 7 cD (D (D (D (O (D cD J E U V O O O O O Ln I— Ln LO co Co V V n O O O O O N N N N N N NN N O) n n p ¢ 0 0 0 0 0 0 0 (u 00 00 v 0 0 co 00 to (D w a O r r r r r W W W O O W W w W N O O T � � -o O Y in r r r r r w LL Y w w 00 co co N > O [Y 0 0 0 0 0 z Q } L Y o n w Q n n n n F U U Z r Z Z Z Z Z N N N N _U r r r r _ O O w w w W W O O O O (Y U (0 L C N cC cC N N N N J w N N N N LL O O O U Q Q Q Q Q (D (D (D (D O W D Cl) J J U C ¢ LL LL LL LL LL N W' ¢ ¢ ¢ ¢ Cl) U U O O O r r r N N M M M M LO V V V V (D 7 7 UO C:, O O O O O O O O O O O O O O In In In Z V V V V V V V V V V V V V V V r r r r r r r r r r r r r r r r r r ❑ X X ~ (L ~ ~ w J N J LU w w LLI w � a X LL LL ¢ w � W0 n H J J a W W K LL z > O 00 N 27 27 27 Q LU LL r— D) Q Z Y ¢ ¢ > J w O J 00 00 00 W r r 0 W w Q O ❑ H > W Q O O O d O O O m � 2 N N N Q o6 W Q IWi N H H H y 0 0 LL o o (q w (n ("D m m — } Q Z Z Z J J J J LL V V V m Q U 0w Z O W W W p Z Z p ¢ ¢ ¢ ¢ Q w M M M w V7 2 co co C Z ¢ 0 O 2 2 W W W W U H M M M Z rn Z W W m O 2Z Q Q Q Z } } 3 J J J J Z J U O O O O w co } co (n CL 2 m LL LL LL 2 Q ¢ N O O O O 2 g H H H H Y co J ¢ ¢ W o LUj O x x x o LL LL o 0 0 o o o x o LL LL LL LL CLU o W W N Z (p N N N N N W N U U U U O ¢ J J n < m (n (n co F F M N N N N m O tD W W W W pmj x n Q Q n W W W N J J N O O O O LA Q_' n K K K K 00 U n Q N N J J J N W W N O O O O N F N N N LL LL W 2 2 2 2 Q Q (n Z (n U U r LL LL r CO (0 (0 CO r LL U U U U LL U U O O O O O O 7 M n O O O O O O O O O O O 7 7 7 (D c UD UD O O O O (D N 00 O N N (D O O O O D) O () UD Un 00 D00 0 N LO N 0 N V (0 (D LO r— M Ln Lo O O N O N 0) 0 V O O W 00 r (D n 7 7 M M (D M N N O O N (D 00 (D (D 6) Ln E Ln Ln LO Ln M N Ln O Cl) r O Cl) Cl) 7 co ¢ 00 00 M M (D (D (D N N O O O O N N N N N N N N J O V h N N do 00 N ❑ N N N Q1 A T Q1 Q1 Q1 Yn 00 C1 (D r N Cl) U # O O O ul Y O O O O O O O O LO 0) r r r n n r r r U N N N Page 2A9 of 242 N N N N m N U U U U CO CO U U U U U U O W W W I-- W W W I-- W W W I W W W V Zof CC GC Z � Of � Z � � � Z CC J J af Z) Z) Z Z) Z) Z) � D Z) Z) � Z) Z) Z) O O WL: H H H H H H H H H H H I-- U w w w U w w w U w w w U w w w } } o z W LL LL LL w LL LL LL W LL LL LL w LL LL LL Q N ' w � of of a s (0 U 0 0 0 0 0 0 0 0 0 0 0 0 rn a .� U LL LL LL U LL LL LL U LL LL LL U LL LL LL w w z LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL z z H H H H H H H H H H H H H H H H O O aNi g o 0 0 0 0 0 0 0 0 0 o 0 c U U O w w m U U cn rn rn cn rn cn cn U U U U U cn rn a a. d d d d d LU LU LU LU LU LU U U c c U U U U U U U U U U U U � of o. O z H H H H H H H H H H H H W W U W p W W W O W W W O W W W O W W W U U N K p LL LL LL p LL LL LL p LL LL LL p LL LL LL w w CC CC CC O O z w 0 0 0 w O 0 0 LL LL LLw O 0 0 LL LL LLw 0 0 0 Of Of 0 LL LL LLz us xs ces z as au ces z ces au ces z ces us xs LU af Of oa w U U U w U U U w m m m w U U U w w 0 Z) o w w w o w w w 0 w w w 0 w w w = _ Q p 5; Z Z Z 5; Z Z Z 5; Z Z Z 5 Z Z Z O MM w w LL LL LL w LL LL LL w LL LL LL w LL LL LL O O m m (D cO m m (n O) O N p N m m O N O Q N N N 7 Q C (D E 2 O c N LNO N N N LNO N N N L N N N L N N N N N O V m 00 m m m m m m m m m m m 00 00 m m m N O (6 O m N 7 7 7 N 7 7 7 N 7 7 7 N 7 7 7 c0 m N J E v LO r- r- r- LO r- r- r- LO r- � � LO � r- r- m m @ n N N N N N N N N N N N N N N N N N N T C� Q (D o m m m O m m m 0 m m m o m m m a T m w > O m m m m m m m m m m m m m m m m o C) y a s CL o u OY v m U w F 2 as LL U d O d N N N N V V V V O O O O 0) 0) Ln F U O Z (O m m U) O O O O N N N N O O d n n n n N N N N M m M m M m M m N N U U L C m m m m m O O O O O O O O O O O O C U — N N N N O O O O � � � � O O CMD O d d 0 — J O O o o O O O O O O O O O O O O W W O C m cD (D (D (D (D (O (O O O O O U U U O U O In 7 7 V V In In In In m m m m n n n n O O U OLn O c0 (O c0 (O (O (O (O O O c0 (0 O O O (O 0) 0) Z r r r r r r r r r r r r r r O d N a w w w O U � J W LL H O c0 LO c0 LO (0 Lr) O n LL COQ O o c V LL 0 0 0 0 0 0 0 0 _ LU F- a cC cC c[ u LLl cu Z Q 2 W W W W w w w w W W W W U LL LL co W Y Y Y Y J J J J K K K K m O_ J J VJ Q Q Q Q J _J _J J Q Q Q Q U (� (� UW LU LL O (D O m m CO m < < < Q Z N N N N V V V V O O O O O) M O m @ N N LO m LO u) O O O O N N N N LO LO L) LO N W w' N M n r- n n N N m m m m N N LLI n ¢ m m m (O O O O O O O O O O O O O N .O n N N N N N O O O O O O O c) N O Q N W N O O O O O O O O O O O O O O O O N Q Q @ (n O m (o ro m m F F F (n n (n (n o 0 0 0 T LCL 0 O O O O O O O O O O O O O O O O O O O O O M C O O O O O Op 0) V n O n N O V V N O O O c0 (O O O M V n m cO N O O O N N (D M m LO M O 0) 7 n N O 7 N N (O m O O 7 n M O m 7 7 (O O m E Cl) N 7 co M N n 7 7 M 7 m LO Q M lO N m O N 12 U n n n U O N N N J O N N (D N D) Y W) (D U Y U� O N N Page 240 of 242 N Funds transferred electronically September 20, 2017 to October 3, 2017 PAYROLL $ 299,791.01 FIT/FICA $ 93,577.42 STATE INCOME TAX $ 19,040.77 PERA $ 87,420.81 HEALTH CARE SAVINGS $ 11,753.45 HEALTH SAVINGS ACCT $ 6,035.79 NATIONWIDE DEF COMP $ 14,831.44 ICMA DEFERRED COMP $ 1,557.14 MSRS $ 3,561.66 FSA $ 908.27 MN WAGE LEVY $ 144.23 Total $ 538,621.99 Page 241 of 242 10.11.B. PM*MA SHAKOPEE Shakopee City Council October 3, 2017 FROM: Lori J. Hensen, City Clerk TO: Mayor and Council Members Subject: Liaison and Administration Reports Policy/Action Requested: Recommendation: Discussion: Budget Impact: Page 242 of 242