TENTATIVE AGENDA

ShakopeeCityCouncil

RegularSession

7:00p.m.

January3,2017

LOCATIONCouncilChambersCityHall129HolmesStreetSouth

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.

Agendaitemsaretiedtothefollowinglong-termgoalsthatsupporttheCity'sstrategicvisionasnotedaftereachagendaitem:
A.KeepShakopeeasafeandhealthycommunitywhereresidentscanpursueactiveandqualitylifestyles.
B.Positivelymanagethechallengesandopportunitiespresentedbygrowthdevelopmentandchange.
C.MaintaintheCity'sstrongfinancialhealth.
D.Maintainimproveandcreatestrongpartnershipswithotherpublicandprivatesectorentities.
E.Delivereffectiveandefficientpublicservicesbyastaffofwell-trained,caring,andprofessionalemployees.
F.Housekeepingitem.

MayorBillMarspresiding

RollCall

1.

PledgeofAllegiance

2.

ApprovalofAgenda

3.

ConsentBusiness-(Allitemslistedinthissectionareanticipatedtoberoutine.Aftera
discussionbytheMayortherewillbeanopportunityformembersoftheCouncilto
removeanyitemsfromtheconsentagendaforindividualdiscussion.Thoseitems
removedwillbeconsideredfollowingthePublichearingportionoftheagenda.Items
remainingontheConsentAgendawillnotbediscussedandwillbeapprovedinone
motion.)

4.

PlanningandDevelopment

A.

1.

*AcceptanceofMetropolitanCouncilLocalPlanningAssistanceProgramGrant,
Res.No.7823(A,B)

PublicWorks&Engineering

B.

1.

*2017StreetTreePruningContract(A,C,D,E)

ParksandRecreation

C.

1.

*AcceptanceofaDonationof$1000fortheShakopeeFunForAllPlayground,Res.
No.7825(A,B,D)

D.

GeneralAdministration

1.

*CityBillList(F)

2.

*DesignationofOfficialNewspaper(F)

3.

*RequestingScottCountytoReinstateSpecialAssessment#27000forParcel
27-908068-1,Res.No.7824(F)

4.

*TobaccolicenseforTopStarMarket(F)

5.

*BicycleAdvisoryCommitteeVacancy(F)

6.

*MassageBusinessandMassageTherapistLicense(F)

RECOGNITIONOFINVOLVEDCITIZENSBYCITYCOUNCIL-Providesan
opportunityforthepublictoaddresstheCouncilonitemswhicharenotontheagenda.
Commentsshouldnotbemorethanfiveminutesinlength.TheMayormayadjust
thattimelimitbaseduponthenumberofpersonsseekingtocomment.Thiscomment
periodmaynotbeusedtomakepersonalattacks,toairpersonalitygrievances,to
makepoliticalendorsementsorforpoliticalcampaignpurposes.CouncilMembers
willnotenterintoadialoguewithcitizens,andquestionsfromCouncilwillbefor
clarificationonly.Thisperiodwillnotbeusedtoproblemsolveissuesortoreactto
thecommentsmade,butratherforinformationalpurposesonly.

5.

PublicHearings:

6.

A.

TaxicabBusinessLicense(F)

BusinessremovedfromtheConsentAgendawillbediscussedatthistime

7.

GeneralBusiness:

8.

ParksandRecreation

A.

1.

AuthorizeRuleWaiversandVariousIn-KindContributionstoRelayforLife(D)

GeneralAdministration

B.

1.

MonthlyFinancialReview(C)

2.

RolesandResponsibilitiesofShakopeeCityLeadership(A-F)

3.

AdoptanOrdinanceRepealingSection115.01-115.15ShakopeeCityCode,
RegulatingMotionPictureTheaters,Res.No.955(B,D)

4.

OrdinanceandPolicyReviewProcess(A-E)

4.

OrdinanceandPolicyReviewProcess(A-E)

9.

Liaison&AdministratorReports

10.

OtherBusiness

11.

AdjourntoJanuary17,2017at7:00p.m.

Consent Business

TO:

Mayor and City Council

FROM:

Michael Kerski, Director of Planning and Development

DATE:

01/03/2017

4. A. 1.

SUBJECT: *Acceptance of Metropolitan Council Local Planning Assistance Program Grant,

Res. No. 7823 (A,B)
Action Sought
Introduction
The City Council is asked to adopt Resolution No. 7823, a resolution accepting a grant of
$32,000 from the Metropolitan Council to be used by the City of Shakopees Department of
Planning and Development to assist with preparing and implementing the Citys 2040
Comprehensive Plan.
Background
On August 16, 2016, City Council approved Resolution No. 7756, authorizing a grant
submittal to the Metropolitan Council for a $32,000 Local Planning Assistance Program grant.
This money will be used to aid with preparing and implementing the Citys 2040
Comprehensive Plan which must be completed by December 2018. The City of Shakopee
must review and update its comprehensive plan as required by the "decennial" review
provision of Minnesota Statutes section 473.864, subdivision 2. The Metropolitan Council has
awarded the grant to the City.
Budget
No match is required for the Local Planning Assistance Program grant; therefore, the budget is
not impacted.
Relationship to Vision
A. Keep Shakopee a safe and healthy community where residents can pursue active and

quality lifestyles, and

B. Positively manage the challenges and opportunities presented by growth development and
change.

Requested Action
Adopt Resolution No. 7823 authorizing the acceptance of the Metropolitan Council Local
Planning Assistance Program grant for the amount of $32,000 and move its adoption.

Attachments
Resolution 7823
Shakopee - Met Council Local Planning Asst Grant Agreement

RESOLUTION 7823
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA
AUTHORIZING THE CITY TO ACCEPT A METROPOLITAN COUNCIL LOCAL PLANNING
ASSISTANCE PROGRAM GRANT FOR THE CITY OF SHAKOPEE DEPARTMENT OF PLANNING
AND DEVELOPMENT

WHEREAS, the City of Shakopee submitted a Local Planning Assistance Program grant
application to the Metropolitan Council to assist with the Citys 2040 comprehensive plan as required
by the decennial review provision of Minnesota Statutes section 473.864, subdivision 2; and
WHEREAS, the City of Shakopee is an eligible city, county, or town in the metropolitan area
as defined in Minnesota Statutes section 4 73 .121; and
WHEREAS, the City has been notified that $32,000 in funding has been recommended by
Metropolitan Council for approval, and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA, that the City of Shakopee accepts the Metropolitan Council Local
Planning Assistance Program grant.
Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota held this
3rd Day of January, 2017.

______________________________
William Mars
Mayor of the City of Shakopee
ATTEST:

___________________________________
Lori Hensen
City Clerk

Grantee:

City of Shakopee

Grant No.: SG04931-01

Grant Amount: $ 32,000

End Date: December 31, 2019

Councils Authorized Agent: LisaBeth Barajas

METROPOLITAN COUNCIL
LOCAL PLANNING ASSISTANCE PROGRAM
GRANT AGREEMENT
THIS GRANT AGREEMENT is made and entered into by the Metropolitan Council (Council) and
the metropolitan-area governmental unit identified above as the Grantee.
WHEREAS, Minnesota Statutes section 473.867 authorizes the Council to establish a planning assistance fund for the purpose of making grants and loans to local governmental units to help local governmental units in the seven-county metropolitan area conduct and implement comprehensive planning activities, including the decennial review of local comprehensive plans and fiscal devices and
official controls as required by section 473.864, subdivision 2; and
WHEREAS, on May 25, 2015, and on April 27, 2016, the Council adopted initial and additional needbased eligibility criteria for awarding available local planning program assistance and established potential grant amounts for eligible grantees to help grantees review and update their comprehensive
plans as required by the decennial review provisions of Minnesota Statutes section 473.864, subdivision 2; and
WHEREAS, on December 10, 2014, the Council authorized an initial transfer of funds to the planning assistance fund, and on December 9, 2015, the Council authorized an additional transfer of funds
to the total planning assistance fund for grants or loans to local governments under Minnesota Statutes
section 473.867;
WHEREAS, the Grantee is an eligible city, county, or town in the metropolitan area as defined in
Minnesota Statutes section 473.121, or is an eligible metropolitan-area city or town acting in partnership
with at least 4 other cities or towns and is authorized to submit a joint application and execute this
Agreement on behalf of the partnership or consortium; and
WHEREAS, the Grantee submitted an application for local planning assistance grant funds and was
awarded a grant to help fund eligible comprehensive planning activities identified in the application.
NOW THEREFORE, in reliance on the representations and statements above and in consideration
of the mutual promises and covenants contained in this Agreement, the Grantee and the Council agree
as follows:
I. DEFINITIONS
1.01 Definition of Terms. For the purposes of this Agreement, the terms defined in this paragraph
have the meanings given them in this paragraph unless otherwise provided or indicated by the context.

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(a) Comprehensive Development Guide means the comprehensive development guide for the
seven-county metropolitan area adopted by the Council pursuant to Minnesota Statutes section
473.145. The Comprehensive Development guide includes: Thrive MSP 2040 and the Housing
Policy Plan (as amended) adopted by the Council pursuant to Minnesota Statutes section 473.145;
the Master Water Supply Plan adopted by the Council pursuant to Minnesota Statutes section
473.1565; and the metropolitan systems plans adopted by the Council pursuant to Minnesota
Statutes sections 473.146 and 473.147.
(b) Comprehensive plan means a local comprehensive plan update required under Minnesota Statutes section 473.864, subdivision 2 that complies with Minnesota Statutes sections 473.858
through 473.865 and other applicable laws, including those provisions in section 473.859 requiring housing elements and housing implementation programs.
(c) Metropolitan Land Planning Act means the land use planning provisions of Minnesota Statutes
Chapter 473, including Minnesota Statutes section 473.175 and sections 473.851 through 473.871.
(d) Metropolitan system plans means the transportation portion of the Comprehensive Development
Guide, and the policy plans, and capital budgets for metropolitan wastewater service, transportation,
and regional recreation open space.
II. GRANT FUNDS
2.01 Grant Amount and Conditions. The Council will provide to the Grantee the Grant Amount
identified at Page 1 of this Agreement which the Grantee shall use for authorized purposes and eligible
activities. The grant funds are made available to the Grantee subject to the following terms and conditions:
(a) Timely Plan Update Submission. Notwithstanding the December 31, 2019 End Date identified
on Page 1 of this Agreement, the Grantee must review and update its comprehensive plan as required by Minnesota Statutes section 473.864, subdivision 2, by December 31, 2018.
(b) Consultation with Council and Adjacent Review. The Grantee must submit its draft plan update
to adjacent governmental units for a 6-month adjacent review period as required by Minnesota
Statutes section 473.858, subdivision 2 prior to submitting the plan update to the Council for
review. Prior to submitting its draft plan to adjacent units, the Grantee must consult with the Metropolitan Council Sector Representative for its district at least twice to update the Council on plan
progress and potential policy conflicts.
(c) Consultation with Watershed Management Organizations. The Grantee must ensure local surface
water management planning requirements of Minnesota Statutes sections 473.859, subdivision 2
and 103B.235 are met by the December 31, 2018, deadline.
(d) Completeness; Plan Content. The comprehensive plan submitted by the Grantee must be complete as described in the Councils Local Planning Handbook, which is available online at metrocouncil.org/handbook.aspx, and must comply with the plan content requirements of Minnesota Statutes section 473.859 and other applicable law. If the plan is not complete as described in the Local
Planning Handbook, the plan must be made complete within three (3) months of the incompleteness
determination, or as otherwise mutually agreed to by the Council and the Grantee.
(e) Conformance to Metropolitan System Plans and Policy Plans. The comprehensive plan submitted
by the Grantee must conform to metropolitan system plans of the Council. The comprehensive
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plan is deemed to comply with this condition if the Council concludes after its review that the
plan is not likely to have a substantial impact on or contain a substantial departure from metropolitan system plans and allows the plan to go into effect without a plan modification.
(f) Consistency and Compatibility. The comprehensive plan update submitted by the Grantee must
be consistent with the adopted policies of the Council, including housing policy. In addition, the
comprehensive plan must also be compatible with the plans of adjacent and affected jurisdictions.
2.02 Disbursement Schedule. The Council will disburse fifty percent (50%) of the Grant Amount
to the Grantee within thirty (30) days after final execution of this Agreement. The Council will disburse the remaining fifty percent (50%) of the Grant Amount after:
(a) the Grantee has submitted, as appropriate, either (i) the entire current comprehensive plan and the
certification required under Minnesota Statutes section 473.864, subdivision 2(a); or (ii)submitted
the entire updated comprehensive plan and amendment or amendments to its comprehensive plan
necessitated by its review to the Council for review; and
(b) the Council has reviewed and acted upon the Grantees submission; and
(c) the Grantee has complied with the terms and conditions stated in Paragraph 2.01.
2.03 Authorized Use of Funds. The grant funds provided to the Grantee under this Agreement shall
be used only for the purposes and eligible activities described in the Grantees work plan and budget
as approved by the Council. A copy of the Grantees approved work plan and budget is attached to
and incorporated into this Agreement as Attachment A. Eligible activities include, but are not limited
to, staff pay, consultant and professional services, printing, and publishing. Grant funds may not be
used for per diem payments to appointed or elected board or commission members. Grant funds also
may not be used to purchase or acquire equipment or other tangible, nonexpendable personal property,
or for activities inconsistent with the Councils Comprehensive Development Guide, the Metropolitan
Land Planning Act, Minnesotas Critical Areas Act, or other applicable state laws. The Grantee agrees
to promptly remit to the Council any unspent grant funds and any grant funds that are not used for the
authorized purposes specified in this paragraph.
III. REPORTING, ACCOUNTING, AND AUDIT REQUIREMENTS
3.01 Progress Reports. The Grantee will provide to the Grantees assigned Sector Representative a
written midpoint progress report and a written final progress report describing the status of the work
plan activities described in Attachment A. These reports ensure the grant funds are appropriately
expended as described in the work plan and budget. The reports shall be subject to the following
content and schedule requirements.
(a) Midpoint Progress Report. At approximately the midpoint of the Grantees work plan activities,
the Grantee must submit to the Council a written midpoint progress report which includes: a summary of the work plan activities completed; a summary of work plan activities to be accomplished
during the remaining months of the work plan with associated anticipated completion dates; and
a summary of unanticipated issues and opportunities that affect the work plan, time schedule for
project completion, or budget. The midpoint progress report also must include a summary of project costs and sources of funds for those expenditures, and a list of itemized expenditures of funds
received from the Council and matching funds by category in the budget.
(b) Final Progress Report. Upon completion of the work plan activities described in Attachment A,
the Grantee must submit to the Council a written final progress report which includes: a summary
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of the work plan activities completed since the submission of the midpoint progress report; a
summary of project outcomes, total project costs and sources of funds for those expenditures including both this grant, city funds, and other sources of funds; and a list of itemized expenditures
of the grant funds.
3.02 Accounting and Records. The Grantee agrees to establish and maintain accurate and complete
accounts, financial records, and supporting documents relating to the receipt and expenditure of the
grant funds. Notwithstanding the expiration and termination provisions of Paragraphs 4.01 and 4.02,
such accounts and records shall be kept and maintained by the Grantee for a period of six (6) years
following the completion of the work plan activities described in Attachment A. If any litigation,
claim or audit is started before the expiration of the three-year period, the records shall be retained
until all litigation, claims, or audit findings involving the records have been resolved or until the end
of the regular six-year period, whichever is later.
3.03 Audits. The books, records, documents, and accounting procedures and practices of the Grantee
that are relevant to this Agreement are subject to examination by the Council and either the Legislative
Auditor or the State Auditor, as appropriate, for a minimum of six (6) years following the completion
of the work plan activities described in Attachment A.
3.04 Authorized Agent. The Councils authorized agent for purposes of administering this Agreement is the individual identified on page 1 of this Agreement, or another designated Council employee. Written reports submitted to the Council should be directed to the attention of the authorized
agent at the following address:
Metropolitan Council
Community Development Division
390 Robert Street North
Saint Paul, Minnesota 55101-1805
IV. GRANT AGREEMENT TERM
4.01 Term and End Date. This Agreement is effective upon execution of the Agreement by the
Council. Unless terminated pursuant to Paragraph 4.02 or extended by written agreement pursuant to
Paragraph 4.03, this Agreement will expire on the End Date identified at Page 1 of this Agreement.
The term of this Agreement may be extended by written agreement of the Council, but only in conjunction with an extension authorized under Minnesota Statutes section 473.864, subdivision 2.
4.02 Termination. This Agreement may be terminated by the Council for cause at any time upon
fourteen (14) calendar days written notice to the Grantee. Cause shall mean a material breach of this
Agreement and any amendments of this Agreement. Termination of this Agreement does not alter the
Councils authority to recover funds on the basis of a later audit or other review, and does not alter
the Grantees obligation to return any funds due to the Council as a result of later audits or corrections.
If the Council determines the Grantee has failed to comply with the terms and conditions of this
Agreement, the Council may take any action to protect its interests and may require the Grantee to
return all or part of the funds.
4.03 Amendment. The Council and the Grantee may amend this Agreement by written mutual consent. Amendments, changes, or modifications to the Grantees approved work plan and budget shall
be effective only on the execution of written amendments signed by authorized representatives of the
Council and the Grantee.

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V. GENERAL PROVISIONS
5.01 Conflict of Interest. The members, officers, and employees of the Grantee shall comply with
all applicable federal and state statutory and regulatory conflict of interest laws and provisions.
5.02 Liability. To the fullest extent permitted by law, the Grantee shall defend, indemnify and hold
harmless the Council and its members, employees and agents from and against all claims, damages,
losses and expenses, including but not limited to attorneys fees, arising out of or resulting from the
conduct or implementation of the funded work plan activities. This obligation shall not be construed
to negate, abridge, or otherwise reduce any other right or obligation of indemnity which otherwise
would exist between the Council and the Grantee. The provisions of this paragraph shall survive the
expiration or termination of this Agreement. This indemnification shall not be construed as a waiver
on the part of either the Grantee or the Council of any immunities or limits on liability provided by
Minnesota Statutes Chapter 466, or other applicable state or federal law.
5.03 Compliance with Law. The Grantee agrees to conduct the work plan activities in compliance
with all applicable provisions of federal, state, and local laws.
5.04 Acknowledgment. The Grantee shall appropriately acknowledge the funding assistance provided by the Council in promotional materials, reports, publications, and notices relating to the project
activities funded under this Agreement.
5.05 Warranty of Legal Capacity. The individual signing this Agreement on behalf of the Grantee
represents and warrants that the individual is duly authorized to execute this Agreement and that this
Agreement constitutes the Grantees valid, binding, and enforceable agreements.
IN WITNESS WHEREOF, the Grantee and the Council have caused this Agreement to be executed
by their duly authorized representatives. This Agreement is effective on the date of final execution
by the Council.

METROPOLITAN COUNCIL

GRANTEE

By:

By:
Beth Reetz, Director
Community Development Division

Date:

William Mars, Mayor

City of Shakopee

Date:

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ATTACHMENT A

Grantees Work Plan and Budget

This Attachment A comprises this page and the Grantees work plan and budget as approved by the
Council.

N:\CommDev\LPA\Planning Assistance Fund\Planning Grants\2018 Grants\Administration\Grant Agreements\Shakopee\Shakopee_2016_GrantAgreement.docx

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10/26/16

-7-

Consent Business
TO:

Mayor and City Council

FROM:

Jacob Busiahn, Natural Resources Technician

DATE:

01/03/2017

SUBJECT:

*2017 Street Tree Pruning Contract (A,C,D,E)

4. B. 1.

Action Sought
Authorize the hire of Northeast Tree, Inc. to complete the 2017 Street Tree Pruning Contract.
Background
Trees, like pipes, sewers, and roads, are public infrastructure which require regular
maintenance by a professional to maximize their lifespan and benefits. In 2016 a spring and
fall contract were awarded for street tree pruning. For 2017, staff combined these contracts into
one, providing more work and flexibility to the contractor-allowing for a reduced price.
On December 7th, 2016 quotes were solicited for 2017 street tree pruning from five tree
service contractors. Four qualified quote submissions were received. Northeast Tree, Inc.
submitted the lowest quote and is recommended for hire; Northeast tree was awarded our street
tree pruning contract in spring of 2016 and performed well in terms of efficiency and quality of
work.
The proposed contract would begin work in mid-January, after City Council approval and end
on or before December 31st, 2017. This contract would be for a proposed $90,000 and funded
with the approved 2017 Natural Resources Division budget and the Tree/Forestry fund.
It is a contract requirement that only an ISA Certified Arborist may perform pruning and that
all ANSI standards shall be met while performing work. The contractor is also required to
notify adjacent property owners of the activity in advance, with a letter provided by City staff.
It is the intention of the Public Works Department to prune all street trees at least once every
six years to provide safe streets and a healthy urban forest. This

contract will help us achieve this goal. City staff will supplement pruning operations after all
tree removals for the winter are complete, and as time allows.
Attached is the contract, quote from Northeast Tree, Inc. and a map of trees to be pruned.
Recommendation
Staff recommends hire of Northeast Tree, Inc. to complete the 2017 Street Tree Pruning
Contract.
Budget Impact
The contract is for a proposed $90,000 of work. This contract will be paid for out of the
approved 2017 Natural Resources Division budget - professional services ($80,000.00) and
from the Tree/Forestry fund - ($10,000.00).
Relationship to Vision
Deliver effective and efficient public services by a staff of well-trained, caring and
professional employees.
Requested Action
Authorize hire of Northeast Tree, Inc. for the 2017 Street Tree Pruning Contract.
Attachments
2017 Street Tree Pruning Quote Request
2017 Pruning Contract Map
Northeast Tree, Inc. Quote Submission

December 7th, 2016

Dear Tree Service:

The City of Shakopee is requesting written quotes for the service of street tree pruning. Trees
to be pruned will vary in age from newly planted to mature and will be within City right-of-way.
This service contract will be viable from January 3rd December 31st, 2017. A minimum of 75%
of the work must be completed before August 31st (no pruning is allowed between March 15th
and June 30th). The proposed expenditure for this contract is $90,000.
Enclosed you will find an official quote form, specifications of contract, insurance requirements,
and a map of the area to be pruned.
Quotes are to be based on an hourly rate per crewmember and all required equipment per
crew (consisting of 3-4 members) - which includes all tools (i.e. chain saws, pole saws, ropes,
loppers, etc.), one chipper-truck combination or clam truck and one aerial lift truck, reaching a
minimum height of 50 above ground level, in the quote price. For quoting purposes, disposal of
woodchips may be done at the Citys Public Works yard if resulting in a lower quote price than
disposing at alternative sites. The final decision on where disposal takes place shall be decided
by the City. Vehicles, if you choose to do so, may be parked overnight at the Citys Public Works
yard, from which your crew(s) may be mobilized.
Pruning may only be performed by an ISA Certified Arborist or Master Arborist. Pruning
standards will adhere to the American National Standards Institute (ANSI) standard for tree
pruning (ANSI A300), Safety Requirements (ANSI Z133.1) and the specifications in this contract.
I will need to receive your written quote (regular mail or email) on the enclosed City Quote
Form no later than noon on December 20th, 2016. If you have any questions, please feel free
to call or email me at (952) 233-9371 or jbusiahn@shakopeemn.gov.

Sincerely,
Jacob Busiahn
Natural Resources Technician
City of Shakopee

CITY OF SHAKOPEE
QUOTE REQUEST FORMS & SPECIFICATIONS
FOR
2017 PRUNING OF STREET TREES
INDEX

1. Official Quote Form for Street Tree Pruning

2. Instructions for Submitting Quote
3. Tree Pruning Objectives and Specifications
4. Insurance Certificate-Contract
5. Appendix A Tree Pruning Examples and Specifications
6. Appendix B Agreement between City of Shakopee and Contractor
7. Map of Area with Trees to Be Pruned
8. Spreadsheet of Trees to Be Pruned

CITY OF SHAKOPEE
FOR 2016 STREET TREE PRUNING
OFFICIAL QUOTE FORM
Quote Price as specified in PREPERATION OF QUOTES on page 1
Total price for specified crew $__________ number of crewmembers per crew________ =
Quote Amount per Working Hour$_________
Number of crewmembers per crew

Number of Certified Arborists per crew

List Certified Arborists to work on this contract:

Name
Cert. Number

Expiration
Date

Attach additional sheet if needed.

List main contact for this contract:
Name
Cell Phone
Office Phone

Years
Certified

Email

Large Equipment to be used: ______________________________________________________

References from two municipal pruning contracts of similar scope within last 5 years:
City
Contact Name
Phone Number

Date of Quote

Quote Information:
Contractor Address

Contractor Name

Contractor is (check one):

Owner/President
Authorizing Signature

Individual____

Partnership____

Corporation__

INSTRUCTIONS FOR SUBMITTING A QUOTE

CONTRACTORS UNDERSTANDING.
Contractors should visit the work site to ascertain by inspection pertinent local conditions
such as locations, character and accessibility of the site, availability of facilities, location and
character of existing work within or adjacent thereto, labor conditions, etc.
PREPARATION OF QUOTES.
1)

Quote Amount per Working Hour = hourly rate per crewmember + required
equipment for crew (see below).
(a) A crew shall consist of 3-4 members, all tools (i.e. chain saws, pole saws,
ropes, loppers, etc.), one chipper-truck combination or clam truck and one
aerial lift truck, reaching a minimum height of 50 above ground level, in the
quote price.
(b) If the contractor quotes 3 crewmembers on the Official Quote Form and
chooses to use 4 at times (or vice versa), this is acceptable. The Quote
Amount per Working Hour will be used for each crewmember present and
working.
(c) For quoting purposes, disposal of woodchips may be done at the Citys Public
Works yard if resulting in a lower quote price than disposing at alternative
sites. The final decision on where disposal takes place shall be decided by the
City. Vehicles, if you choose to do so, may be parked overnight at the Citys
Public Works yard, from which your crew(s) may be mobilized. A working
hour is considered one hour of pruning operations meeting the specifications
of this document, drive time to the site is not included.

2)

Quotes shall be submitted on the forms provided or copies thereof, and must be
signed by the contractor or his authorized representative. Any corrections to entries
made on quote forms should be initialed by the person signing the quote. A mailed
or emailed copy will suffice.

3)

Alternate quotes will not be considered unless specifically called for.

4)

The quote submitted shall take into account all specifications and requirements
found within the quote request.

SUBMISSION OF QUOTES.
Quotes shall be submitted no later than noon on December 20th, 2016. Quotes received
after this time shall not be taken into consideration.
Page 1 of 18

STREET TREE PRUNING OBJECTIVES AND

SPECIFICATIONS
Pruning standards shall adhere to the American National Standards Institute (ANSI) standard for
tree pruning (ANSI A300), Safety Requirements (ANSI Z133.1) and the specifications in this
contract.
Refer to Appendix A for examples for pruning required.
All trees within the street right-of-way in the assigned area shall be pruned to meet the
specifications below with the exception of ash trees (Fraxinus spp.) meeting one or more of the
following criteria or identified on the final tree data/map given:
1.
2.
3.
4.

Less than 12 DBH

Having a significant structural defect or wound
In general being a poorly conditioned tree
Otherwise identified by the Natural Resources Technician not to be pruned.

Ash trees meeting this criteria are only to be pruned for clearance and hazard mitigation.
Pruning Objectives All Trees
1. Although aesthetics is a concern, the appearance of the trees is secondary to structural and
clearance concerns-the two greatest structural concerns are codominant stems and larger
branches with bark inclusions/weak attachments low in the canopy.
2. Create a tree which at maturity has no limbs attached to the trunk below 15-18.
3. Keep limbs below 15-18 small (2 in diameter) to reduce wound size when removed.
4. Using reduction cuts, prevent all branches from growing larger than the trunk diameter.
5. Has one dominate leader a minimum 2/3 up into the canopy at maturity.
6. Space scaffold limbs appropriately to avoid branch clustering.
7. Roughly 80%-90% of cuts performed should be reduction cuts, not removal cuts.
8. Arborist should make the majority of cuts on the 2-3 largest, most defective branches.
9. If reduction cuts are made on a temporary branch to suppress growth-50% or more of the
branch tissue should be removed.
10. Some trees will have structural defects which are beyond the point of correction (i.e.
codominant leaders which upon removal would result in an unacceptably large pruning
wound), in this case the arborist shall focus on the worst defects, attempting to reduce the
likelihood of limb/tree failure.
Pruning Specifications All Trees
1. Unless there is a high risk of branch failure or other strong justification, removal cuts on the
main trunk larger than four inches or on branches exceeding the trunk diameter should
not be made.
2. Clearance pruning shall be performed to an estimated height which gives 14 feet of
clearance over streets and 8 feet of clearance over sidewalks for the next 6 years.
Page 2 of 18

3. Maintain a live crown ratio of greater that 50% at all times

4. Remove or subordinate branches with weak attachments (bark inclusions).
5. The presence of any disease condition, decayed trunk or branches, split crotches or
branches, or other structural weakness should be reported in writing to the Natural
Resources Technician.
6. A thorough clean-up job is expected, i.e., leave the site in as clean of condition as it was
before the trimming. The decision of the Natural Resources Technician or Public Works
Supervisor is final.
7. Contractors will use correct safety procedures including traffic cones, signs and/or
barricades, safety hard hats, and ear and eye protection.
8. If a parked vehicle is within an area in which a branch may fall on it, the contractor is
responsible for having the vehicle moved. If a vehicle cannot be moved, the contractor will
move on to the next tree on the list leaving a written note asking that the vehicle be moved
on the following day.
9. No climbing spurs or spikes are to be used.
10. Any damage to property, including signs, mailboxes, light fixtures, sod, etc., will be the sole
responsibility of the contractor to repair and/or replace. The repair shall be equal to the
condition prior to the accident.
11. Any power, cable, phone or other utility lines encountered will be the contractors
responsibility to have dropped or otherwise appropriately handled.
12. All trimmings or other forms of debris resulting from this project shall be cleaned up and
removed from the site by the Contractor on the day the debris is generated.
13. Work within the street right-of-way is allowed only Monday through Friday from 7:30 a.m.
to 5:00 p.m.
Pruning Objectives - Young Trees (in general 4 DBH or less)
Order based on priority.
1. Create or maintain a dominate leader.
2. On a large statured street tree it is the intent that no limbs below 15 remain permanently.
Keep all branches small (less than 2 diameter) using reduction cuts, anticipating removal.
3. Begin raising canopy height for clearance of street (14) and sidewalk (8).
Pruning Specifications - Young Trees (in general 4 DBH or less)
1. Establish or maintain a dominant leader by subordinating or removing all but one codominant stem (may need to be done in two stages if there are more than three leaders).
2. Do not remove more than 15% of the live canopy on trees planted within the last year-only
prune to remove major structural defects. On established trees not more than 30% of live
canopy shall be removed with the exception of vigorous elms and hackberry where no more
than 40% may be removed.
3. Shorten or remove low vigorous branches to improve clearance.
4. To promote trunk growth-if small live branches (1/2 or smaller) exist lower on trunk reduce
if needed, but do not remove.
5. Clean the canopy of all dead, broken, and rubbing branches
Page 3 of 18

1.
2.
3.

4.
5.
6.

1.
2.
3.
4.
5.
6.

Pruning Objectives Medium Aged Trees

Create/maintain a dominate leader and otherwise promote strong tree structure.
Remove or reduce limbs with structural defects such as bark inclusions.
On a large statured street tree it is the intent that no limbs below 15 remain permanently.
Keep branches below 15 small (less than 2 diameter) using reduction cuts, anticipating
their removal.
Appropriately place scaffold limbs along trunk avoiding clustering.
Keep all branches less than the trunk diameter.
Reduction cuts should be removing 50%-75% of the live buds on the branch being reduced.
Pruning Specifications Medium Aged Trees
Shorten or remove large branches within 18-36 of permanent scaffold limbs to avoid
clustering.
Shorten or remove all branches below permanent canopy while maintaining a minimum
50% live crown ratio.
Do not remove more than 30% live canopy with the exception of vigorous elms and
hackberry where no more than 40% may be removed.
Reduce side branches which are greater than the trunk diameter.
Clean the canopy of dead, broken, and rubbing branches (beyond 1 in dia.)
Address clearance issues (14 feet over street, 8 feet over sidewalk)

Pruning Objectives - Mature Trees

1. Reduce the likelihood of tree failure by targeting structural defects such as lower limbs
which are growing into the canopy, limbs with weak branch attachments, etc.
2. Clean canopy by removing dead, diseased, rubbing and broken branches.
Pruning Specifications Mature Trees
1. Weight on main scaffold limbs with included bark shall be reduced by approximately onethird by removing some secondary branches toward the ends of the limbs and/or by
removing the end of the branch using a reduction cut.
2. Clean the canopy of dead, broken, and rubbing branches (beyond 1.5 in dia.)
3. Address clearance issues (14 feet over street, 8 feet over sidewalk)
Pruning Specifications Trees Outside of Right-of-Way
1. Trees outside of the right-of-way shall only be pruned to meet minimum street/sidewalk
clearance requirements. No additional pruning shall be done.

1.
2.
3.
4.

Species Pruning Restrictions

Oaks may only be pruned November 1st-March 31st.
Ash may only be pruned October 1st-April 30th.
Elms may only be pruned October 1st-April 15th.
Apple, hawthorn, mountain ash may only be pruned February 1st-April 15th.

Page 4 of 18

5. Species affected by black knot and cankers shall not be pruned during warm, wet periods of
the year (i.e. spring).
6. There may be a slight variation of these dates based on weather conditions.
ADDITIONAL CONTRACT SPECIFICATIONS
1. TECHNICAL PROVISIONS
All Arborists working on this contract must read and understand the listed STREET TREE
PRUNING OBJECTIVES AND SPECIFICATIONS listed above.
The Natural Resources Technician will meet with the crew before work commences to
answer any questions regarding pruning specifications. The contractor shall then prune one
block segment and request an inspection to assure expectations are being met. The
contractor will then proceed with work subject to random inspection by City staff.
Pruning may only be performed by an ISA Certified Arborist or Master Arborist.
On average not more than 6.0 working minutes per tree diameter inch may be billed on an
invoice. This will be verified using the Citys tree inventory and pruned street segments on
the invoice.
A minimum of 75% of the total work for the contract must be completed before August 31 st,
2017-any remaining must be completed before December 31st, 2017. No pruning may take
place between the time of March 15th and June 30th.
Notification to City residents is required a minimum 24 hours in advance for a tree being
pruned in front of their home. A digital copy of this notification will be provided to the
contractor by the City.
The main contact for the project (foreman) shall contact the Natural Resources Technician
at the start and stop of pruning work each day-this shall be through email or text message.
Work performed will be invoiced monthly by the contractor. The invoice shall include a daily
breakdown of trees pruned (locations, ID# DBH), total hours worked, number of
crewmembers, and equipment used. Upon satisfactory inspection of the pruning job by the
Natural Resources Technician, said invoice will be approved by the City Council on the 1st or
3rd Tuesday of each month, whereupon a check will be issued to the contractor by mail.
No subcontractors are allowed, only your crews.
The trees to be pruned will be designated by the City of Shakopee. Address and map of
trees will be provided to the awarded contractor to facilitate locating trees. The contractor
Page 5 of 18

will have the option of limited access to the Citys digital street tree inventory (requires a
mobile device with internet connection) or PDFs of maps showing trees in need of pruning.
A private property owner may, at his/her own expense, have other work performed on
his/her property through a separate agreement, solicited, negotiated and performed
outside of this agreement/contract. Such work shall be separate and independent of this
tree pruning agreement.
All labor, equipment and materials necessary for pruning of street trees shall be provided by
the contractor, the costs of which shall be included in the quote.
The Contractor and his employees must maintain a professional appearance and a polite
and helpful attitude towards the public at all times.
The contractor will be required to adhere to all specifications and standards; continuous
inspections will be made. Failure to properly perform work will be considered just cause to
terminate the contract and assign any further work to the next qualified lowest quote.
2. ASSIGNMENT OF CONTRACT
It is the intent of the City to award an agreement for street tree pruning in the City as set
forth on the attached maps and proposal form. The City also reserves the right to enter into
agreement with the second, third and successive lowest quote submission. The lowest
responsible quote submission, however, will receive the first and all available work within
the area to the extent that he demonstrates the ability to fully perform, including
compliance with the provisions of this specification.
The lowest quote shall be determined by the Quote Amount per Working Hour, submitted
on the Official Quote Form. The award of the contract will be made in the best interest of
the City. It shall be based on but not limited to the following factors:
1.
2.
3.
4.
5.
6.
7.
8.
9.

Quote Amount per Working Hour.

Meeting all listed requirements.
Contractor qualifications.
Has the appropriate technical experience.
Whether the contractor involved has previously failed to perform properly or to
complete on time contracts of a similar nature.
Has habitually and without just cause neglected the payment of bills or otherwise
disregarded obligations to subcontractors, material, men or employees.
Whether the contractor involved maintains a permanent place of business.
Has adequate personnel and equipment available to do the work properly and
expeditiously.
Has suitable financial resources to meet the obligations incidental to the work.
Page 6 of 18

All of the foregoing is in the sole judgment of the City.

Following the award, agreement forms will be forwarded to the successful contractor. They
shall execute the contract within 10 days of receipt and deliver it along with the appropriate
certificates; certificate of insurance and the contract items to the City in accordance with
these specifications.
No portion of the Agreement shall be sublet, assigned, or otherwise disposed of except with
the written consent of the City. Requests for permission to sublet, assign, or otherwise
dispose of any portion of the agreement shall be in writing. Written consent to sublet,
assign, or otherwise dispose of any portion of the Agreement shall not be construed to
relieve the Contractor of any responsibility for the fulfillment of the Agreement.
The Contract shall be awarded a contractor as soon as practicable after December 20th,
2016.
3. CONTRACT PERIOD
The Agreement shall commence from the dates of January 3rd December 31st, unless
terminated sooner in accordance with the provisions contained herein.
4. QUANTITIES OF WORK
This Contract is for the amount of $90,000. Once the contractor has completed $90,000
worth of work meeting these specifications the contract will cease.
The City reserves the absolute right to increase or decrease the quantity or work originally
estimated in the Agreement. Regardless of the final scope of the Agreement, payment to
the Contractor will be made on the basis of unit prices as stated in the proposal along with
adjustments referred to herein.
5. BASIS OF PAYMENT
The completed number of working hours (pruned to meet specifications) and the quote
amount per working hour shall be used as a basis for computing payment. Example: Quote
amount per working hour * number crew members working * hours worked = payment.
On average not more than 6.0 working minutes per tree diameter inch may be billed on an
invoice. This will be verified using the Citys tree inventory and pruned street segments on
invoice.
A submitted pay request for completed work is due before the 1st of the month and will be
paid within 30 days of submission. Payment of invoice in total shall be made after
Page 7 of 18

satisfactory completion and acceptance of the work on that pay request. Payment will be
made in accordance with the Official Quote Form.
6. INSURANCE
All organization and individuals working in City of Shakopee Right-Of-Way and/or Easement
areas are required to and shall provide a Certificate of Insurance verifying that insurance
meets the following requirements is current and active.
`
Commercial general liability (CGL) insurance, with a limit of not less than
$1,000,000 each occurrence. If such CGL insurance contains an annual aggregate
limit, the annual aggregate limit shall be not less than $2,000,000.
The CGL insurance shall cover liability arising from premises, and operations;
independent contractors; products and completed operations; personal and
advertising injury contractually assumed liability.
The City shall be endorsed as an additional insured on the contractors CGL insurance and
the Umbrella/Excess insurance if any. The Certificate of Insurance must specifically verify
that the contractor is insured against claims for personal and bodily inquiry including death,
as well as claims for property damage arising out of the (i) use and occupancy of the rightof-way by the contractor, its officers, agents, employees and permittees, and (ii) placement
and use of facilities and equipment in the right-of-way by the contractor, its officers, agents,
employees and permittees, including but not limited to, protection against liability arising
from completed operations, damage of underground facilities and collapse of property.
The registrant shall maintain automobile liability insurance with a limit of not less than
$2,000,000 combined single limit. The insurance shall cover liability arising out of any auto,
including owned, hired, and non-owned vehicles.
The Contractor shall maintain Workers Compensation insurance in accordance with the
statutory requirements of the State of Minnesota or provide evidence of the qualification as
a self-insurer of workers compensation. The Contractors Workers Compensation
insurance shall include Employers Liability with minimum limits as follows:

$500,000 Bodily injury by Disease per employee

$500,000 Bodily injury by Disease aggregate
$500,000 Bodily injury by Accident

An Umbrella or Excess Liability insurance policy may be used to supplement the

Contractors policy limits on a follow-form basis to satisfy the minimum policy limits.
Contractors policies shall be primary and non-contributory to any other valid and
collectible insurance available to the City.
Page 8 of 18

The Certificate of Insurance shall state that Contractors insurance has been endorsed to
require that the City be notified thirty (30) days in advance of cancellation of the policy or
material modification of a coverage term.
7. REJECTION OF QUOTE SUBMISSIONS.
The City reserves the right to reject any and all quote submissions.
8. ASSIGNMENT OF WORK
At the time or award of the contract, the City will assign work to the Contractor Providing a
final map and spreadsheet of trees to be pruned.
The Contractor shall contact the Natural Resources Technician weekly between the hours of
8:00 a.m. and 4:30 p.m. for the purpose of securing new work, submitting progress reports
on the preceding weeks activities or review past or upcoming operations. This schedule
shall be adhered to until discontinued by the Natural Resources Technician.
9. CONTRACT.
The contractor to whom the award is made shall enter into a written contract with the City
within the time specified in the proposal.
10. SUPERVISION
The project is to be completed under the direction of the Natural Resources Technician or
Public Works Supervisor, and all material used and the method of performing the work
shall, at all times, be subject to his review. He shall have the authority to decide questions
which arise as to quality and acceptability of materials furnished and work performed.
11. CONTRACTORS RESPONSIBILITY
The Contractor shall furnish all necessary machinery, tools, labor and material required, and
shall fully complete the work in accordance with the Agreement.
The entire work to be performed under the Agreement is to be at the Contractors risk, and
he is to assume the responsibility for all damages to the work or to the entire project until
its completion and acceptance. It shall be his responsibility to maintain all stages of work in
a safe and suitable condition at all times, including nights, weekends, and holidays. The
Contractor shall make observations of his work during such periods as are necessary to
ensure proper performance thereof. The Contractor shall designate one person who shall
have charge of the job and to whom the Natural Resources Technician shall give directions.

Page 9 of 18

Precautions shall be exercised at all times for the protection of persons (including
employees) and property. The safety provisions of applicable laws shall be observed.
12. PROTECTION OF THE WORK
Where the work is carried on in, or adjacent to, any street, alley or public place, the
contractor shall at his own expense furnish and erect such barricades, fences, light and
danger signals and shall provide such flagmen and shall take such other precautionary
measures for the protection of persons and property, and of the work, as are necessary.
When a detour is necessary, because a street is blocked by the work, the City Engineer or
Designee shall approve the detour route and the Contractor shall furnish and post detour
signs to type and sizes as required by the City, at places designated by said City Engineer or
Designee.
13. PROTECTION AND RESTORATION OF PROPERTY
The Contractor shall not enter upon private property without having previously obtained
permission from the Owner. The Contractor shall be responsible for the preservation of,
and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns,
fences, culverts, bridges, pavement, driveways, sidewalks, etc.; all water, sewer and gas
lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or
private property along or adjacent to the work. Any adjacent shrubs, trees or other growth
receiving or sustaining breakage, injury or other damage during the pruning project shall be
given remedial or corrective treatment and clean-up.
The Contractor shall notify the proper representatives of any public utility, corporation and
company or individual, not less than forty-eight hours in advance of any work which might
damage or interfere with the operation of their or his property along or adjacent to the
work.
The Contractor shall be responsible for all damages or injury to property of any character
resulting from any act, omission, neglect or misconduct in the manner of method of
executing the work, or due to non-execution of the work, or at any time due to defective
work or materials.
The Contractor shall restore, or have restored at his own expense, such property to a
condition similar or equal to that existing before such damage or injury was done, by
repairing, rebuilding, or otherwise restoring as may be directed, or shall make good such
damage from injury in a manner acceptable to the Owner and the City.
In case of failure on the part of the Contractor to restore such property to make good such
damage or injury, the City may give written notice under ordinary circumstances and
without notice when a nuisance or hazardous condition results, proceed to repair, rebuild
Page 10 of 18

or otherwise restore such property as may be determined necessary, and the cost thereof
will be deducted from any monies due to the Contractor under this Agreement and if not so
deducted, the Contractor will be obligated to forthwith reimburse the City for the cost
thereof.
The City shall be indemnified and saved harmless from any suit or expense claim brought
for or on account of any damage, maintenance, removal and/or replacement or relocation
of mains, conduits, pipes, poles, wires, cables or such other structures of private utility firms
or corporations, whether underground or overhead, that may be caused or required by the
Contractor during the time the work is in progress.
14. PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS AND RIGHT-OF-WAY
For the performance of the Agreement, the Contractor will be required to be permitted to
occupy such portions of streets or alleys, or other public places, or other right-of-ways, as
permitted by the City, and with proper traffic warnings and controls, IAW MN MUTCD
Manual (2014) and City policies.
Where the work encroaches upon any right-of-way of any railway or State or County
Highway, the Contractor shall observe all the regulations and instructions of the railway
company and State or County Highway Department as to methods of doing the work, or
precautions for safety of property and the public. All negotiations with the railway
company and State or County Highway Department shall be made by the Contractor at
his/her own expense.
15. NOISE ELIMINATION
The Contractor shall eliminate noise to as great an extent as possible at all times. The
exhausts of all gasoline motors and other power equipment shall be provided with mufflers
in accordance with current government regulations.
16. DELAYS
The Contractor herewith specifically waives claims for damages for any hindrance or delay.
Shutdowns due to improper work or otherwise due to the Contractors operations, are not
causes for extension of time.
The Contractor must perform at a productive rate of tree pruning and must maintain the
ability to perform at that level throughout the effective period of the contract.
Failure to meet these requirements shall be basis for executing the penalty provision of this
Agreement; rejection of quote submission or forfeiture of Agreement.
17. COMPLETION OF CONTRACT AND INSPECITON
Page 11 of 18

After completing the work as detailed in the Agreement, the Contractor shall immediately
submit to the Natural Resources Technician in writing a billing for the work order amount as
a notice of completion of the project.
The Natural Resources Technician or his representative will make final inspection of all work
included in the work order as soon as practicable after notification by the Contractor that
such work is completed.
If such work is not acceptable at the time of inspection, the Contractor will be notified in
writing as to the particular defects to be remedied before such work can be accepted. If,
within a period of three working days after such notification, the Contractor has not taken
steps to promptly complete the work as directed, the City may without further notice and
without in any way impairing the Agreement, make such other arrangements as may be
deemed necessary to have such work completed in a satisfactory manner. The cost of
completing such work shall be deducted from any monies due, or which may become due
the Contractor on the Agreement.
If the contractor claims that any instructions, latent conditions or otherwise, involves extra
cost under this Agreement, a claim for the extra cost must be submitted in writing within
ten days after such obstruction or observance of conditions, and in any event, before
proceeding to execute this work, except in an emergency endangering life or property, the
procedure shall then be as provided for changes in the work. Claims made after this time,
or not made in writing will be refused and no claim shall be valid unless so made.
18. FAILURE TO COMPLETE WORK ON TIME
Should the contractor fail to complete the work on or before the original date set forth for
completion in the work order, the City may permit the Contractor to proceed, and in such
case there shall be deducted from any monies due or that may become due the Contractor
ten percent (10%) of the unit price for each hour on that work order. This sum shall be
considered and treated, not as a penalty, but as liquidated damages.
Permitting the Contractor to continue and finish the work or any part of it after the time
fixed for its completion, or after the date to which the time of completion may have been
extended, shall in no way operate as a waiver on the part of the City of any of its rights
under the Agreement. Neither by the taking over of the work by the City, nor by the
termination of the Agreement, shall the City forfeit the right to recover liquidated damages
from the Contractor.
If the Contractor should neglect to proceed with the work properly, or fail to perform any
provisions of the Agreement, the City, after written notice to the Contractor, may without
prejudice to any other remedy the City may have, make good such deficiencies and may
deduct the cost thereof from the payment then or thereafter due to Contractor.
Page 12 of 18

19. DEDUCTIONS
The City may withhold from payment to the Contractor such an amount or amounts as may
be necessary to cover:
a. Defective work not remedied.
b. Claims for labor or materials furnished the Contractor or subcontractor, or
reasonable evidence indicating probable filing of.
c. Failure of the Contractor to make payments properly to subcontractors for material
or labor furnished by others.
d. A reasonable doubt that the Contract can be completed for the balance then unpaid.
e. Evidence of damage to private property.
20. FORFEITURE OF CONTRACT
If at any time the Natural Resources Technician is of the opinion that the work is
unnecessarily delayed, or is of poor quality and will therefore not be finished within the
prescribed time or standard, he shall notify the Contractor, in writing, to that effect. If the
Contractor does not take such measures as will, in the judgment of the Natural Resources
Technician, insure the satisfactory completion of the work, the Natural Resources
Technician may then notify the said contractor to discontinue all work under the Agreement
for this project, and the Contractor shall immediately respect such notice and stop work,
and cease to have any rights to the possession of the grounds.
The City may thereupon re-let the Agreement or employ such forces as deemed advisable
to complete the work, and charge the cost of all labor and materials necessary for such
completion to the Contractor, and the amount so charged shall thereafter become due to
the Contractor under and by virtue of the Contract for this improvement.
In case such amount so paid by the City is less than the sum which would have been payable
to the Contractor if the Agreement had been fulfilled by him, then said Contractor shall be
entitled to receive the full difference and in case such amount is greater, the said
Contractor shall pay to the City the amount of such excess so due.
If the Contractor shall assign the Agreement for this improvement without the written
consent above required, or shall abandon the work thereon, or shall neglect or refuse to
comply with these specifications and the instructions of the Natural Resources Technician
relative thereto and with the ordinances of the City, the City shall have the right to annul
and cancel said Agreement and to re-let the work, or any part thereof, and such annulment
shall not entitle the Contractor to any claim for damages on account thereof, nor shall it
affect the right of the City to recover damages which may arise from such failure.
21. DISCRIMINATION ON ACCOUNT OF RACE, CREED, OR COLOR PROHIBITED.
Page 13 of 18

State law provides that every Contract for or on behalf of the State of Minnesota, or any
county, city, borough, town, township, school, school district, or any other district in the
State, for materials, supplies or construction shall contain provisions by which the
Contractor agrees:
1. That, in hiring of common or skilled labor for the performance of any work under
any contract, or any subcontract hereunder, no contractor, material supplier or
vendor, shall, by reason of race, creed or color, discriminate against the person or
persons who are citizens of the United States who are qualified and available to
perform the work to which such employment relates:
2. That no contractor, material supplier, or vendor shall, in any manner discriminate
against, or intimidate, or prevent the employment of any such person or persons, or
on being hired, prevent, or conspire to prevent any such person or persons from the
performance of work under any contract on account of race, creed or color;
3. That this contract may be canceled or terminated by the City, or any other person
authorized to grant contracts for such employment, and all money due, or to
become due hereunder may be forfeited for a second or any subsequent violation of
the terms or conditions of this contract (Section 18.022-023 Minnesota Statutes)
22. INDEMNIFICATION
The Contractor shall indemnify and hold harmless the City and its agents and employees
from and against all claims, damages, losses and expenses, including but not limited to
attorneys fees, which they may suffer or for which they may be held liable because of
bodily injury, including death at any time resulting therefrom, sustained by any person or
persons or on account of damage to property, including loss of use thereof, in consequence
of the performance of the work by the Contractor, his employees, agents or subcontractors.

Page 14 of 18

Appendix A.
Examples of pruning required:

Dotted lines represent branches removed.

Links below provide additional information on pruning required.
Young trees - http://hort.ifas.ufl.edu/woody/documents/ch_12_mw04.pdf
Mature trees - http://hort.ifas.ufl.edu/woody/documents/ch_13_mw06.pdf

Page 15 of 18

Page 16 of 18

Examples of pruning cuts required:

Page 17 of 18

In reduction cuts (removing a larger trunk/parent branch back to a smaller side branch), the side branch
must be at least one-third the diameter of the trunk/parent branch removed. If the side branch is less
than one-third the trunk diameter, it is a heading cut. Heading cuts are not acceptable in pruning
standards. Reduction cuts should be removing 50%-75% of the live buds on a temporary branch being
reduced.

Page 18 of 18

Appendix B.
AGREEMENT BETWEEN CITY OF SHAKOPEE AND CONTRACTOR
FOR 2017 STREET TREE PRUNING

______________________ (Contractor) agrees to perform work in accordance with the above

standards and specifications for $_________ per working hour.
DATED ________________________________________
BY ___________________________________________
Contractor
ITS ___________________________________________
Owner/President

CONTRACTOR ADDRESS:
_________________________________
_________________________________
CONTRACTOR AUTHORIZED SIGNATURE:
_________________________________
TITLE:
_________________________________

CITY AUTHORIZING SIGNATURE:

_________________________________
PRINTED NAME:
________________________________
Date:
_______________________________

Page 19 of 18

City of Shakopee - 2017 Street Tree Pruning

1251

Zone 2 contains approximately 721 trees

and 9,275 diameter inches. An estimated
149 trees and 2,701 diameter inches in an
adjacent zone (not shown) with a similar
size/species distribution may also be an
area of work.

501

717

127

317
323

533

605

525

326

511

435

504

500

407

214 220

436

415

422 422

217

228

225

238

306

405

414

408

506

340

316
330 322

306
313 532

1,000 Feet

238

220

228

235 227

219

212

211

202

203

138

128 120

435

127

119

132

534

330

322

311

505

314

527

437

438

337

326

537

523

515

402

338

420

430

512

440

516

0 604
538 548

612

132

6TH

419

427

435

509

529

549

569

589

605

222

234

329

637

706

638

630

468

0
0

635

404

334

322

327

537

532

420

415

430

423

436

507

514

513

534

521

554

531

574

541

615

322

330

604
614

603
615

506
619

512

522

530

542

610

713

714

439

615

645

443

478

655

447
467

675

487

630

555

806

321
725

650

670

526

565

546

585

566

595

600

601

606

625

625

406

810

820

810

838

830

820

467

1111

914

937 1001

922

1004

938

926

1011 1017
1003 1009

527

547

574
584
594

578

584
598
612
616
620
624

1133

3RD

1240

1118 1124
1108 1110

1200

1134

316

324

1019

336

380

1221

1211

323

4TH

1226

1100

1012

1240

1260

460

551

519
500

476

550

529

608

1115 1123

257

1201

1143

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Date: 2Dec16

Consent Business

4. C. 1.

TO:

Mayor and City Council

FROM:

Jamie Polley, Parks & Recreation Director

DATE:

01/03/2017

SUBJECT: *Acceptance of a Donation of $1000 for the Shakopee Fun For All Playground,
Res. No. 7825 (A,B,D)
Action Sought
To accept a donation of $1,000.00 for the Shakopee Fun For All Playground.
Background
On March 2, 2016 the City Council approved the concept of an inclusive playground at Lions Park and
authorized the fundraising efforts of the Fun For All Task Force for the park equipment. Task force members
have been meeting with individuals, local business owners, corporations and various organizations.
Many generous donators have come forward in many ways. Some of the donators have donated $1,000.00 or
more to the project. Per the city requirements for donations, any monetary donation of $1,000 or more needs to
be accepted by two-thirds vote of the City Council. A donation of $1,000 has been received from Janice and
Donald Link, very generous residents who are wonderful supporters of the community.

Recommendation
To accept the generous donation in support of the Shakopee Fun For All Playground.
Budget Impact
The donation helps to meet the funding goal of $400,000 to construct the inclusive playground.

Relationship to Vision
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.
D. Maintain improve and create strong partnerships with other public and private sector
entities.
Requested Action
If the City Council concurs, it should, by motion adopt Resolution No. 7825, a resolution of the
City of Shakopee, Minnesota, accepting a donation of $1,000.00 for the Shakopee Fun For All
Playground, and move its adoption.
Attachments
Resolution No 7825

RESOLUTION NO. 7825

A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA
ACCEPTING A DONATION OF $1,000.00 FOR THE SHAKOPEE FUN FOR
ALL PLAYGROUND.
WHEREAS, on November 6, 2002, the City Council adopted Resolution
No. 5794, which established procedure relating to the receipt of gifts and
donations by the City; and
WHEREAS, Resolution No. 5794 specifies that donations or gifts shall be
accepted by resolution of the City Council, and shall require a two-thirds majority
of the Council for acceptance; and
WHEREAS, Janice and Donald Link, avid supporters of the City of
Shakopee have generously donated $1,000 to the Shakopee Fun For All
Inclusive Playground; and
WHEREAS, donation will assist in funding a unique playground that will
provide a positive playing experience for all community members, young to old
and of all abilities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SHAKOPEE, MINNESOTA, that the donation is gratefully
accepted; and
FURTHER, the City staff is directed to send a letter to the donor,
acknowledging receipt of the gift and expressing the appreciation of the City
Council.
Adopted in regular session of the City Council of the City of Shakopee,
Minnesota held this 3rd day of January, 2017.
______________________________
William Mars
Mayor of the City of Shakopee
ATTEST:
___________________________________
City Clerk

Consent Business

TO:

Mayor and City Council

FROM:

Darin Nelson, Finance Director

DATE:

01/03/2017

SUBJECT:

*City Bill List (F)

4. D. 1.

Action Sought
Attached is the most recent monthly Financial Report for the General fund. These reports
reflect the expenditures as recorded for 2016 activity. The following transactions are notable
for this reporting cycle:
Draw 10 was requested by CPMI for various contractors working on the City Hall
project. Total amount requested, $88,231.63.
Frank J Zamboni & Co delivered 2 new Zamboni Ice Resurfacers on December 1, 2016.
One replaces the existing Zamboni, which was already slated for replacement in the
Equipment Fund. The other Zamboni will be paid out of the Project Fund. Total for both
$265,262.50.
RJM Construction requested estimate pay voucher 10 for work completed as of
November 30, 2016. $1,401,331.68
Included in the check list are various refunds, returns, and pass throughs.
Action Requested
Move to approve the bills and electronic funds transfers in the amount $2,276,125.64 payroll
transfers in the amount of $541,017.84 for a total of $2,817,143,48.

Attachments
Bill List
Monthly Financial Report
Check Register
Check Summary

FundstransferredelectronicallyDecember21,2016toJanuary3,2017
PAYROLL
FIT/FICA
STATEINCOMETAX
PERA
HEALTHCARESAVINGS
HEALTHSAVINGSACCT
NATIONWIDEDEFCOMP
ICMADEFERREDCOMP
MSRS
FSA
MNWAGELEVY
Total

296,214.89

$ 97,320.40
$ 20,597.36
$ 88,116.93
$ 18,523.39
$428.80

$ 10,560.84
$ 2,011.70
$ 2,958.27
$ 3,794.83
$ 490.43
$ 541,017.84

12/30/2016 10:38:15 AM

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Consent Business

TO:

Mayor and City Council

FROM:

Lori Hensen, City Clerk

DATE:

01/03/2017

SUBJECT:

*Designation of Official Newspaper (F)

4. D. 2.

Action Sought
City Council is asked to designate the official newspaper for 2017.
Background
The city is required by law to publish certain matters in its official newspaper during the
course of the year. We publish the council minutes (motions primarily), ordinances, resolutions
when required by law, notices of public hearings on planning matters and public improvement
projects and advertisement for bids. It is appropriate that this designation be made at this time.
To be qualified as a medium of official and legal publication, a newspaper must meet certain
qualifications set forth by state law. To name a few, it must be printed in the English language
in newspaper format; be distributed twice a month if not a daily; be circulated in the political
subdivision which it purports to serve, and either have at least 400 copies regularly delivered to
paying subscribers, or 400 copies regularly distributed without charge to local residents; have
its known office of issue established either in the county in which it lies in whole or in part, the
political subdivision which the newspaper purports to serve, or in an adjoining county; and file
a copy of each issue immediately with the State Historical Society.
The city has had a very good working relationship with Shakopee Valley News. Their staff
have been very helpful and courteous.
Recommended Action
Designate the Shakopee Valley News as the official newspaper for the City of Shakopee for
the year 2017.

Consent Business

TO:

Mayor and City Council

FROM:

Darin Nelson, Finance Director

DATE:

01/03/2017

4. D. 3.

SUBJECT: *Requesting Scott County to Reinstate Special Assessment #27000 for Parcel
27-908068-1, Res. No. 7824 (F)
Action Sought
Adopt Resolution No. 7824 requesting Scott County to reinstate Special Assessment #27000 for Parcel
27-908068-1.

Background
Staff discovered a discrepancy between the Citys records and Scott Countys records in regards to a deferred
special assessment for PID 27-908068-0. The deferred special assessment in question is number 27000 Green
Acre Deferred. The County does not have record of this deferred assessment for this specific parcel. They did
have record of two other deferred assessments that were paid off earlier this year when the parcel went through
a re-platting, creating PID 27-908068-1.
In researching this "Green Acre Deferred" assessment, staff discovered this assessment related back to the 1980
V.I.P. Interceptor that was approved by the City Council via Resolution 1891 on August 25, 1981. Collection
would have begun in 1982, but since the property was in Green Acres, the assessment has been in deferral since
that date.
The other discrepancy that was discovered is that the deferred interest on this assessment is being calculated
incorrectly. The initial assessment for this property was $6,535.19 with an annual interest rate of 8.75 percent.
If the assessment would have been paid over the initial 10 years from 1982 to 1991, total principal and interest
payments would have amounted to $9,707.18. However, the total outstanding balance we are indicating in our
special assessment system is only $10,863.30. That balance doesn't make logical sense, since no payments were
made on the assessment and its been sitting in a deferred status for thirty plus years.
Since 1992, the deferred interest has only been calculated on what would have been the final scheduled principal
and interest payment for the 10-year assessment of $629.18. Each year the city has only been adding $55.05 of
interest to the outstanding deferred assessment. $629.18 multiplied by an interest rate of 8.75 percent equals
$55.05.
What should have occurred since the assessment was deferrment is that interest should have been calculated
annually on the outstanding balance. The city's practices is to compute the deferred interest utilizing a simple
interest calculation. A lump sum amount of $6,535.19 at an interest rate of 8.75 percent over the course of 34
years calculates out to a substantially higher amount of approximately $26,549.21.
The city erred in this calculation and will be requesting the City Councils approval not to collect the difference
between the erroneous and correct calculation methods. However, beginning with 2016, interest will now be
calculated on the outstanding assessment balance ($6,535.19) until the assessment is paid in full. Our special
assessment system indicates an outstanding balance of $10,863.30. That balance has not been updated since
2011. Adding the previous interest calculation of $55.05 per year to that balance for the years of 2012 through
2015 equates to an outstanding balance of $11,083.51 at December 31, 2015. Revising the interest calculation
for 2016, brings the outstanding balance to $11,655.34 at December 31, 2016. This outstanding assessment

($6,535.19) will continue to accrue interest at 8.75 percent annually.

The County requests a Resolution from the City Council to reinstate the deferred assessment. The owner of the
property, Mr. Eugene Hauer has been notified of the situation via a letter mailed on December 14, 2016. As of
the date of this memo, Mr. Hauer has not contacted city staff.

Recommendation
Approval.

Budget Impact
Reinstate of deferred assessment ensures future collection of Sanitary Sewer infrastructure funds.

Relationship to Vision
Housekeeping item

Requested Action
Adopt Resolution No. 7824, requesting Scott County to reinstate special assessment #27000 for parcel
27-908068-1.

Attachments
Resolution No. 7824 - Reinstate Special Assessment #27000

RESOLUTION NO. 7824

A RESOLUTION REQUESTING SCOTT COUNTY TO REINSTATE SPECIAL

ASSESSMENT #27000 FOR PARCEL 27-908068-1
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, COUNTY OF
SCOTT, MINNESOTA, that special assessment #27000 needs to be reinstated by Scott County
as a Green Acre deferred assessment for parcel 27-908068-1; and
WHEREAS, the property was replatted in 2016 from parcel 27-908068-0 to 27-908068-1; and
WHEREAS, Scott County does not indicate record of this deferred assessment that has been on
the Citys records since 1981 via Resolution No. 1891; and
WHEREAS, the deferred assessment remains qualified for Green Acre deferral; and
BE IT FURTHER RESOLVED, the accrued balance as of December 31, 2016 is $11,655.34
which will continue to accrue interest at a simple interest rate of 8.75 percent based off of the
original assessment value of $6,535.19.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota held this 3RD
day of January 2017.

Mayor of the City of Shakopee

ATTEST:

Consent Business

TO:

Mayor and City Council

FROM:

Lori Hensen, City Clerk

DATE:

01/03/2017

SUBJECT:

*Tobacco license for Top Star Market (F)

4. D. 4.

Action Sought
Approve the application and grant a tobacco license to Adel Tawleeleh and Sined Manasra dba
Top Star Market, 615 Marschall Road.
Background
The city has received an application from Adel Taweeleh and Sined Manasra dba Top Star
Market to sell tobacco at retail at 615 Marschall Road. Adel has had a tobacco license in the
past, however his son is now a partner in the business and needed to be added to the license.
The application is in order. The Police Department has conducted the customary background
investigation and has learned of nothing that would prevent the issuance of a tobacco license.
Recommended Action
Approve the tobacco license to Adel Taweeleh and Sined Manasra dba Top Star Market at 615
Marschall Road.

Consent Business

TO:

Mayor and City Council

FROM:

Lori Hensen, City Clerk

DATE:

01/03/2017

SUBJECT:

*Bicycle Advisory Committee Vacancy (F)

4. D. 5.

Action Sought
Approve the interview committee's recommendation to fill the vacancy of the Bicycle
Advisory Committee.
Background
The city has advertised for the past few months for volunteers interested in filling the vacant
seat on the Bicycle Advisory Committee. On December 29, an interview panel consisting of
Councilors Jay Whiting and Matt Lehman and a representative from the Bicycle Advisory
Committee interviewed one applicant.
After reviewing the qualifications, the interview committee recommends that Josh Johnson
finish the existing term, which ends February 28, 2017 and fill the new term contingent upon
acceptable performance in interim appointment, bypassing re-interview for March 2017.
Recommended Action
Approve the interview committee's recommendation for the Bicycle Advisory Committee.

Consent Business

TO:

Mayor and City Council

FROM:

Lori Hensen, City Clerk

DATE:

01/03/2017

SUBJECT:

*Massage Business and Massage Therapist License (F)

4. D. 6.

Action Sought
Grant a massage therapy business and massage therapist license to Deb LeMay.
Background
Staff has received an application for a massage therapy business and massage therapist license
from Deb LeMay at 1880 Independence Drive.
The applications are in order. During the customary background investigation, the Police
Department has learned of nothing that would prevent the issuance of the licenses.
Recommended Action
Grant a massage therapy business and massage therapist license to Deb LaMay, 1880
Independence Drive.

Public Hearings

TO:

Mayor and City Council

FROM:

Lori Hensen, City Clerk

DATE:

01/03/2017

SUBJECT:

Taxicab Business License (F)

6. A.

Action Sought
Approve the application for Taxicab Business License for Jeff Norton dba TNT Taxi
Background
Mr. Tim Dressen has sold TNT Taxi to Mr. Jeff Norton. Changing the owner necessitates
considering this a new business and requires a public hearing.
Pursuant to the City Code, notice of the required public hearing has been given to the applicant
and to all licensees and notice had been published in the City's official newspaper.
Mr. Norton's application is in order and the Police Department has found no reason to deny
issuing the license.
Recommended Action
Approve the application for a taxicab business license for Jeff Norton dba TNT Taxi.

General Business

TO:

Mayor and City Council

FROM:

Jamie Polley, Parks & Recreation Director

DATE:

01/03/2017

8. A. 1.

SUBJECT: Authorize Rule Waivers and Various In-Kind Contributions to Relay for Life (D)
Action Sought
The Council is asked to consider and potentially authorize the request for rule waivers and
various in-kind donations to the 2017 Relay for Life celebration.
Background
The Scott County Relay for Life has taken place for many years at the Shakopee School
District's Vaughan Field. In 2016 Vaughan Field was under renovations and the City Council
approved the use of portions of Lions Park and the Youth Building for the event. The City
Council approved the requested rule waivers and in-kind donations in 2016.
The park was so well received and the event worked very well that the Event Leadership Team
is again requesting the use of the Youth Building and adjacent parking lots. The team
is requesting the waiving of fees for the youth building and extended park hours on Friday, July
14th. This year's Relay for Life celebration is scheduled for Friday, July 14th starting at 8:00
AM to 1:00 AM, Saturday July 15th.
Discussion
The Relay for Life Event Leadership Team has submitted the attached letter with a list of
requests for parking, various rule, ordinance and fee waivers. The Parks and Recreation
Department will issue the Relay for Life a Special Use Permit that will include the items
approved as well as insurance requirements, ordinance regulations (food trucks, amplified
music, park rules), utility marking requirements for tent staking, applicable fees if not waived,
etc.?
Budget Impact
The teams requests are mostly for space and therefore the budget impact to the City is minimal.
Relationship to Vision
D. Maintain, improve and create strong partnerships with other public and private sector
entities.
Requested Action
The Council is asked to consider the requested rule waivers and various in-kind donations to the 2017 Relay for
Life celebration, as outlined on the attached.

Attachments

Relay Request Letter

To the City of Shakopee-

First of all, wed like to say thank you for your support of the American Cancer Society Relay For
Life of Scott County event in 2016. Weve received very positive feedback about moving the
event from Vaughan Field to Lions Park and Sweeney Elementary, and are excited to continue
to host the event in this new location. This year will be the 20th annual event here in Scott
County. This community has raised over 2.4 million dollars to supports programs for cancer
patients, cancer research, and promotion of cancer prevention and early detection, and were
excited to continue to raise funds for this important cause.
This year, wed like use of the log cabin building and the parking lots, however we will not need
the use of Lions Park or the shelters. Wed like to request that the city waive the park fees once
again this year, so that more of the dollars that our teams raise can go directly back to our
mission. The city would receive event sponsorship benefits which include recognition on our
Relay For Life websites and a logo on our event t-shirts.
In addition to the fees being waived, wed also like to request the following items:

Extension of park hours - 8 am on Friday, July 14th until 3 am on Saturday, July 15th (to
allow time for setup and clean up)
Log cabin (and use of tables and chairs inside)
Use of both parking lots
Permission to use an ATV on premises for setup, take down, and navigation. We will also
have food trucks on the premises and will take care of city ordinances when the time
comes.

On behalf of the American Cancer Society and the Relay For Life of Scott County, thank you for
your consideration. We look forward to working with the City of Shakopee again this year to
raise funds to support those fighting this horrible disease.

Sincerely,

The 2017 Relay For Life Event Leadership Team

General Business

TO:

Mayor and City Council

FROM:

Darin Nelson, Finance Director

DATE:

01/03/2017

SUBJECT:

Monthly Financial Review (C)

8. B. 1.

Action Sought
No official action is sought, this is the monthly review of the General Fund revenues and expenditures.
The first attached report provides the monthly (December) and cumulative year-to-date revenues and
expenditures. The far right column provides year-to-date revenues and expenditures through this same time
period last year. Revenues tend to be more sporadic rather than recurring evenly from month-to-month.
Comparing the same time frame from one year to the next may provide additional insight as to what may or may
not be occurring in the current year.
Even though the new year has begun, that doesn't mean 2016 is complete. Financial reports are snapshot in
time. There are many revenues and expenditures along with various other year-end entries that need to be
made. We will be paying bills and collecting receipts all related to 2016 well into February.
As you may recall, the 2017 budget included a revised or final 2016 budget. The first attached report
(December Monthly Financial Report) includes the revised 2016 budget in lieu of the original budget. The
second attached report compares the original and revised budget with a variance analysis between year-to-date
expenditures and the revised 2016 budget.
The revised revenue budget was increased by approximately $1 million and the revised expenditure budget was
reduced by $1.1 million. Excess reserves are being transferred to the city hall construction project and to debt
service reserves. The original 2016 budget had a planned deficit of $449,000, the final budget has a budgeted
surplus of $453,000.
Reviewing the departmental budgets the Building Inspection division has a negative budget variance greater
than 10 percent. This division has incurred additional expenditures related to implementing the electronic plan
review system that is set to go live in early 2017. Expenditures include software, training and large format
scanners. This project is being paid for with building inspection revenue.
The Fleet division is slightly over budget at this point. The implementation of a new fleet management system
approved by council back in July was not accounted for in the revised budget. Set up costs of approximately
$26,000 includes computer hardware and software along with the necessary tool chests needed to accompany
the computer setups.
It should be noted that revised budgets were generally reduced compared to the original budgets. The Fleet and
Building Inspection divisions were no exception. As mentioned earlier, the revised budget was reduced by $1.1
million. It appears revised budgets for a few departments/divisions were reduced too much which may result
budget overages. The revised budget did anticipate a year-end surplus, so overages will not materially effect
the General Fund's financial position.

Attachments
December Monthly Financial Report
2016 Original & Final Budget with YTD Comparison

CITY OF SHAKOPEE
Monthly Financial Report
Di
vis
io
n
01000 - GENERAL FUND
REVENUES:
* - TAXES
* - SPECIAL ASSESSMENTS
* - LICENSES AND PERMITS
* - INTERGOVERNMENTAL
* - CHARGES FOR SERVICES
* - FINES AND FORFEITS
* - MISCELLANEOUS
TOTAL REVENUES
EXPENDITURES:
11 - MAYOR & COUNCIL
12 - ADMINISTRATION
13 - CITY CLERK
15 - FINANCE
17 - COMMUNITY DEVELOPMENT
18 - FACILITIES
31 - POLICE DEPARTMENT
32 - FIRE
33 - INSPECTION-BLDG-PLMBG-HTG
41 - ENGINEERING
42 - STREET MAINTENANCE
44 - FLEET
46 - PARK MAINTENANCE
66 - NATURAL RESOURCES
67 - RECREATION
91 - UNALLOCATED
TOTAL EXPENDITURES
OTHER FINANCING
* - TRANSFERS IN
* - TRANSFERS OUT
OTHER FINANCING TOTAL
FUND TOTAL
Key
Varies more than 10% than budget positively
Varies more than 10% than budget negatively
Within 10% of budget

YTD
2016
Budget

December
2016
Actual

YTD
2016
Actual

(17,150,900) (7,790,078) (16,942,684)

(11,500)
(21,863)
(20,507)
(2,269,100)
(46,490) (2,448,151)
(1,251,900)
(18,969) (1,207,838)
(4,377,650) (306,806) (4,446,275)
(1,500)
(3,710)
(11,213)
(198,850)
(55,747)
(250,365)
(25,261,400) (8,243,663) (25,327,033)
176,990
1,355,860
326,030
1,154,300
501,720
363,810
7,750,810
2,059,380
606,910
627,340
1,934,790
403,310
1,570,640
200,410
2,462,810
217,580
21,712,690

Budget
Balance
Remaining

YTD
2015
Actual

Percent
Used

(208,216)
9,007
179,051
(44,062)
68,625
9,713
51,515
65,633

99%
178%
108%
96%
102%
748%
126%
100%

(16,160,074)
(12,043)
(2,023,436)
(1,356,734)
(4,461,510)
(7,093)
(310,395)
(24,331,286)

95%
100%
96%
99%
89%
92%
97%
97%
112%
95%
93%
104%
96%
71%
94%
18%
96%

208,849
1,096,915
384,513
1,123,583
475,453
378,072
7,527,530
2,096,522
645,720
642,942
2,001,289
392,053
1,572,214
106,458
2,238,397
173,247
21,063,757

5,133
121,261
21,164
102,868
34,265
21,735
543,886
129,027
59,320
32,416
124,733
24,892
86,431
5,466
162,108
4,804
1,479,510

167,877
1,354,790
312,940
1,147,996
445,972
334,896
7,523,181
1,997,815
679,458
593,795
1,802,779
419,025
1,506,272
141,429
2,305,221
39,738
20,773,183

9,113
1,070
13,090
6,304
55,748
28,914
227,629
61,565
(72,548)
33,545
132,011
(15,715)
64,368
58,981
157,589
177,842
939,507

(250,000)
0
3,345,000
0
3,095,000
0
(453,710) (6,764,154)

(250,000)
2,103,755
1,853,755
(2,700,096)

0
1,241,246
1,241,246
2,246,386

100% #
63% #
60% #
#

(250,000)
3,515,466
3,265,466
(2,063)

CITY OF SHAKOPEE
Monthly Financial Report

Division
01000 - GENERAL FUND
REVENUES:
* - TAXES
* - SPECIAL ASSESSMENTS
* - LICENSES AND PERMITS
* - INTERGOVERNMENTAL
* - CHARGES FOR SERVICES
* - FINES AND FORFEITS
* - MISCELLANEOUS
TOTAL REVENUES
EXPENDITURES:
11 - MAYOR & COUNCIL
12 - ADMINISTRATION
13 - CITY CLERK
15 - FINANCE
17 - COMMUNITY DEVELOPMENT
18 - FACILITIES
31 - POLICE DEPARTMENT
32 - FIRE
33 - INSPECTION-BLDG-PLMBG-HTG
41 - ENGINEERING
42 - STREET MAINTENANCE
44 - FLEET
46 - PARK MAINTENANCE
66 - NATURAL RESOURCES
67 - RECREATION
91 - UNALLOCATED
TOTAL EXPENDITURES
OTHER FINANCING

YTD
2016
Budget
0.00
17,150,900.00
11,500.00
2,269,100.00
1,251,900.00
4,377,650.00
1,500.00
198,850.00
25,261,400.00
0.00
(176,990.00)
(1,355,860.00)
(326,030.00)
(1,154,300.00)
(501,720.00)
(363,810.00)
(7,750,810.00)
(2,059,380.00)
(606,910.00)
(627,340.00)
(1,934,790.00)
(403,310.00)
(1,570,640.00)
(200,410.00)
(2,462,810.00)
(217,580.00)
###########
0.00

December
2016
Actual
0.00
7,790,078.25
21,862.89
46,490.09
18,969.41
306,805.68
3,710.00
55,746.93
8,243,663.25
0.00
(5,133.41)
(121,261.44)
(21,164.48)
(102,867.68)
(34,265.14)
(21,734.79)
(543,886.05)
(129,026.51)
(59,319.63)
(32,416.19)
(124,733.28)
(24,892.18)
(86,431.12)
(5,465.91)
(162,107.96)
(4,803.80)
(1,479,509.57)
0.00

YTD
2016
Actual
0.00
16,942,684.48
20,507.25
2,448,150.84
1,207,837.71
4,446,274.92
11,213.08
250,365.18
25,327,033.46
0.00
(167,876.62)
(1,354,790.16)
(312,939.67)
(1,147,995.78)
(445,972.27)
(334,895.83)
(7,523,181.20)
(1,997,815.07)
(679,457.78)
(593,794.80)
(1,802,779.22)
(419,024.65)
(1,506,271.98)
(141,428.78)
(2,305,221.22)
(39,738.42)
###########
0.00

Budget
Balance
Remaining

Percent
Used

0.00
208,215.52
(9,007.25)
(179,050.84)
44,062.29
(68,624.92)
(9,713.08)
(51,515.18)
(65,633.46)
0.00
(9,113.38)
(1,069.84)
(13,090.33)
(6,304.22)
(55,747.73)
(28,914.17)
(227,628.80)
(61,564.93)
72,547.78
(33,545.20)
(132,010.78)
15,714.65
(64,368.02)
(58,981.22)
(157,588.78)
(177,841.58)
(939,506.55)
0.00

0.00%
98.79%
178.32%
107.89%
96.48%
101.57%
747.54%
125.91%
100.26%
0.00%
94.85%
99.92%
95.98%
99.45%
88.89%
92.05%
97.06%
97.01%
111.95%
94.65%
93.18%
103.90%
95.90%
70.57%
93.60%
18.26%
95.67%
0.00%

* - TRANSFERS IN
* - TRANSFERS OUT
OTHER FINANCING TOTAL
FUND TOTAL

250,000.00
(3,345,000.00)
(3,095,000.00)
453,710.00

0.00
250,000.00
0.00
0.00 (2,103,754.50) (1,241,245.50)
0.00 (1,853,754.50) (1,241,245.50)
6,764,153.68 2,700,095.51 (2,246,385.51)

100.00%
62.89%
59.90%
595.11%

YTD
2015
Actual
0.00
16,160,074.36
12,042.90
2,023,436.27
1,356,733.68
4,461,510.06
7,093.46
310,394.88
24,331,285.61
0.00
(208,849.31)
(1,096,914.75)
(384,512.61)
(1,123,583.39)
(475,453.45)
(378,072.13)
(7,527,529.70)
(2,096,522.27)
(645,719.73)
(642,942.18)
(2,001,288.78)
(392,052.64)
(1,572,213.58)
(106,458.06)
(2,238,397.36)
(173,246.85)
(21,063,756.79)
0.00

250,000.00
(3,515,466.00)
(3,265,466.00)
2,062.82

CITY OF SHAKOPEE
2016 Budget Report
Division
01000 - GENERAL FUND
REVENUES:
* - TAXES
* - SPECIAL ASSESSMENTS
* - LICENSES AND PERMITS
* - INTERGOVERNMENTAL
* - CHARGES FOR SERVICES
* - FINES AND FORFEITS
* - MISCELLANEOUS
TOTAL REVENUES
EXPENDITURES:
11 - MAYOR & COUNCIL
12 - ADMINISTRATION
13 - CITY CLERK
15 - FINANCE
17 - COMMUNITY DEVELOPMENT
18 - FACILITIES
31 - POLICE DEPARTMENT
32 - FIRE
33 - INSPECTION-BLDG-PLMBG-HTG
41 - ENGINEERING
42 - STREET MAINTENANCE
44 - FLEET
46 - PARK MAINTENANCE
66 - NATURAL RESOURCES
67 - RECREATION
91 - UNALLOCATED
TOTAL EXPENDITURES
OTHER FINANCING
* - TRANSFERS IN
* - TRANSFERS OUT
OTHER FINANCING TOTAL
FUND TOTAL
12/30/2016 8:58:34 AM

2016
Original
Budget

2016
Revised
Budget

2016
YTD
Actual

0.00
17,150,900.00
11,500.00
1,504,100.00
1,108,500.00
4,235,775.00
1,500.00
215,748.00
24,228,023.00
0.00
(185,260.00)
(1,555,530.00)
(399,170.00)
(1,243,700.00)
(674,905.00)
(408,986.00)
(7,625,014.00)
(2,079,785.00)
(669,967.00)
(739,178.00)
(2,225,116.00)
(429,595.00)
(1,644,596.00)
(198,092.00)
(2,529,679.00)
(218,450.00)
(22,827,023.00)
0.00
250,000.00
(2,100,000.00)
(1,850,000.00)
(449,000.00)

0.00
17,150,900.00
11,500.00
2,269,100.00
1,251,900.00
4,377,650.00
1,500.00
198,850.00
25,261,400.00
0.00
(176,990.00)
(1,355,860.00)
(326,030.00)
(1,154,300.00)
(501,720.00)
(363,810.00)
(7,750,810.00)
(2,059,380.00)
(606,910.00)
(627,340.00)
(1,934,790.00)
(403,310.00)
(1,570,640.00)
(200,410.00)
(2,462,810.00)
(217,580.00)
(21,712,690.00)
0.00
250,000.00
(3,345,000.00)
(3,095,000.00)
453,710.00

0.00
16,942,684.48
20,507.25
2,448,150.84
1,207,837.71
4,446,274.92
11,213.08
250,365.18
25,327,033.46
0.00
(167,876.62)
(1,354,790.16)
(312,939.67)
(1,147,995.78)
(445,972.27)
(334,895.83)
(7,523,181.20)
(1,997,815.07)
(679,457.78)
(593,794.80)
(1,802,779.22)
(419,024.65)
(1,506,271.98)
(141,428.78)
(2,305,221.22)
(39,738.42)
(20,773,183.45)
0.00
250,000.00
(2,103,754.50)
(1,853,754.50)
2,700,095.51

Budget Balance
Remaining

0.00
208,215.52
(9,007.25)
(179,050.84)
44,062.29
(68,624.92)
(9,713.08)
(51,515.18)
(65,633.46)
0.00
(9,113.38)
(1,069.84)
(13,090.33)
(6,304.22)
(55,747.73)
(28,914.17)
(227,628.80)
(61,564.93)
72,547.78
(33,545.20)
(132,010.78)
15,714.65
(64,368.02)
(58,981.22)
(157,588.78)
(177,841.58)
(939,506.55)
0.00
0.00
(1,241,245.50)
(1,241,245.50)
(2,246,385.51)

Percent
Used

0.00%
98.79%
178.32%
107.89%
96.48%
101.57%
747.54%
125.91%
100.26%
0.00%
94.85%
99.92%
95.98%
99.45%
88.89%
92.05%
97.06%
97.01%
111.95%
94.65%
93.18%
103.90%
95.90%
70.57%
93.60%
18.26%
95.67%
0.00%
100.00%
62.89%
59.90%
595.11%
Page 1 of 1

General Business

TO:

Mayor and City Council

FROM:

William H. Reynolds, City Administrator

DATE:

01/03/2017

SUBJECT:

Roles and Responsibilities of Shakopee City Leadership (A-F)

8. B. 2.

Action Sought
None.
Discussion
In preparation of the new year, the attached presentation is designed to remind all of the roles
and responsibilities of city leadership and to provide guidance on the issues of
personal liability, ethics, conflicts of interests, and Open Meetings laws.
Attachments
Roles and Responsibilities

Roles and Responsibilities

of City Leadership
- A Very Broad View -

3 January 2017

Don Borut, former ED of NLC

Running for public office at the local level is an
irrational and unnatural act. You permit
yourself to be scrutinized more than an
amoeba under a microscope, for below market
pay, so that citizens can call you day and night.
And for what? The right to make decisions that
will tick off half the folks in town.

 So why do you do it? Basically to make a

difference in your community and improve the
quality of life for you citizens

Role of the Individual Council member

(Handbook for Minnesota Cities League of Minnesota Cities)

Why important?

City officials can be held personally liable for failing to act or

taking unauthorized actions on the part of the City.

Duties are to be performed almost without exception

by the council as a whole.
Most important single responsibility = participation at
Council meetings
In an individual capacity, Council members have no
administrative authority.
Cannot give orders or otherwise supervise city employees.

Council Acting as a Single Entity

We as opposed to I
Clear, consistent rules of procedure
Clear, agreed-upon protocols
All members receive the same information
Respect for each other and abide by the decisions of
the group
position, if necessary
move on

Set clear direction and policy

Effective Council Members

Participate in all issues
Focus on POLICY not POLITICS
Discuss, debate and disagree without
fighting
Address issues within the Councils control
Avoid micromanagement
Play a supportive role in the group

Role of Council as a Whole

Powers are generally to
Supervise administrator
Formulate policy
Exercise city statutory powers

Should devote time to problems of

Basic policy
Act as liaison between the City and citizens

What is Policy???
What people think it is:
An arbitrary set of rules, rigidly enforced,
resulting in total frustration of employees and
community

What is should be:

A set of high-level decisions serving as a guide
for lower level decisions

In reality policy is
3 out of 5 votes.
Decision Points

Major Areas of Council Authority and

Responsibility

Certifying elections results

Setting rules governing its proceedings
Exercising city powers granted by law
Legislating (enacting ordinances)
Directing enforcement of city ordinances
Appointing administrator/some employees

Major Areas of Council Authority and

Responsibility (cont.)
Managing city financial operations

Levying taxes and approving budget

Appointing members of boards

Conducting city intergovernmental affairs

JPAs, appointing to other governmental bodies

Protecting the welfare of the City and its inhabitants

Providing community leadership
Transacting city business
Purchasing, bidding, licensing, contracting

Role of the Mayor

Has all the powers and duties of Council member,
plus
Official head of the City

Representative before bodies

Greets important visitors, gives formal and informal talks,
takes part in public events

Executes official documents

City Weed inspector per state law
Declaration of local emergencies

Duties of the City Administrator

Shakopee City Code 32.15

Chief Administrative Officer of the city and shall be responsible to

the Council for the proper administration of all affairs of the
City
Supervises the administration of all departments, offices and
divisions
Properly screens and selects/recommends for employment,
suspends, recommends for termination
Develops and issues all administrative rules, regulations and
procedures
Prepares and submits annual budget
Attends and participates in all Council meetings
Enforces all laws and provisions of the code

Duties of the City Administrator

Shakopee City Code 32.15 (cont.)

Purchases or enters into contracts for previously budgeted

items/services not to exceed $15,000
Makes recommendations to Council for actions to improve health,
safety and welfare of the community or for administration
improvement
Performs other duties as directed by Council
Accepts resignations (except from DH, police captains/sergeants)
Hires, promotes and appoints employees for positions previously
budgeted (except DH, police captains/sergeants, or those above
mid-point in pay range).

Personal Liability
The City will defend you in a lawsuit if:
You were acting in the performance of the duties of the position; and
You were not guilty of malfeasance, willful neglect of duty or bad
faith
Malfeasance = willful commission of an unlawful or wrongful act in the
performance of a public officials duties which is outside the scope of the
authority of the public official and which infringes on the rights of others.

Exceptions

Intentional torts
Assault
Sexual harassment
Defamation

Ethics (Gifts)
An interested person may not give a gift or request
another to give a gift to a local official. A local official may
not accept a gift from an interested person.
Exceptions

Services to assist an official in the performance of their duties

(advice/consultation)
A plaque or similar memento
A trinket costing $5 or less
Food or beverage at a reception, meal or meeting away from
the recipients place of work by organization before whom the
recipient is speaking.

Conflicts of Interest
Occur when an individual has a personal interest in a
decision they have the power to make. It can be
contractual or non-contractual and includes decisions in
which personal involvement, gain or financial benefit
exists for the decision maker.
General Rule #1 An officer who is authorized to take part
in any manner in making any sale, lease or contract in
official capacity shall not voluntarily have a personal
financial interest or personally benefit therefrom
Multiple exceptions

Conflicts of Interest (cont.)

General Rule #2 No member of a council shall be directly or
indirectly interested in any contract made by the Council.
General Rule #3 If the money earned under the contract is used
to support a family member so that the council member derives
some benefit, it is an indirect interest.
General Rule #4 Neither the Mayor nor any City Council member
may be employed (full-time) by the City.
Any official who has a personal economic interest that may
conflict with public interest in considering an official action
generally is disqualified from participating in the action.

Open Meetings Law

Gatherings of officials where at least a quorum is present and
issues relating to official business are discussed or information
relating to official business is received or action taken, must be
made in a public meeting.
Exceptions

Labor negotiations
Required by another law
Misconduct allegations
Performance evaluations
Attorney/client privilege
Security briefings
Real estate offer/counter

General Business
TO:

Mayor and City Council

FROM:

Nate Burkett, Assistant City Administrator

DATE:

01/03/2017

8. B. 3.

SUBJECT: Adopt an Ordinance Repealing Section 115.01 - 115.15 Shakopee City Code,
Regulating Motion Picture Theaters, Res. No. 955 (B,D)
Action Sought
Adopt Ordinance 955 which repeals Section 115.01-115.15 of the Shakopee City Code, which
regulates the operation and requires licensing of Motion Picture Theaters.
Background
See the Attached Memorandum.
Recommendation
Approval.
Budget Impact
-$110.00 in lost revenue.
Relationship to Vision
B. Positively manage the challenges and opportunities presented by growth development and
change.
D. Maintain improve and create strong partnerships with other public and private entities.
Requested Action
Adopt an Ordinance Repealing Section 115.01 - 115.15 Shakopee City Code, Regulating
Motion Picture Theaters
Attachments
Ordinance 955 - Repeal Sections 115.01-115.15
Motion Picture Ordinance Analysis Memo

ORDINANCE NO. 955

An Ordinance Repealing Motion Picture Theatre Regulations
The City Council of Shakopee ordains that Sections 115.01 115.15 of the Shakopee City Code, an
ordinance regulating Motion Picture Theaters in the City of Shakopee, adopted in 1978 and revised in
1981 is repealed, effective immediately upon passage of this ordinance and required publication.
Adopted in ____________ session of the City Council of the City of Shakopee, Minnesota,
held this ______ day of _______, 2017.

_______________________________________
Mayor of the City of Shakopee

ATTEST:

____________________________________
City Clerk

TO:

Mayor and City Council

FROM:

Nate Burkett, Assistant City Administrator

CC:

Bill Reynolds, City Administrator

Tom Pitschneider, Fire Marshal
Jeff Tate, Police Chief
Michael Kerski, Planning and Development Director
Lori Hensen, City Clerk

DATE:

December 29, 2016

SUBJECT:

Motion Picture Theaters Ordinance City of Shakopee City Code Chapter 115

City of Shakopee City Code sets forth regulations pertaining to motion picture theaters in the City of
Shakopee. The ordinance appears to have been first adopted in 1978 and last revised in 1981.
There is only one business in the City currently licensed under this ordinance.
This ordinance applies to any presentation of a motion picture, slideshow or theatrical, where a
fee is charged for viewing. Religious, education, charitable or fraternal organizations are exempted
from this chapter.
Summary of Regulations
The ordinance requires compliance with four overarching regulations (1) Prohibits shows and
performances that (a) may tend to cause public disturbance or are (b) immoral, obscene, or
indecent. (2) Requires appropriate safety measures; (a) adequate exits and the ability to egress in
an emergency as well as requiring non-flammable scenery materials and (b) that the licensee keep
general order in the facility. (3) Requires that the showing has ratings visible to anyone entering
the facility, and sets forth requirements for who may be allowed in to the theater to view showings
at given ratings levels. And (4) Provides definitions for obscenity in the event a showing is unrated
by Motion Picture Association of America and requires a rating judgement be made.
Analysis
(1) Any conduct which may tend to cause a public disturbance or public nuisance would be
adequately regulated under public nuisance or disorderly conduct laws or ordinances. Any
movie theater showing adult films would be regulated under 130.67 Adult
Establishments.
(2) After discussion with the Fire Marshall, 115.05 115.08, which provides for safety
requirements for motion picture theaters, is duplicative of the Fire Safety Code.
(3) The ratings listed in the ordinance are outdated. Movie theaters tend to follow this
provision of the ordinance as a matter of best practice and to keep compliance with their
agreements which the Motion Picture Association of America, which created the rating
system as well as their distributors and the movie production studios.

COMMUNITY PRIDE SINCE 1857

129 Holmes Street South Shakopee, Minnesota 55379-1351 952-233-9300 FAX 952-233-3801 www.ShakopeeMN.gov

(4) There are definitions of obscenity and appropriate regulations that are in accordance with
Constitutional case law in the Adult Establishments section (130.67) of the ordinance.
(5) In review of other communities ordinances on movie theaters; many other similarly sized
communities do not have ordinances requiring licenses of movie theaters. In those that do
have such ordinances they are typically structured to regulate adult use or to authorize
movie theaters to hold a liquor license.
(6) The City currently sells one movie theater business license under this ordinance per year.
That number is expected to increase to two within the next year. The total fees the City
collects under the existing movie theater licensing provision of the ordinance is $110 per
year.
Recommendation
The City Council should consider repealing the movie theater licensing ordinance (Section 115.01115.15). The important provisions of the ordinance (1) ensuring patron safety and (2) ensuring
that adult use regulations are followed, are both reasonably restricted by other parts of the City
Code.
The City Council may also wish to consider repealing the Outdoor Performance Centers section
(115.30-115.40) of the City Code, and consider adoption/revisions to those ordinances that control
larger public events in the interest of public safety.

COMMUNITY PRIDE SINCE 1857

129 Holmes Street South Shakopee, Minnesota 55379-1351 952-233-9300 FAX 952-233-3801 www.ci.shakopee.mn.us

General Business

TO:

Mayor and City Council

FROM:

Nate Burkett, Assistant City Administrator

DATE:

01/03/2017

SUBJECT:

Ordinance and Policy Review Process (A-E)

Action Sought
None. Discussion Only.
Attachments
Ordinance and Policy Review Process Presentation

8. B. 4.

Ordinance and Policy Review

Process
January 3, 2017
Nate Burkett, Assistant City
Administrator

What are we doing?

Staff proposes to perform a methodical
comprehensive review of ordinances and
policies
Consolidate policies to a single location and
align with ordinances
Ensure administration of ordinances and
policies is effective and efficient

Why is this important?

Many ordinances and policies:
have not been reviewed or updated in many
years
are not applicable, or have become obsolete due
to court rulings or State or Federal law or rule
are not enforced or enforceable and should come
off the books
prescribe procedures that decrease efficiency
and decrease customer service levels
are confusing, unclear or conflict with each other

Why is this important?

Maybe most importantly ordinances and
policies should:
reflect the direction of the Council
and support the Councils vision for the city

Ordinance, Policy and Budget are the best

tools the Council has to effect change

How will we approach this

review?
Council or Staff will identify ordinances or
policies for review
Staff will analyze ordinances and policies,
provide analysis and recommendation to the
Council
Council considers and chooses to adopt,
modify or leave an ordinance or policy as is
Typically expect to have one agenda item per
month under this review process

How will we approach this

review?
Staff initiated reviews will focus on those
ordinances and policies that need
updating because they are:
Out of date, or out of compliance with court
rulings, State or Federal Law or Rule
Inefficient, unclear, or conflicting
Out of line with best practices

How will we approach this

review?
Council direction is appreciated
Council should identify Ordinances or
Policies that do not align with the Vision or
Values of the Council
In order to provide clear unambiguous
direction to staff, any ordinance/policy that
council would like reviewed must be
addressed through a vote by the Council
body