HomeMy WebLinkAboutJune 21, 2016
CONSULTANT CONTRACT
THIS CONTRACT, made and entered into this 21stday of June, 2016, by and between the City
of Shakopee, a municipal corporation of the State of Minnesota, hereinafter referred to as the "City"
with offices at 129 S. Holmes St., Shakopee, Minnesota 55379, and Terry Krominga, Box 91,
LeSueur, Minnesota 56058, hereinafter referred to as the "Consultant."
WITNESSETH:
THAT, WHEREAS, the City of Shakopee desires to engage the Consultant to render
electrical inspector services as more particularly described in Exhibit A; and
WHEREAS, the Consultant made certain representations and statements to the City with
respect to the provision of such services and the City has accepted said proposal.
NOW, THEREFORE, for the considerations herein expressed, it is agreed by and between
the City and the Consultant as follows:
1. Services. The City agrees to engage the services of theConsultant and the Consultant
agrees to perform the services hereinafter set forth as described in Exhibit A.
2. Addition to Services. The City may add to the Consultant services or delete therefrom
activities of a similar nature to those set forth inExhibit A, provided that the total cost of such work
does not exceed the total cost allowance as specified in Exhibit A hereof. The Consultant shall
undertake such changed activities only upon the direction of the City. All such directives and
changes shall be in written form and prepared and approved by the Building Official and shall be
accepted and countersigned by the Consultant.
3. Exchange of Data. All information, data, and reports as are existing, available and
necessary for the carrying out of the work, shall be furnished to the Consultant without charge, and
the parties shall cooperate with each other in every way possible in carrying out the scope of
services.
4. Term. This contract shall be for a period of two years.
5. Pay. The City agrees to pay the Consultant in accordance with the terms set forth in
Exhibit A, which shall constitute complete compensation for all services to be rendered under this
contract.
6. Termination. If, through any cause, the Consultant shall fail to fulfill in timely and
proper manner Consultant's obligations under this contract, including the requirement to have a
bond and insurance in place, or if the Consultant shall violate any of the provisions of this contract,
the City shall thereupon have theright to terminate this contract by giving written notice to the
Consultant of such termination and specifying the effective date thereof, at least five (5) days before
the effective day of such termination. Either party may, with or without cause, terminate this con-
tract upon 30 days prior written notice. Notwithstanding the above, the Consultant shall not be
relieved of liability to the City for damages sustained by the City by virtue of any such breach of the
contract by the Consultant.
7. Assignment. The Consultant shall not assign any interest in this contract, and shall not
transfer any interest in the same, without prior written consent of the City thereto. None of the
authority or responsibilities of this agreement may be transferredto another party.
8. Confidentiality. Any reports, data, or similar information given to or prepared or as-
sembled by the Consultant under this contract which the City requests to be kept as confidential
shall not be made available to any individualor organization by the Consultant without prior written
approval of the City.
9. Interest. Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the performance of
services to be performed under this contract. The Consultant further covenants that in the perfor-
mance of this contract no person having such interest shall be employed.
10. Discrimination. The Consultant agrees in the performance of this contract not to dis-
criminate on the ground or because of race, color, creed, religion, national origin, sex, marital status,
status with regard to public assistance, disability, sexual orientation, or age, against any employee of
Consultant or applicant for employment, and shall include a similar provision in all subcontracts let
or awarded hereunder.
11. Independent Contractor. The Consultant is an independent contractor and nothing con-
tained herein shall constitute or designate the Consultant or any of Consultant's agents or employees
as agents or employees of the City of Shakopee, Minnesota.
12. City Benefits. The Consultant shall not be entitled to any of the benefits established for
the employees of the City nor be covered by the Worker's Compensation Program of the City.
13. Liability and Indemnity. The parties mutually agree to the following:
a.In no event shall the City be liable to the Consultant for special, indirect, or consequential
damages, except those caused by the City's gross negligence or willful or wanton misconduct.
b.The Consultant shall defend, indemnify, and hold the City harmless from and against all
claims, losses, and liabilities arising out of personal injuries, including death, and damage to
property, which are caused by the Consultant arising out of or in any way connected with this
contract. Consultant further agrees to defend, indemnify, and hold the City harmless from and
against any claims, losses and liabilities arising out of the award of this contract to the Consultant.
14. Notices. All notices required or permitted herein under and required to be in writing
may be given by first class mail addressed to City and Consultant at the address shown above. The
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date of delivery of any notice shall be the date falling on the second full day after the day of its
mailing.
15. Jurisdiction. This contract and every question arising hereunder shall be construed or
determined according to the laws of the State of Minnesota.
Executed this 21stday of June, 2016.
CONSULTANT CITY OF SHAKOPEE, MINNESOTA
By _________________________ By ____________________________
Terry Krominga Mayor
By ____________________________
City Administrator
Prepared By:
City of Shakopee
129 S. Holmes St.
Shakopee, MN 55379
H:\\Comdev\\CC\\6-21-16\\electriccontract
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EXHIBIT A
Description: The Electrical Inspector shall enforce the Minnesota Electrical Act, the Rules
and Regulations of the State Board of Electricity there under, and the ordinances of the City of
Shakopee pertaining to the licensing of electricians and electrical installations. All requested
inspections shall be made within the City limits.
Compensation: The rate of compensation shall be 80 percent of the electrical inspection
fees collected by the City of Shakopee. The City shall remit this amount upon proper accounting
for fees, on a bi-weekly basis.
Security: The Electrical Inspector shall provide the City with an electrical inspector's bond
in the amount of $1000, payable to the City of Shakopee, in case of default. The bond shall be in
effect until at least December 31, 2018.
Insurance: The Inspector shall supply the City with a verification of automobile liability
insurance on an acceptable form (e.g. Form 1927) showing insurance in amounts of not less than
$100,000 for any one person, $300,000 for any one accident for personal injury, and $10,000 for
property damage.
Rules for Work: The Electrical Inspector shall comply with the following rules:
1.Report to the Building Official's office when called upon.
2.Supply a monthly report of inspections completed.
3.Deposit with the City any inspection fees received in the field.
4.Have a Journeyman or Master electrician's license in force at all times.
Responsibility: The City is placing trust and authority upon the Electrical Inspector as an
independent contractor qualified and certified as such to make electrical inspections on behalf of the
City of Shakopee.
ORDINANCE NO. 933
AN ORDINANCE OF THE CITY OF SHAKOPEE AMENDING
CHAPTER 151.185 - 151.200 OF THE CITY CODE
RELATING TO SIGNS
______________________________________________________________________________
WHEREAS
, The City of Shakopee has proposed amendments to Sections 151.185-
151.200(Signs); and
WHEREAS
, notices were duly sent and posted, and a public hearing was held before the
Planning Commission on June 9, 2016 at which time all persons present were given an
opportunity to be heard; and
WHEREAS
, the Planning Commission recommended that the City Code sections
previously listed, be amended to correct errors and maintain consistency between districts of the
sign code; and
WHEREAS
, the City Council heard the matter at its meeting on June 21, 2016; and
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
Section 1. Section 151.197 of the Shakopee City Code are amended as shown in the attached
table. Language which is underlined shall be added. Language which is struckthrough shall be
deleted.:
See attached table
1
Section 2. Section 151.190 (Location of Signs) Subd. G.(Directional Signs) of the Shakopee City
Code are amended to read as follows. Language which is underlined shall be added. Language
which is struckthrough shall be deleted:
Directional signs. Permanent directional signs are permitted according to the following:
1.One directional sign per separately owned tract of land driveway entrance/exit;
2.Shall bear no advertising have at least 50% of the copy area related to directional
message;
3.Eight square feet maximum;
4.Three Four feet maximum height; and
5.Major commercial recreation facilities and business complexes shall be allowed 1
directional sign for each driveway intersecting with a public or private street or
shared access area.
Section 3. Section 151.194 (Additional Residential Zone Regulations) Subd. F. (Public
Information Signs), of the Shakopee City Code are amended to read as follows:
Public information signs shall be permitted subject to the following provisions:
1.Such signs are permitted only in conjunction with the following uses: public
buildings; public or private schools; churches and other places of worship; and
public recreational facilities;
2.The sign shall be setback a minimum of 10 feet from any right-of-way line, and
shall be located outside any sign triangle as determined by the City Engineer;
3.The sign shall not exceed 8 feet in height;
4.The sign shall not exceed 1 sign per entrance to the structure, up to a maximum of 2
signs per structure;
5.The sign shall not exceed 30 square feet in area; and
6.The message on the sign may change periodically, but shall not change any more
frequently than once per 30 8 seconds.
Section 4. The City Council adopts the following findings of fact relating to the request to modify
.
Criteria #1 That the original zoning ordinance is in error;
Finding #1 The original ordinance was recently adopted, the changes proposed correct errors,
improve consistency, or better represent the original intent.
Criteria #2 That significant changes in community goals and policies have taken place;
Finding #2 There have not been significant changes in community goals and policies.
Criteria #3 That significant changes in City-wide or neighborhood development patterns have
occurred;
Finding #3 There has been no evidence presented that either city-wide or neighborhood
development patterns have changed. The proposed text amendment does not alter
the character of development.
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Criteria #4 That the Comprehensive Plan requires a different provision;
Finding #4 The Comprehensive Plan does not require a different provision.
Section 5. Effective Date. This ordinance shall be in effect from and after the date of its passage
and publication.
Adopted in ___________ session of the City Council of the City of Shakopee, Minnesota held this
______ day of ____________, 2016.
_____________________________
William Mars, Mayor
ATTEST:
__________________________
Lori Hensen, City Clerk
Published in the Shakopee Valley News on the _____ day of _____________, 2016.
3
5% of the wall area where the sign is
May not be roof mounted or extend
Twelve (12) feet from grade at the
above the roof line of the structure
One (1) sign per street frontage, M
(E) Office and Business Park(F) Light and Heavy Industrial
sq. ft. per sign face125 square feet per sign face125 square feet per sign face
proposed location
Up to fifty (50) percent of available window areaNot permittedNot permittedNot permitted
Not permittedNot permitted
to be located
Lighting (a)E/IE/IE/IE/IE/IE/IE/IE/IE/IE/IE/I
PROJECTINGNot permittedNot permittedNot permittedNot permittedNot permitted
Twelve (12) feet from grade at
5% of the wall area where the
extend above the roof line of
May not be roof mounted or
One (1) sign per street
sign is to be located
the proposed locattion
the structure
frontage, M
building walls on which wall signs are permitted.
sq. ft for
freestanding or wall signs, size and number
500 NITS from sunset to sunrise; 7500 NITS
of one sign per parcel;
120 sq. ft or 10% of the wall area
proposed location; may be varied through
where the sign is to be located, whichever May not be roof mounted or extend above , M or POne (1) sign per street frontage,, M or POne (1) sign per facility or street frontage,
the Sign Adjustment process specified in
Forty-five (45) feet from the grade at the
120 sq. ft per sign face, applies to signs
approval (e.g. ValleyFair, Canterbury Park
may varied by PUD or sign adjustment
Freestanding HeightSame as for other freestanding signsSame as for other freestanding signsSame as for other freestanding signs
intended to be viewed from public
Frequency of ChangeOnce every eight (8) secondsOnce every eight (8) secondsOnce every eight (8) seconds
Wall HeightSame as for other wall signsSame as for other wall signsSame as for other wall signs
the roof line of the structure
32
from sunrise to sunset
may use up to the permitted 240
(B) Traditional Commercial Corridor(C) Contemporary Commercial(D) Major Recreation
(a) E = external, I = internal (which includes channel lit and neon), B = backlit illumination is not permitted
is greater
the text
roadways
M or P
E/I
125
Maximum
Maximum AreaUp to 125sq. ft per sign faceUp to 125 sq. ft. per sign faceUp to 240
(c) Single pole support only. *This is an major change from the current standard which ties sign area to linear feet of
Up to 240
Minimum(b) M = monument, P = pole, O = temporary off-premise sign
One, thirty-two (32) square feet sign per parcel
Thirty (30) feet from the grade at the proposed
May not be roof mounted or extend above the
Up to 120 sq. ft or 10% of the wall area where
the sign is to be located, whichever is greater
500 NITS from sunset to sunrise; 7500 NITS
(32 square feet per side for double-faced sign
location; may be varied through the Sign
Adjustment process specified in the text
ts)
ALPHA.NUMERIC MONOCHROME and ELECTRONIC MESSAGE CENTER SIGNS (See Code Sec. 11.70. Subd. 5. A. and B. for additional requiremen
roof line of the structure
from sunrise to sunset
WINDOW
Maximum AreaNot permittedOne, thirty-two (32) square feet sign per
Up to 120 sq. ft or 10% of the wall area
Maximum Brightness500 NITS from sunset to sunrise; 7500
Allowable HeightThirty (30) feet from the grade at the
May not be roof mounted or extend
Up to fifty (50) percent of available
parcel (32 square feet per side for
above the roof line of the structure
where the sign is to be located,
NITS from sunrise to sunset
Type Not permittedOne (1) sign per street frontage
whichever is greater
proposed location
double-faced sign
window area
Maximum Area*Up to 80 sq. ft or 10% of the wall area
Building face, or 24 inches from the
Max HeightMay not be roof mounted or extend
Up to fifty (50) percent of available
Maximum AreaTwenty-four (24) sq. ft. per sign face
Max Height/ProjectionNo more than 60 inches from the
above the roof line of the structure
back of the curb, whichever is less
where the sign is to be located,
(A) Traditional Town Center
whichever is greater
window area
Lighting (a)E/I
TABLE 1: SIGN STANDARDS
Maximum coverage
FREESTANDING
Sign Type
Lighting (a)
WALL
area
ORDINANCE NO. 934
AN ORDINANCE OF THE CITY OF SHAKOPEE AMENDING
VARIOUS SECTIONS IN CHAPTERS 151 AND 90 OF THE CITY CODE
RELATING TO RESTAURANTS AND TAVERNS AND OBSTRUCTIONS IN THE
CITY RIGHT-OF-WAY
______________________________________________________________________________
WHEREAS
, The City of Shakopee has proposed amendments to Sections 151.013
(Conditional Use Permit Standards in Business Zones) and 90.08 (Obstructions in the ROW),
regarding Restaurants and use of the public ROW; and
WHEREAS
, notices were duly sent and posted, and a public hearing was held before the
Planning Commission on June 9, 2016 at which time all persons present were given an
opportunity to be heard; and
WHEREAS
, the Planning Commission recommended that the City Code sections
previously listed, be amended to remove standard Conditional Use Permit conditions and the
authority to issue permits for use of the Right-of-way; and
WHEREAS
, the Planning Commission recommended that the City Code sections
previously listed, be amended to remove language pertaining to access of a patio or exterior
congregation areas and the minimum width of a walkway in the public ROW; and
WHEREAS
, the City Council heard the matter at its meeting on June 21, 2016; and
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
Section 1. Section 151.013, (Conditional Use Permit Standards in Business Zones of the
Shakopee City Code) Subd. 34 D. and, Section 151.013, Subd. 34 E (Class I and Class II
Restaurants) are amended to read as follows:
A.
regulations;
B.Any lights on the patios and congregation areas are subject to the
regulations pertaining to illumination standards at the property
line;
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C.Exterior congregation areas which serve alcohol shall physically
delineate the exterior area which alcohol is to be served. This
delineation shall clearly define the space, with a clear access and exit;
D.The entry to the outdoor patio or congregation areas is to be compact
and contiguous with the structure. All patio and congregation areas
access shall not allow direct outside entry; and
E.Exterior congregation areas that utilize pedestrian areas, such as a
public or private sidewalk or walkway, shall maintain a clear 5 4 foot
path for pedestrian walkway. Alleys shall not be considered pedestrian
thoroughfares.
Section 2. Section 151.013 Subd, 40. D. and Section 151.013 Subd, 40. E. (Taverns) Conditional
Use Permit Standards in Business Zones of the Shakopee City Code are amended to read as
follows:
A.
regulations;
B.Any lights on the patios and congregation areas are subject to the
line;
C.Exterior congregation areas which serve alcohol shall physically
delineate the exterior area which alcohol is to be served. This
delineation shall clearly define the space, with a clear access and exit;
D.The entry to the outdoor patio or congregation areas is to be compact
and contiguous with the structure. All patio and congregation areas
access shall not allow direct outside entry; and
E.Exterior congregation areas that utilize pedestrian areas, such as a
public or private sidewalk or walkway, shall maintain a clear 5 4 foot
path for pedestrian walkway. Alleys shall not be considered pedestrian
thoroughfares.
Section 3. Section 90.08 Subd. A. Obstructions, Fire, Dumping, Signs, and other Structures in the
Right- of- Way, of the Shakopee City Code are amended to read as follows:
(A) Obstructions. It is unlawful for any person to place, deposit, display, or
offer for sale, any fence, goods, or other obstructions upon, over, across,
or under any street or other public property without first having obtained a
written permit from the City Engineer Administrator or their designee, and
then only in compliance in all respects with the terms and conditions of
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such permit, and taking precautionary measures for the protection of the
public. An electrical cord or device of any kind is hereby included, but not
by way of limitation within the definition of an obstruction.
Section 4. The City Council adopts the following findings of fact relating to the request to modify
regarding permitting goods produced off-site to be
sold by the home occupation permit holder.
Criteria #1 That the original zoning ordinance is in error;
Finding #1 The original ordinance was recently adopted, the changes proposed allow for
greater flexibility. These changes are a result of practical use of the new code
language as it is utilized.
Criteria #2 That significant changes in community goals and policies have taken place;
Finding #2 There have not been significant changes in community goals and policies.
However greater interest in the redevelopment of the downtown area has become
an established community goal.
Criteria #3 That significant changes in City-wide or neighborhood development patterns
have occurred;
Finding #3 There has been no evidence presented that either city-wide or neighborhood
development patterns have changed. The proposed text amendment does not alter
the character of development.
Criteria #4 That the Comprehensive Plan requires a different provision;
Finding #4 The Comprehensive Plan does not require a different provision.
Section 5. Effective Date. This ordinance shall be in effect from and after the date of its passage
and publication.
Adopted in ___________ session of the City Council of the City of Shakopee, Minnesota held this
______ day of ____________, 2016.
_____________________________
William Mars, Mayor
ATTEST:
__________________________
Lori Hensen, City Clerk
Published in the Shakopee Valley News on the _____ day of _____________, 2016.
3
Declaration of Property - June 21, 2016
Case #Item(s)BrandModelColorColumn1
12008071Radiator Car kitAstroN/ARed
16003351Blue BackpackSwiss GearN/ABlue
16003653Black bagHerter'sN/ABlack
15019704PurseN/AN/ABlack
16003663RingN/AN/ASilver
16005313IPodAppleNanoSilver
16005313Men's ringN/AEagle on faceGold
15018742IPhoneAppleN/ABlack
120110382 - Fishing equip. bagsFlambeauN/ARed/Black bag
120152502 backpacksMichael Jordon/EmbarkBlack & Red
12001744DVD playerPhilipsN/ASilver
12018587BackpackN/AN/ABlack
12004947Sunglass caseCoachN/AGold
12018587Camo hand warmerN/AN/ACamo
12013575LaptopAcerMS2180
LXAA6050716060C100KS00
12013575Computer towerCooler MasterSTC-T01-UWC04081800456
12013575Hydraulic JackLarinN/ARed
12013573Golf ClubsRlimar17 clubsYel/Blk
12013573Bin w/drillSkilN/AN/A
15019769Leaf BlowerECHOPB-770TOrange
16002902WagonRadio FlyerPlasticRed
16005269Stand MixerKitchen AidN/ARedW60573083
Jack HammerMikasaMR-40SFZ-1582
5 pairs of shoesVans & Adidas N/AN/A
5 Go-ProsGo-ProHero 4 /HeroSilver
IPad miniSlim BookMini 2/3Silver
USB cablesTough TestedN/AOrange
Cell phoneMax westVirtue Z5Black
13010929Pressure WasherHomelite2500 PSIRed
ComputerDellBlack#1P117G1
Skill SawRyobi5 1/2"Blue
Pole SawStihlN/AOrange
Floor JackN/AN/ARed
Shop VicN/A
Mechanic SetBlue/Balk
18V Cordless drillBlack & DeckerN/AOrange
Work lightWork zoneLEDN/A
Bit SetHuskyN/ABlack
Socket SetDo It BestN/ABlack
Drill BitsRyobiN/ABlue
Mechanic Tool setCraftsman55 piece setRed
Welders MaskTekzN/ARed
Air ToolsN/AN/AN/A
Tools inside blue coolerN/AN/AN/A
Various ToolsDurabilt caseN/AN/A
ComputerDellN/AN/A
PrinterDellN/AN/A
Various ToolsN/AIn blue toteN/A
Nuts and Bolts PlanoN/ARed
Storage lockerN/AScott on frontBlue
2 - Motors on standsN/AN/AGreen
Floor CreeperNapaN/ARed
Jumper CablesN/AN/ABlack
Various ToolsN/AIn tan toteN/A
12002438Men's WatchCallawayN/ASilver
Woman's WatchMenoraN/ASilver
Portable LCD MonitorN/A7" monitorN/A
Cell PhoneT-MobileU7519N/AOG7NAC19A2900719
Video CameraPolaroidDVF-720N/A
2 Sunglasses w/caseN/AN/AN/A
12006020Cell PhoneSamsungOmniaN/AA00000145929AD
12009327Woman's silver ring3 stonesCostume Jewelry N/A
130128999 Fishing rodsN/AIn black bagN/A
Fishing Tackle BoxN/AN/ACamo
IPod NanoAppleN/ASilver7K739L7ZY0P
Task Force7 Remington shotgun stocksKnoxx870Black
Task Force7 Surefire Forend lightSurefireN/ABlack
12015250GPS
Pioneer stero face platePioneerN/ABlack
12018587Tennis shoesNikeAir JordansWhite/Red
15016770Dart boardFireball WhiskeyN/ABlack/Red
BIKES
15017557Boys street bikeRalighMDXBlu/SilverN/A
15017751Women's bikeNextPX4BlackLWCND17340
16000035Boys street bikeNextWipeoutBlu/blk8108-41WA
16002026Mountain bikeHyper26 InspireWhite/greenDMG12L112055
16002163Boys street bikeThrusterRageGrey/Blu61104055914
16002909Boys street bikeNextPower ClimberBlu/SilverDTCCE038788
16003026Boys street bikeChoasFS20GreenG1212117619
Men's mountain bikeFilaN/ABlueN/A
16004037Boys street bikeMagnaRipclawSilver/yel.DJHD153526
16005687Boys street bikeGrand PeaksRoadmasterBlackN/A
16006245CruiserLajoliaN/ABlackG5120333857
16006767Mountain bikeVertical21 speedSilver03TD7114864
16007071Mountain bikeDiamond BackN/ABlueF5053156
16007115Mountain bikeDiamond BackN/ABlueC010420
Mountain bikeHuffyExtreme TrackGreen467579C59713H1158
15010045Mountain bikeDynacraft8567-50Blue59390136
15007624Boys street bikeSchwinnFlightBlue/greyACA03H092318
OG7NAC19A2900719
467579C59713H1158
Agreement for Fire Services
is entered into this ______ day of_______ by and between the
This Agreementfor Fire Services
aMinnesota public corporationin Scott County, Minnesota, hereafter
Jackson Township,
referred to as “Township” and the , a Minnesota municipal corporation located
City of Shakopee
in Scott County, Minnesota, hereafter referred to as the “City”,
Recitals
WHEREAS, the Township is authorized by law to provide fire protection for all of the
property in the said Township, and
WHEREAS, the City owns fire apparatus and equipment generally consistent with
nationally recognized standards and employs firefighters trained for the purpose of
providing fire suppression and rescue services, and
WHEREAS, the Township deems it advisable to have available for the benefit of its
residents the services of the Shakopee Fire Department, of said City, and
WHEREAS, the City may authorize its Fire Department to provide fire protection services to
the Township.
Now, therefore, in consideration of their mutual covenants the parties do agree to the following:
During the term of this agreement the City agrees to provide to the
1.Services provided –
Township the Fire Services (“Services”) as indicated in Exhibit Aattached hereto.
The City will endeavor to provide the Services to the best of its ability given the
circumstances, but the city makes no guarantees that the Services it actually provides in
a given situation will meet any particular criteria standards.
The failure by theCity tofurnish the Servicesbecause of weather, road condition, acts of
God, mechanical defects in equipment, or the unavailability of such apparatus and
equipment due to response to other calls or decisions regarding the appropriate
allocation of resources shall notconstitutea breach of this Agreement.
The parties understand that the Fire Department’s officer in charge of the particular
scene shall exercise judgment to determine, how best to allocate the available
resources of the Fire department under the circumstances of a given situation.
In the case that the City receives multiple emergency calls for Service within the same
time period, the officer in charge shall have the authority to determine how best to
allocate resources between the competingcalls. The decision of the Fire Chief or Fire
officer in charge shall be final in such matters.
The City willhouse, operate and maintain in good order and replace as needed its fire
apparatus and equipment as it may consider necessary and suitable to provide the
Servicesto the Township.
The City and Township will meet as neededto review the Services the City provides to
the Townshipandtoprovide the Township with budget documents outlining the
budgeted and actual expenses of the Fire Department and results of the City’s annual
audit if requested as it pertains to the Fire Department.
2016-2021 JacksonTownship
This agreement shall be for an initialterm offive (5) years, commencing on
2.Term –
January 1, 2016and terminatingon December 31, 2021. This Agreement shall
automatically renew for subsequent five year terms, unless either party serves written
notice upon the other, delivered to the respective Clerk, on or before December 31,of
the calendar year that is at least two years prior to the end of the term.
The City provides Fire Services to the City, Townshipand Jackson
3.Shakopee Fire District –
Township. This area is known as the “Shakopee Fire District.” The City reserves the right, at
its sole discretion, to add or subtract from the area of the Shakopee Fire District through
mutual agreements with other local government or community entities, as authorized by
law. The addition or subtraction of other jurisdictions from the Shakopee Fire District shall
in no way alter or nullify the Agreement between the Township and the City.
The City’scosts of operating the Fire Department shall be
4.Payment Calculation Method –
shared equitably between the City, the Township and any other jurisdiction in the
Shakopee Fire District. TheTownship shall pay a percentage of the City’s cost of
operating the City’s FireDepartment, as set forth below
The City’s Fire Department Annual Fire Budget
Less Fire State Aid –received annually(pass through payment to Fire Relief
Association)
The Township shall pay a percentage of the City’s cost, determined as follows:
Market Value ofall taxableand non-taxableproperty inLouisville Township (provided by
Scott County)
This value is divided by the total market value of all taxableand non-taxableproperty in
the City, Township, and any other jurisdiction in the Shakopee Fire District.
This Percentile will be applied to the costs as defined under 4, as follows:
Township market valuepercentage X City’sfire department budget = annualpayment
(“Annual Payment”)
On or beforethe first day of November 1of each year, the City shall notify
5.Payment –
st
the Township of the proposed cost of fire services as detailed herein for the following
year.
The final amount shall be based upon the actual budget adopted by the Shakopee City
Council for each year of the agreement period. The City shall invoice and the Township
shall pay the bill in two equal semi-annual installmentsdue on the first day ofApriland
the first day of October. Payments shall be based upon the formula as set forth in
paragraph 4.
After the completionof the City’s Annual Financial Report, the
Annual Reconciliation –
Finance Director of the City of Shakopee will determine the actual cost to the City to
deliver fire service to the Township, based on the data defined in the annual audit. If the
actual cost of the department is a difference of more or less than 10 % of the amount
paid by the Township, the Township will receive a corresponding adjustment (for the
amount more or less of the 10 % factor.) This amount will then be applied to the first
payment of the following year. For example, if the annual costto provide service
exceeds the amount paid by the Township in the prior year, an upward adjustment will
be applied to the first payment due in the upcoming year.
2016-2021 JacksonTownship
If this Agreement is not renewed by either party or terminated at the end of a calendar
year within a Renewal Term the adjustment for actual costs described in the above
paragraph, will be addressed as follows:
(1) If the actual costs in the preceding calendar year reflect an overpayment by the
Township, the City shall disburse to the Township the amount overpaid, based on the
formula and provisions described in the aboveparagraphs, the City shall pay the
overpaid amount on or before April of the following year that the agreement was not
renewed.
(2) If the actual costs in the preceding calendar year exceed the amount paid by the
Township to the City based on the formula and provisions described in the above
paragraphs, the City shall invoice the Township and the Township shall pay the City the
amount of the underpayment by April of the following year that the agreement was not
renewed.
The City agrees, to the fullest extent permitted by law to indemnify and
6.Indemnification–
hold the Township harmless from any damage, liability or cost (including reasonable
attorneys’ fees and cost of defense) to the extent caused by the City’s negligent acts,
errors or omissions in the performance of services under this Agreement and those of its
contractors, subcontractors, consultants or agents and arising from the provision of
services under this Agreement.
The Township agrees, to the fullest extent permitted by law to indemnify and hold the
City harmless from any damage, liability or cost (including reasonable attorneys’ fees
and cost of defense) to the extent caused by the Township’s negligent acts, errors or
omissions in the performance of services under this Agreement and those of its
contractors, subcontractors, consultants or agents and arising from the provision of
services under this Agreement.
The City is not obligated to indemnify the Township in any manner whatsoever for the
Township’s own negligence.
Under no circumstances, however, shall either the City or the Township be required to
pay on behalf of itself and other parties, any amounts in excess of the limits on liability
established by Minn. Stat. Ch.466.
The Township agrees it has no interest in the City’s Fire
7.City Equipment and Insurance –
Department or its equipment as a result of the payment the Township makes pursuant to
this Agreement.
The City will make no claim against the Township for damage to City propertyand
equipmentwhile City is providing fire services to the Township. The City will carry workers
compensation and liability insurance against claims by its firefighters for personal injuries
sustained while providing services in the Township pursuant to this Agreement; and further
will carry liability insurance saving both parties harmless so far as negligent acts of the
firefighters in the employ of said City are concerned.
It is understood and agreed that the Township shall have
8.Employment Responsibilities –
no responsibility whatsoever toward the operation, management and control of the
emergency personnel including any employment related responsibilities such as training,
supervision, performance reviews, discipline, compensation, benefits, insurance
coverages, compliance with any employment related federal, state and local laws and
rules such as OSHA, ERISA, RLSA, FMLA, or any other employment related responsibilities
2016-2021 JacksonTownship
or liabilities. It is further agreed that except for paying the agreed upon Annual Payment
Amount as set out in this Agreement, the City’s Fire Department, shall be at all times
under the charge and direction of the City’s Fire Chief or the Chief’s duly authorized
agent.
The Township, in its sole discretion, may exercise its authority
9.Emergency Service Charge –
to impose and collect an emergency service charge on those person and properties
receiving emergency services, including fire services, within the Township. The City shall
have noright to, or interest in, any service fees collected by the Township. If the Township
imposes an emergency service charge it shall provide the City a list of the specific types
of information it determines it needs collected in order to successfully impose and collect
charge. City shall make a good faith effort to collect the requested information for each
service call to the Township and promptly provide the Township with the information it
collected.
Nothing herein shall be construed to waive or limit any immunity from, or
10.No Waiver –
limitation on, liability available to either party, whether set forth in Minnesota Statutes
Chapter 466 or otherwise.
This writing contains the entire agreement between the parties and no
11.Modification –
alterations, variations, modifications, or waivers of the provisions of this Agreement are
valid unless reduced to writing, signed by both City and Township.
City shall not subcontract or assign any portion of this
12.Subcontracting & Assignment –
contract to another without prior written permission from the Township. Services provided
to Township pursuant of a mutual aid AgreementCity has, or may enter into, with
another entity does not constitute a subcontract or assignment requiring prior approval
of Township so long as City remains primarily responsible for providing fire services to the
Township.
This Agreement shall be governed by and construed in
13.Minnesota Law Governs –
accordance with the internal laws of the State of Minnesota. All proceedings related to
this Agreement shall be venued in Scott County in the State of Minnesota.
The provisions of this Agreement shall be deemed severable. If any part of
14.Severability –
this Agreement isrendered void, invalid, or otherwise unenforceable, such rendering shall
not affect the validity and enforceability of the remainder of this Agreement.
This Agreement may be amended at any time by the mutual consent of
15.Amendment –
the parties. Any such amendment shall be in writing and will be an amendment to this
Agreement.
This Agreement shall not constitute a joint venture between the parties.
16.Joint Venture –
2016-2021 JacksonTownship
the parties have caused this instrument to be executed by respective
IN WITNESS WHEREOF,
offices thereof and the respective seals to be affixed hereto.
JACKSONTOWNSHIP
Dated ____________________
BY________________________________
Chair
(SEAL)
BY ________________________________
Clerk
CITY OF SHAKOPEE
Dated ______________________
BY _________________________________
Its Mayor
(SEAL)
BY _________________________________
Its City Administrator
ATTEST _______________________________
Its City Clerk
2016-2021 JacksonTownship
EXHIBIT A
Fire Services Provided
Fire Services. Townshipagrees to purchase from City, and City agrees to provide Township, the
following fire-related services:
Structural FirefightingEmergency Medical Services
External Structural FirefightingGeneral Medicals
Interior StructuralFirefighting First Responder
Other Non-Structural FirefightingEmergency Medical Technician
Grass/Forest FirefightingFire Code Enforcement
General FirefightingHazardous Materials Response
Vehicles & EquipmentFirst Responder, Awareness
Carbon Monoxide CallsFirst Responder, Operations
HAZMAT Technician
Rescue
Vehicle & Equipment ExtricationDisaster Response
General Search & Rescue
Confined Space Rescue
High Level Rescue
Water Rescue
2016-2021 JacksonTownship
RESOLUTION No. 7740
A RESOLUTION ADOPTING THE FIRE SERVICE AGREEMENT
FOR JACKSON TOWNSHIP
WHEREAS, on June 21, 2016, the City Council of the City of Shakopee,
Minnesota, adopted Resolution No. 7740, a resolution adopting the fire service agreement with
Jackson Township.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA, that the fire service agreement adopted by Resolution No.7740 is
hereby adopted effective January 1, 2016.
Adopted in regular session of the City Council of the City of Shakopee,
st
Minnesota, held this 21day of June, 2016.
______________________________
Mayor of the City of Shakopee
ATTEST:
______________________________
City
RESOLUTION NO. 7736
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA
ACCEPTING A $5,000 SPONSERSHIP FROM SHAKOPEE PUBLIC UTILITIES
FOR THE 2016 CITY TREE SALE
th
WHEREAS, 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, the tree sale sponsorship of $5,000 from Shakopee Public
Utilities greatly reduced the cost per tree for our residents, encouraging more trees
to be bought and planted within our community; evermore important in preparing
for the upcoming loss of tree canopy due to emerald ash borer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA, that the sponsorship is gratefully accepted;
and
BE IT FURTHER RESOLVED, 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 day of , 2016.
______________________________
William Mars
Mayor of the City of Shakopee
ATTEST:
___________________________________
City Clerk
RESOLUTION NO. 7737
A Resolution Requesting aVariance from State-Aid Rule 8820.2800
Subpart 2A
Project No. S.A.P. 166-108-005
WHEREAS,
on December 15, 2015the City of Shakopee adopted Resolution No. 7661, a
resolution receiving a Preliminary Engineering report prepared to State Aid standards for this
th
project by their consultant WSB & Associates, Inc.and calledfor a public hearing on the 4
Avenue & Shenandoah Drive Improvements Project 2015-7; and,
WHEREAS,
the City of Shakopee with its consultant has designed this project with the
th
assumption of applying for municipal state funds and is reconstructing the streets of 4Avenue
th
from Shenandoah Drive to CSAH 83; and Shenandoah Drive from 4Avenue to CSAH 101; and,
WHEREAS
, the plans were signed by the Consultant and the City of Shakopee and had
addressed all the State Aid comments and the plans were ready prior to the bid opening date of
April 12, 2016; and,
WHEREAS
, the County had revisions to the area outside of the State Aid project area and
due to revisions and changes, the plans were not signed by the County Engineer until May 5, 2016
and then the State Aid Engineer signatures were then signed May 6, 2016; and
WHEREAS,
State Aid Rule 8820.2800 subpart 2 states “only projects for which final plans
are approved by the state-aid engineer before opening bids or approving a force account agreement
are eligible for state-aid construction funds.”
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA,
that theCity of Shakopee herby requests a variance from State
Aid Rule 8820.2800, Subpart 2A to allow State Aid funding to be applied to this project that was
advertised and awarded prior to State Aid approval.
BE IT FURTHER RESOLVED,
that the City Council of the City of Shakopee hereby
indemnifies, saves and holds harmless the State of Minnesota and its agents and employees of and
from claims, demands, actions or causes of action arising out of or by reason of awarding the
contract prior to receipt of State Aid approval in accordance with Minnesota Rules 8820.2800 and
further agrees to defend at their sole cost and expense any action or proceeding commenced for the
purpose of asserting any claim arising as a result of the granting of this variance.
Adopted in _________ session of the City Council of the City of Shakopee, Minnesota,
held this _________ day of _____________, 2016.
__________________________________________
Mayor of the City of Shakopee
ATTEST:
__________________________
City Clerk
ENGR/2016-PROJECT/4THAVENUE/RES7737REQUESTINGAVARIANCE
RESOLUTION NO. 7735
A RESOLUTION ACCEPTING THE WORK OF G. URBAN COMPANIES, LLC. ONTHE
TAHPAH FIELD IMPROVMENT PROJECTNO. PR 2015-1
WHEREAS, pursuant to a written contract, signed with the City of Shakopee on August
21, 2015, G. Urban Companies, LLC.has satisfactorily completed the Tahpah Field
Improvement to fields 6 and 7 in accordance with such contract.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA
that the work completed under said contract is hereby accepted and
approved; and
BE IT FURTHER RESOLVED
, that the City Finance Director/City Clerk and Mayor are
hereby directed to issue a proper order for the final payment on such contract in the amount of
$7316.00, taking the contractor’s receipt in full; and
BE IT FURTHER RESOLVED,
thatG. Urban Companies, LLC.has provided the City
with a one year performance and payment bondfor 100% of the contract price.
st
Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 21
day of June, 2016.
__________________________________
Mayor of the City of Shakopee
ATTEST:
___________________________
RESOLUTION NO.7743
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA
ACCEPTING THE DONATIONOF A DISC GOLF PRACTICE BASKET.
WHEREAS, on November 6, 2002, the City Council adopted Resolution
No. 5794, which established procedure relating to the receipt of gifts and
donations by the City;and
WHEREAS, Resolution No.5794specifies that donations or gifts shall be
accepted by resolution of the City Council, and shall require a two-thirds majority
of the Council for acceptance;and
WHEREAS, friends of a Shakopeeresident and avid disc golf player who
passed away from cancerwould like to donate a practice disc golf basket in his
honor; and
WHEREAS, the City allows and acceptsmemorial donations within the
parks.
WHEREAS, such donationswillprovide a practice area for local disc golf
players.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SHAKOPEE, MINNESOTA, that thedonation isgratefully
accepted; and
FURTHER, the City staff is directed to send a letter to the donors,
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,
st
Minnesotaheld this21day of June, 2016.
______________________________
William Mars
Mayor of the City of Shakopee
ATTEST:
___________________________________
City Clerk
Jamie Polley
Shakopee Parks & Recreation Director
1255 Fuller St. S.
Shakopee, MN 55379
952-233-9500
jpolley@ShakopeeMN.gov
Lions Park Project Proposal
Disc Golf Basket & Memorial Stone Donation
INTRODUCTION
th
On August 11 of last year, the Lions Park disc golf community lost a close friend to cancer.
Ben Rivers was a Shakopee resident and could be found playing the course at Lions Park on
most days. He took pride in taking care of the course, cleaning up garbage, providing discs to
younger players and teaching them about the game he loved so much.
nd
Ben’s friends and family gathered at Lions Park on August 22 to hold a memorial event and to
raise money for a course improvement project. We were able to raise over $1,000 from disc golf
related auction items, raffles, and generous donations. After discussing ideas for course
improvement projects, it was decided that a practice basket and memorial stone would be a good
way to commemorate Ben’s life and love for disc golf and Lions Park.
I. DONATION INFORMATION
Through the money raised from the Ben Rivers memorial event, we are asking to donate a
practice basket and memorial stone to Lions Park. The disc golf basket costs about $450 and will
be purchased through a local disc golf retailer, Gotta Go Gotta Throw. The remaining funds will
be used to purchase the memorial stone with the following inscription:
In Memory of Ben Rivers
October 7, 1977-August 11, 2015
Lions Park Course Pro
If any additional funds are left after the disc golf basket and memorial stone, they will be donated
to the American Cancer Society per the request of Ben’s family.
II. PARK BENEFITS
Added amenity for all park users (disc golfers, picnickers, pool patrons, etc)
Keeps users safe instead of practicing on the course while others are playing
Basket can be utilized as a teaching area for new players and youth groups
Low maintenance park improvement
III. LOCATION
There are a few locations that would be preferred for a practice basket at Lions Park. It is
important to keep safety, other park users/amenities, and distance to the first hole in mind when
selecting where to place the practice basket. Please see the map below with our preferred
locations marked as 1-3.
IV. INSTALLATION VOLUNTEERS AND EVENTS
I have reached out to the Shakopee disc golf community and have heard from a number of
people willing to volunteer with installation of the basket and memorial stone. There is an idea
for an unveiling event after installation with fundraising and donations going to the American
Cancer Society.
We are also planning to have another Ben Rivers Memorial Tournament in August with food,
prizes, and fundraisers for additional course improvements or charitable donations.
---------------------------------------------------------------------------------------------------------------------
Thank you to Jamie and the Parks and Recreation Advisory Board for your time and
consideration of this project. Please feel free to reach out to me with any questions or concerns.
Brad Junnila – 952-212-4931 – junnilab@gmail.com
708 Harvest Ct., Shakopee, MN 55379
Page 1 of 1
6/17/2016 8:49:26 AM
FundstransferredelectronicallyJune8,2016toJune21,2016
PAYROLL
$ 276,196.40
FIT/FICA85,553.94$
STATEINCOMETAX17,183.97$
PERA80,110.44$
HEALTHCARESAVINGS6,416.41$
HEALTHSAVINGSACC
T
$5,395.78
NATIONWIDEDEFCOMP11,747.09$
ICMADEFERREDCOMP1,904.02$
MSRS3,038.15$
FSA6,009.06$
$
Total493,555.26$
RESOLUTION NO. 7738
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA,
APPROVING A PREMISES PERMIT FOR AMERICAN LEGION POST 2
______________________________________________________________________________
WHEREAS, the 1990 legislature adopted a law which requires municipal approval in
order for the Gambling Control Board to issue or renew premises permits; and
WHEREAS, American Legion Post 2 is seeking approval of their premises permit at
1266 East First Avenue, Shakopee, Minnesota.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA, AS FOLLOWS:
That the premises permit for American Legion Post 2 at 1266 East First Avenue,
Shakopee, Minnesota, is hereby approved.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held
st
this 21day of June, 2016.
_________________________________
Mayor of the City of Shakopee
ATTEST:
_______________________________
City Clerk
ORDINANCENO. 935
ANORDINANCEOFTHECITYOFSHAKOPEE,
MINNESOTA, AMENDINGTHECITY'SADOPTED2016FEE
SCHEDULE
THECITYCOUNCILOFTHECITYOFSHAKOPEE,MINNESOTA,ORDAINS:
WHEREAS,byOrdinanceNo.924,theCityCouncilestablishedafeescheduleeffective
January1,2016;and
WHEREAS,theCityCouncilhasdeterminedthatitisdesirabletomodifythe2016Fee
Schedule.
NOW,THEREFORE,BEITORDAINEDbytheCityCounciloftheCityofShakopee
thattheAdopted2016CityFeeScheduleisamendedasfollows:
Administration Fees areamended by adding the following provision on page 4:
I.M.1. Peddlers/Solicitors Investigation Fee$50
Police DepartmentFeesareamended by deletingthe following provisionon page29:
I.Room Reservation (Police Dept. Training/Community Room)
A.
Organizations$0
B.
Private groups (Resident)$50 for first hour
Each additional hour $25
Deposit (100% refund upon clean/damage free)Deposit $100
C.
Private groups (non-resident)$75 for first hour
Each additional hour $35
Deposit (100% refund upon clean/damage free)Deposit $100
AdoptedinregularsessionoftheCityCounciloftheCityofShakopee,Minnesotaheldthis
st
21dayofJune,2016.
___________________________________
Mayor of the City of Shakopee
Attest:
___________________________
City Clerk
LIVABLECOMMUNITIES
PROGRAMFACTS
Investmentsincommunityvitality
Thrivingjobcentersstandononce-polluted land.Workers canfindaffordablehousinginthecommunitieswhere
theywork.Residentscan shop,getonabus togotowork,and enjoyalocalparkallwithinwalkingdistance from
home.
Theseopportunitiesaresupportedbythe1995LivableCommunitiesAct(LCA),administeredbytheMetropolitan
Council.
Voluntaryprogram,basedonincentives
TheLCAprovidesfundingforcommunitiestoinvest inlocaleconomicrevitalization,affordablehousing
initiatives,and developmentorredevelopmentthatconnectsdifferent landusesand transportation.The
programisavoluntary,incentive-basedapproachtohelpcommunitiesgrowand redevelop,and toaddress
theregion’saffordableand lifecyclehousing needs.
Programshelpreachlocal,regionalgoals
TheCouncil makesgrant andloanawardsthroughthreeaccounts:
TaxBaseRevitalizationAccount(TBRA)
–Cleans up brownfields for redevelopment, job creation and
affordablehousing.
LivableCommunitiesDemonstrationAccount(LCDA)
–Supports development andredevelopment that links
housing, jobs and services while demonstrating efficient and cost-effective useoflandandinfrastructure.
LocalHousingIncentivesAccount(LHIA)
–Produces and preserves affordable housing choices for
householdswithlowtomoderateincomes.
– Catalyzes development around light rail, commuter rail, and
Transit Oriented Development (TOD)
high-frequency bus stations.
TocompeteforLCAfunding,communitiesmust negotiatelong-termaffordableand lifecyclehousing
goals withtheCouncil anddevelop aHousingActionPlanto accomplish these goals.In2016,95
participating communities are eligible to compete for funding from all four LCA categories.
TheLCA’semphasisisoncooperation andincentivestoachieve regionaland localgoals. Local
communitiesarepositionedwell tomake decisionsabouthowtheircitiesandtowns willgrowand
develop, buttheLCArecognizesitoftentakespartnershipsand sharedresourcestomove from
communityplans totangibleresults.
LivableCommunitiesActInvestmentsreapimpressiveresults
From 1996 through January 2016, the Council awarded 922grants totaling about $321million in Livable Communities funds.
These grants are expected to leverage billions of dollars in private and other public investments.Following is a summary of
grants made:
421 TBRA pollution cleanup grants (non-TOD) totaling nearly $112 million were made to 45 cities. The
2015 projects will leverage more than $588 million in private investment and add $5.6 million in net tax
capacity, and result in more than 2,900 new and retained jobs
Pub.www.metrocouncil.org
Theemphasisofthe
249 LCDA grants (non-TOD) totaling nearly $135 million were made to development and
LivableCommunities
redevelopment projects that link housing, jobs and services, and maximize efficient
infrastructure in 67 cities. The 2015 LCDA grants are expectedto leverage nearly $81 million
program ison
in other public and private funds.
cooperationand
172 LHIA grants to 53 cities, totaling $32.8 million, provided new or rehabilitated affordable
incentivesto achieve
housing opportunities. The 2015 LHIA awards leverage over $41 million in public and
regionalandlocalgoals.
private funds to assist with 199 new and rehabilitated affordable housing units, 191 of which
are affordable at 60% of area median income.Communitiesarewell-
67 Transit-Oriented Development awards totaling almost $41.4 million have been made in 17
tomake
positioned
cities with TBRA and LCDA funds to leverage investment near light rail transit, high-
decisionsabout howtheir
frequency bus routes, and bus rapid transit corridors.
cities andtownswill
Otherbenefits ofLCAfunds arerestorednatural resources,improvedtransportation
grow anddevelop,but
options, newcommunityamenitiesand thrivingnewneighborhoods.
the LCArecognizesthat
itoften takespartnerships
AdvisoryCommitteehelpsselectprojects
andshared resourcesto
TheLivableCommunitiesAdvisoryCommitteerecommendsfundingawardstotheCouncil
movefromcommunity
fortheLivableCommunitiesDemonstrationAccount.Thecommittee reviews development
tangible results.
plansto
and redevelopmentproposalsagainsttheprogram’scriteriaforconnecteddevelopment
thatlinkhousing, jobsand services.
patterns
Thecommittee’s15membershave expertiseindevelopment specialties,including local
governmentplanningandeconomicorcommunity development; publicand privatefinance;
newdevelopment and redevelopment;transportation;environment;sitedesign; and
community-based organizations.
Cooperativeeffortsreduce‘redtape’
Communitiesintheregion applying forpublicaffordablehousingfunds toproduce affordable
multi-familyrentalhousingneedfilloutonlyoneapplicationthroughMinnesota Housing.
RepresentativesfromtheCouncil, theFamilyHousingFundand MinnesotaHousingreview
theapplications and makesgrantsfromavarietyofpublicfundingsources, including LHIA.
TBRAfundingiscoordinated withcomplementaryprogramsattheMinnesotaPollution
Control Agency, theMinnesotaDepartmentofEmploymentand EconomicDevelopment,
and Hennepinand Ramseycounties.
Formoreinformation
Visit theLivableCommunities program
MetropolitanCouncil
390RobertStreetNorth
SaintPaul,MN55101
Main:651.602.1000
TTY:651.291.0904
PublicInformation:651.602.1140
public.info@metc.state.mn.us
Pub.www.metrocouncil.org
CITY OF SHAKOPEE, MINNESOTA
RESOLUTION NO.7733
RESOLUTION APPROVING REVISED BUSINESS SUBSIDY POLICY
WHEREAS, Minnesota Statutes, Sections 116J.993 through 116J.995 (the "Statutes") require the
adoption of criteria for the granting of business subsidies as defined in the Statutes; and,
WHEREAS, the City of Shakopee (the “City”) has determined that it isnecessary and appropriate to
adopt business subsidy criteria pursuant to the Statutes; and,
WHEREAS, the City has performed all actions required by law to be performed prior to the adoption and
approval of the proposed business subsidies, including the holding of a public hearing upon published
notice as required by law,
WHEREAS, the Citypreviously approved Business subsidy criteria on May 15, 2012, and has now
determined to amend and restate the criteria in accordance with requirements of the Business
Subsidy Act.
NOW, THEREFORE, BE IT RESOLVED by the CityCouncil of the City of Shakopee, that the business
subsidy criteria, contained in Exhibit A of this resolution are hereby approved, ratified, established, and
adopted and shall be placed on file at the City of Shakopee, Minnesota.
Adoptedby the City Council of the City of Shakopee, Minnesota this 21stday of June, 2016.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
City of Shakopee, Minnesota
BUSINESS SUBSIDY POLICY
1)POLICY PURPOSE
For the purposes of this document the term “City” includes the Shakopee City Council, Staff, the
Economic DevelopmentAuthority, Advisory Boards and Commissions, Financial consultants,and legal
counsel.
Economic development incentives are financial tools that enable the Cityto provide
opportunities and benefits for its businesses and residents. Incentives can take a variety of
forms,including,but not limited to,cash, debt financing, tax and fee waivers, credits and rebates.
The City of Shakopee provides economic development incentives in order to achieve its long-
range vision of creating a diverse and sustainable economic base. A sustainable economic base is
achieved in part through the creation and retention of quality, high paying jobs. A diverse and
sustainable economy offers opportunity for improved quality of life for the residents of
Shakopee. Economic development projects may also achieve other worthwhile goals. For
instance, some projects provide value to the community in the forms of infrastructure
improvements,stabilization of business districts or neighborhoods, or concentration of selected
industries.
This document sets forth the business subsidy policy and the specific criteria to be considered by
theCity of Shakopee (City) and the Shakopee Economic Development Authority (EDA)in evaluating
requests for business subsidies. In adopting these criteria, it is the intent of the City and EDAto
comply with Minnesota Statutes, Sections 116J.993-116J.995 as amended (the Act). The City and
EDAhereby adopt the definitions contained in the Act for application of the criteria, and they are
incorporated herein by reference. The City hasand the EDA have eachadopted this policy and these
criteria after a public hearing in accordance with the Act.
The City reserves the right to approve or reject projects on a case-by-case basis, taking into
consideration established policies, project criteria, and demand on City services in relation to the
potential benefits from the project. Meeting policy criteria does not guarantee the award of
business assistance to the project. Approval or denial of one project is not intended to set
precedent for approval or denial of another project.
The City Council (and EDA)can deviate from this policy for projects that supersede the objectives
identified herein.Any applicant who is not in good standing with the City, in regards to licenses,
fees or other specific charges, will not be considered for business subsidies.
The City may charge a fee for requests under this policy, and these fees will be adopted annually
during the fee schedule review.
2)BUSINESS SUBSIDY OBJECTIVES
2014Page 1
As a matter of adopted policy, the City will consider offering a business subsidyto assist private
development projects that achieve one or more of the following objectives:
To increase the City’s tax base.
To retain local jobs and/or increase the number and diversity of jobs that offer stable
employment and/or attractive wages and benefits. Preference will be given to higher
paying jobs that also provide benefits such as health care coverage.
To encourage new head of household job creation paying at least 200 percentof the federal
minimum wage,exclusive of benefits. Jobs to be retained are notrequired to meet the above
wage standard. After apublic hearing,the City may establish wage goals for new jobs to be
created that vary from the above standard, and take into account theseadditional factors;
The size of the businessand its potential to create higher paying jobs in the future;
o
Local economic conditions;
o
To support projects that provide value in the forms of needed transportation and other
utility infrastructure improvementsthat would be completed in conjunction with the
project.
To encourage additional unsubsidized private development in the area, either directly or
indirectly through “spin off” development.
To facilitate the development process and to achieve development on sites which wouldnot
otherwise be developed but for the use of a business subsidy.
To remove blight and/or encourage redevelopment of commercial and industrial areas that
will result in high-quality redevelopment and private reinvestment.
To offset increased costs of redevelopment (i.e. contaminated site clean-up) over and above
the costs normally incurred in development.
To create opportunities for affordable housingand/or a diversification of housing stock
available within the community.
To support a projectthat will improve the quality of life in the City by providing a desirable
good or service and addressingan unmetdemand in the community.
To contribute to the implementation of other public policies, as adopted by the City from
time to time, such as the promotion of quality urban or architectural design, energy
conservation, and decreasing capital and/or operating costs of local government.
To supportthe retention and/or adaptive re-use of buildings of historical or architectural
significance.
To promote revitalization and redevelopment in the MainStreet Corridor.
3)ECONOMIC DEVELOPMENT INCENTIVE PROGRAMS
Criteria for these programs are at the discretion of the governing body and may include
additional policies and procedures.
a.Tax Abatement: The City of Shakopee is granted the power to utilize tax abatement by
Minnesota Statutes 469.1812 through 469.1816as amendedand the City of Shakopee Tax
Abatement Policyapproved on March 18, 2014,authorized by EDA Resolution No. 2014-3
2014Page 2
and City Council Resolution No. 7435. The fundamental purpose of tax abatement in
Shakopee is to encourage desirable development or redevelopment that would not
otherwise occur but forthe assistance provided through the tax abatement.The City utilizes
“Pay-As-You-Go” Tax Abatement, which relies on the developer to pay for the up-front
project costs with the promise of being reimbursed.
Tax Increment Financing: The City of Shakopee is granted the power to utilize TIF by the
b.
Minnesota Tax Increment Financing Act, Minnesota Statutes 469.174 through 469.1794as
amendedand the City of Shakopee Tax Increment FinancingPolicyapproved on March 18,
2014,authorized by EDA Resolution No. 2014-2 and City Council Resolution No. 7434. The
fundamental purpose of tax increment financing in the City of Shakopee is to encourage
desirable development or redevelopment that would not otherwise occur but forthe
assistance provided through TIF. The City utilizes “Pay-As-You-Go” TIF, which relies on the
developer to pay for the up-front project costs with the promise of being reimbursed.
c.Metropolitan Council Sewer Availability Charge (SAC) Credit: When new construction
or a change in use of a property requires additional sanitary sewer capacity, a fee is charged
by the Metropolitan Council-Environmental Services. The fee is based on the Metropolitan
Council’s determination of the number of sewer availability charge(SAC) units.
d.City of Shakopee Sanitary Sewer Availability Charge (SAC) Credit: In 1994, the City
adopted access fees for the sanitary sewer system (SAC). Those fees are used for
construction of other MCES interceptors and long-term maintenance of theCity sanitary
sewer system. For any construction project or change in use, the City SAC is the same as the
number of units determined by the Metropolitan Council. However, City fees will be
imposed only for the units resulting from an expansion or a change of use that requires
additional charges.
e.Minnesota Investment Fund: The City of Shakopee is granted the power to utilize the
Minnesota Investment Fund Program byMinnesota Statute 116J.8731as amended.
f.Commercial Exterior Improvement Program: The City of Shakopee is granted the power
to utilize the Commercial Exterior Improvement Programby the Municipal Commercial
Rehabilitation Loan Program, Minnesota Statute469.184as amended.
g.Property Sales: The City of Shakopeemay negotiate the sale price of property owned by
the City orEDAfor new and expanding businesses, as well as for businesses relocating to
the City.or expanding businesses and/or multi-family housing developments.
h.Bonds:The City of Shakopee, Minnesota (the “City”) has the authority to issue revenue
bonds pursuant to Minnesota Statutes, Sections 469.152 to 469.1651 (the “Industrial
Development Act”), Minnesota Statutes, Chapter 462C (the “Housing Act”) and the City of
Shakopee Private Activity RevenueBond Policy approved on June 18, 2013, authorized by
City Council Resolution No. 7318. The City Council of the City will consider the issuance of
private activity bonds (both taxable and tax-exempt) to finance the following types of
projects; manufacturing/industrial facilities, multifamily housing, health care facilities,
other projects on behalf of 501(c)(3) organizations and other projects authorized by state
2014Page 3
statutes and federal law. In extraordinary circumstances, the City Council of the City may
consider and approve the issuance of Private Activity Bonds by the Economic Development
Authority for the City of Shakopee (the “EDA”).
4)APPLICATION PROCESS
a)
The applicant will complete and submit the City's Application for Business Subsidyalong
with the required application fee (refer to the current year’s adopted fee schedule). The
application fee covers the City's outside legal counsel review and financial analysis costs.
The applicant will also provide any additional information requested by the City. The
applicant will be liable for any additional costs beyond the initial deposit. All materials
submitted to the City in connection with a business subsidy application shall become the
property of the Cityand is subject to data privacy law.
a.City staff or the City's agent shall review the application materials and make a preliminary
recommendation to the City Council and EDA regarding 1)the completeness of the
application, 2)whether the application meets the goals of this policy, and 3) whether the
application complies with the criteria established in thisthepolicyincentive program’s
policy.
b)
Public Hearing Notices are published and sent to the county and/or school board.
c)
In the event that the City Council and/orEDA concur with the recommendation above, the
City and/or EDA will consider the application during a public meeting. The City Council
grants final approval or denial of the proposal.
d)
Additional agreements and program requirements may be necessary depending on the form
of business subsidy and/or the value of the award, as defined in Minnesota Business
Subsidy Statute, Sections 116J.993-116J.995 as amended (the Act).
5)SUBSIDY AGREEMENT & REPORTING REQUIREMENTS
All assistance that meets the definition shall be subject to the requirement of a public
hearing. Any assistance that does not meet the definition of a "business subsidy" will be
excluded from the requirement of holding a public hearing prior to granting a business
subsidy.
Every recipient of a business subsidy must enter into a Business Subsidy Agreement with
the City, which agreement must fulfill the requirements of the Act.
Both the recipient and the City must comply with the reporting and monitoring
requirements of the Act.
In the event that a recipient fails within two (2) years of the benefit date as defined in the
Act to meet the job and wage goals set forth in the Business Subsidy Agreement, the
recipient and its successors shall be liable to repay to the City the assistance plus interest.
The City may prorate repayment to reflect partial fulfillment of the goals set forth in the
business subsidy agreement. The rate of interest charged must be set at no less than the
implicit price deflator for government consumption expenditures and gross investment for
state and local governments prepared by the Bureau of Economic Analysis of the Unites
States Department of Commerce.
2014Page 4
The City may, after holding a public hearing, extend the time for compliance withbusiness
subsidy agreement job and wage goals by up to one (1) year.
The developer/business shall file a report annually for two years after the date the benefit
is received or until all goals set forth in the application and performance agreement have
been met, whichever is later. Reports shall be completed using the format drafted by the
State of Minnesota and shall be filed with the City of Shakopee no later than March 1 of each
year for the previous calendar year. Businesses fulfilling job creation requirements must
file a report to that effect with the City within 30 days of meeting the requirements.
The developer/business owner shall maintain and operate its businessat the site for which
the assistancewas awardedfor a minimum period of five yearsafter the benefit is received.
The developer/business will be required to attain or exceed the jobs and wages goals set
forth in the Business Subsidy Agreement.
Developer/Businesses failing to comply with the above provisions will be subject to fines,
repayment requirements, and be deemed ineligible by the State of Minnesota to receive any
loans or grants from public entities for a period of five years.
*This policy shall be reviewed on a biennialbasis with the next review being set for August,
September2016.
2014Page 5
City of Shakopee, Minnesota
BUSINESS SUBSIDY POLICY
1)POLICY PURPOSE
For the purposes of this document, the term “City” includes the Shakopee City Council, staff, the
Economic Development Authority, advisory boards and commissions, financial consultants and legal
counsel.
Economic development incentives are financial toolsthat enable the City to provide
opportunities and benefits for its businesses and residents. Incentives can take a variety of
forms,including,but not limited to,cash, debt financing, tax and fee waivers, credits and rebates.
The City of Shakopee provides economic development incentives in order to achieve its long-
range vision of creating a diverse and sustainable economic base. A sustainable economic base is
achieved in part through the creation and retention of quality, high paying jobs. A diverse and
sustainable economy offers opportunity for improved quality of life for the residents of
Shakopee. Economic development projects may also achieve other worthwhile goals. For
instance, some projects provide value to the community in the forms of infrastructure
improvements, stabilization of business districts or neighborhoods, or concentration of selected
industries.
This document sets forth the specific criteria the City uses to evaluate a request for Business
Subsidy. In adopting these criteria, it isthe intent of the City to comply with Minnesota Statutes,
Sections 116J.993-116J.995 as amended (the Act). The City hereby adoptsthe definitions contained
in the Act for application of the criteria, and they are incorporated herein by reference.The City has
adopted this policy and these criteria after a public hearing in accordance with the Act.
The City reserves the right to approve or reject projects on a case-by-case basis, taking into
consideration established policies, project criteria, and demand on City services in relation to the
potential benefits from the project. Meeting policy criteria does not guarantee the award of
business assistance to the project. Approval or denial of one project is not intended to set
precedent for approval or denial of another project.
The Citycan deviate from this policy for projects that supersede the objectives identified herein.
Any applicant who is not in good standing with the City, in regards to licenses, fees or other specific
charges, will not be considered for business subsidies.
The City may charge a fee for requests under this policy, and these fees will be adopted annually
during the fee schedule review.
June 21, 2016Page 1
2)BUSINESS SUBSIDY OBJECTIVES
As a matter of adopted policy, the City will consider offering a business subsidyto assist private
development projects that achieve one or more of the following objectives:
To increase the City’s tax base.
To retain local jobsand/or increase the number and diversity of jobs that offer stable
employment and/or attractive wages and benefits. Preference will be given to higher
paying jobs that also provide benefits such as health care coverage.
To encourage new head of householdjob creation paying at least $19.00/hour (200%of the
federal minimum wage),exclusive of benefits. Jobs to be retained are notrequired to meet
the above wage standard. After apublic hearing,the City may establish wage goals for new
jobs to be created that vary from the above standard, and take into account theseadditional
factors;
The size of the businessand its potential to create higher paying jobs in the future;
o
Local economic conditions;
o
To support projects that provide value in the forms of needed transportation and other
utility infrastructure improvementsthat would be completed in conjunction with the
project.
To encourage additional unsubsidized private development in the area, either directly or
indirectly through “spin off” development.
To facilitate the development process and to achieve development on sites which wouldnot
otherwise be developed but for the use of a business subsidy.
To remove blight and/or encourage redevelopment of commercial and industrial areas that
will result in high-quality redevelopment and private reinvestment.
To offset increased costs of redevelopment (i.e. contaminated site clean-up) over and above
the costs normally incurred in development.
To createopportunities for affordable housingand/or a diversification of housing stock
available within the community.
To support a projectthat will improve the quality of life in the City by providing a desirable
good or service and addressingan unmet demand in the community.
To contribute to the implementation of other public policies, as adopted by the City from
time to time, such as the promotion of quality urban or architectural design, energy
conservation, and decreasing capital and/or operating costs of local government.
To supportthe retention and/or adaptive re-use of buildings of historical or architectural
significance.
To promote revitalization and redevelopment in the MainStreet Corridor.
June 21, 2016Page 2
3)ECONOMIC DEVELOPMENT INCENTIVE PROGRAMS
Criteria for theseprograms are at the discretion of the governing body and may include additional
policies and procedures.
a.Tax Abatement: The City of Shakopee is granted the power to utilize tax abatement by
Minnesota Statutes 469.1812 through 469.1816as amended and the City of Shakopee Tax
Abatement Policy approved on March 18, 2014,authorized by EDA Resolution No. 2014-3
and City Council Resolution No. 7435. The fundamental purpose of tax abatement in
Shakopee is to encourage desirable development or redevelopment that would not
otherwise occur but forthe assistance provided through the tax abatement.The City utilizes
“Pay-As-You-Go” Tax Abatement, which relies on the developer to pay for the up-front
project costs with reimbursement from tax abatement.
b.Tax Increment Financing: The City of Shakopee is granted the power to utilize TIF by the
Minnesota Tax Increment Financing Act, Minnesota Statutes 469.174 through 469.1794as
amended and the City of Shakopee Tax Increment Financing Policy approved on March 18,
2014,authorized by EDA Resolution No. 2014-2 and City Council Resolution No. 7434. The
fundamental purpose of tax increment financing in the City of Shakopee is to encourage
desirable development or redevelopment that would not otherwise occur but forthe
assistance provided through TIF. The City utilizes “Pay-As-You-Go” TIF, which relies on the
developer to pay for the up-front project costs with reimbursement from tax increment.
c.Metropolitan Council Sewer Availability Charge (SAC) Credit: When new construction
or a change in use of a property requires additional sanitary sewer capacity, a fee is charged
by the Metropolitan Council-Environmental Services. The fee is based on the Metropolitan
Council’s determination of the number of sewer availability charge (SAC) units.
d.City of Shakopee Sanitary Sewer Availability Charge (SAC) Credit: In 1994, the City
adopted access fees for the sanitary sewer system (SAC). Those fees are used for
construction of other MCES interceptors and long-term maintenance of the City sanitary
sewer system. For any construction project or change in use, the City SAC is the same as the
number of units determined by the Metropolitan Council. However, City fees will be
imposed only for the units resulting from an expansion or a change of use that requires
additional charges.
e.Minnesota Investment Fund: The City of Shakopee is granted the power to utilize the
Minnesota Investment Fund Program by Minnesota Statute 116J.8731 as amended.
f.Commercial Exterior Improvement Program: The City of Shakopee is granted the power
to utilize the Commercial Exterior Improvement Programby the Municipal Commercial
Rehabilitation Loan Program, Minnesota Statute469.184as amended.
June 21, 2016Page 3
g.Property Sales: The City of Shakopeemay negotiate the sale price of property owned by
the City orEDAfor new or expanding businesses and/or multi-family housing
developments.
h.Bonds:The City of Shakopee, Minnesota (the “City”) has the authority to issue revenue
bonds pursuant to Minnesota Statutes, Sections 469.152 to 469.1651 (the “Industrial
Development Act”), Minnesota Statutes, Chapter 462C (the “Housing Act”) and the City of
Shakopee Private Activity Revenue Bond Policy approved on June 18, 2013, authorized by
City Council Resolution No. 7318. The City Council of the City will consider the issuance of
private activity bonds (both taxable and tax-exempt) to finance the following types of
projects; manufacturing/industrial facilities, multifamily housing, health care facilities,
other projects on behalf of 501(c)(3) organizations and other projects authorized by state
statutes and federal law. In extraordinary circumstances, the City Council of the City may
consider and approve the issuance of Private Activity Bonds by the Economic Development
Authority for the City of Shakopee (the “EDA”).
4)APPLICATION PROCESS
a.The applicant will complete and submit the City's Application for Business Subsidyalong
with the required application fee (refer to the current year’s adopted fee schedule). The
application fee covers the City's outside legal counsel review and financial analysis costs.
The applicant will also provide any additional information requested by the City. The
applicant will be liable for any additional costs beyond the initial deposit. All materials
submitted to the City in connection with a business subsidy application shall become the
property of the Cityand is subject to data privacy law.
b.City staff or the City's agent shall review the application materials and make a preliminary
recommendation to the City regarding the completeness of the application, whether the
application meets the goals of this policy, and whether the application complies with the
criteria established in the incentive program’s policy.
c.When necessary, Public Hearing Notices are published and sent to the county and/or school
board.
d.In the event that the City concurswith the recommendation above, the City will consider the
application during a public meeting. The City will grantfinal approval or denial of the
proposal.
e.Additional agreements and program requirements (including annual reporting) may be
necessary depending on the form of business subsidy and/or the value of the award,as
defined in Minnesota Business Subsidy Statute, Sections 116J.993-116J.995 as amended
(the Act).
June 21, 2016Page 4
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FILE NO.JOB NO.DRAWING NAME:
FIELD BOOK
PAGE
BY:CHECKEDDRAWN BY:CHIEF:FIELDWORK
REVISIONS
ALTA/NSPS LAND TITLE
SURVEY
SURVEY FOR:
Kimley-Horn & Associates
SEC. 12 T115N R23W
DETAIL 'A'
DETAIL
PROPERTY ADDRESS:
Shakopee, Minnesota 55379
LEGENDLEGEND
County Road No. 15
N
SITE
VICINITY MAP
Minneapolis, Minnesota 55413
1229 Tyler Street NE, Suite 100
WWW.EFNSURVEY.COM
PHONE: (612) 466-3300
FAX: (612) 466-3383
N
SHEET 1 OF 2
FILE NO.JOB NO.DRAWING NAME:
FIELD BOOK
PAGE
BY:CHECKEDDRAWN BY:CHIEF:FIELDWORK
REVISIONS
ALTA/NSPS LAND TITLE
SURVEY
SURVEY FOR:
Kimley-Horn & Associates
ENCROACHMENT DETAIL
EVIDENCE OF POSSIBLE
PROPERTY ADDRESS:
N
Shakopee, Minnesota 55379
County Road No. 15
SITE
VICINITY MAP
LEGENDLEGEND
Minneapolis, Minnesota 55413
1229 Tyler Street NE, Suite 100
WWW.EFNSURVEY.COM
PHONE: (612) 466-3300
FAX: (612) 466-3383
N
SHEET 2 OF 2
WWW.KIMLEY-HORN.COMWWW.KIMLEY-HORN.COM
LOCATION: SHAKOPEE, MN
PHONE: 651-645-4197PHONE: 651-645-4197
2550 UNIVERSITY AVENUE WEST, SUITE 238N, ST. PAUL, MN 551142550 UNIVERSITY AVENUE WEST, SUITE 238N, ST. PAUL, MN 55114
SITE PLAN
EMPLOYEE OWNED
PRELIMINARY
2015 KIMLEY-HORN AND ASSOCIATES, INC. 2016 KIMLEY-HORN AND ASSOCIATES, INC.
CONCEPTUAL
R
AREA
STORMWATER
HARVEST LANE ROW
ENIL
YTREPORP
AREA
STORMWATER
P
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O
P
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L
NI
E
WWW.KIMLEY-HORN.COM
PHONE: 651-645-4197
SITE PLAN
SHAKOPEE, MNSHAKOPEE, MNSHAKOPEE, MN
2550 UNIVERSITY AVENUE WEST, SUITE 238N, ST. PAUL, MN 55114
2015 KIMLEY-HORN AND ASSOCIATES, INC.
HY-VEEHY-VEEHY-VEE
REZONING
PRELIMINARY - NOT FOR CONSTRUCTION
HARVEST LANE ROW
ENIL YTR
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ENIL Y
TREPORP
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TR 8.
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E
RESOLUTION NO. 7744
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, REGUIDING
PROPERTY AT THE SOUTHEAST QUADRANT OF VIERLING DRIVE WEST AND
ADAMS STREET SOUTH FROM MEDIUM DENSITY RESIDENTIAL TO
COMMERCIAL AND HIGH DENSITY RESIDENTIAL IN THE 2030 COMPREHENSIVE
PLAN
WHEREAS
, Randy Downs, applicant and Cal and Sharon Haasken, property owners, have applied
to re-guide property at the southeast quadrant of the intersection of Vierling Drive West and Adams
Street South; and
WHEREAS
, the property is legally described as:
That part of the Southwest Quarter of the Southwest Quarter of Section 12, Township 115, Range 23
West, Scott County, MN, which lies Northerly of a line described as follows:
Beginning at the Northwest corner of the Southwest Quarter of the Southwest Quarter of said Section
12; thence run easterly on an azimuth of 93 degrees 28 minutes 45 seconds, along the north line of said
Southwest Quarter of the Southwest Quarter, for 244.37 feet; thence on an azimuth of 171 degrees 08
minutes 45 seconds, 755.81 feet; thence on an azimuth of 142 degrees 30 minutes 37 seconds, 211.98 feet;
thence on an azimuth of 112 degrees 33 minutes 47 seconds, 937.92 feet, more or less, to the East line of said
Southwest Quarter of the Southwest Quarter and there terminating.
WHEREAS,
the property is proposed to be re-guided to two different land use classifications with
descriptions as follows:
(See attached Exhibit)
WHEREAS
, notices were duly sent and posted, and a public hearing was held before the Planning
Commission on June 9, 2016, at which time all persons present were given an opportunity to be
heard; and
WHEREAS
, on June 9, 2016, the Planning Commission recommended to the City Council that the
subject property be re-guided as stated; and
WHEREAS
, the City Council heard the matter at its meeting June 21, 2016; and
NOW, THEREFORE BE IT RESOLVED
, that the City Council of the City of Shakopee hereby
adopts the following findings of facts relative to the above-named request:
1
Criteria #1: The original comprehensive plan is in error.
Finding #1:
The ordinance does not allow for commercial development on this site. The City commissioned
a land use study for western portion of the community. As part of the study, several public meetings were
held where this specific property was discussed. It was determined by city staff, the citys planning
consultant, the Planning Commission, and the City Council that this site is an ideal site for commercial
development and higher density residential development than what is currently allowed on the site.
Criteria #2: Significant changes in community goals and policies have taken place.
Significant changes in goals or policy have taken place. The City desires to create opportunities for commercial
development at the US 169 / Marystown Rd interchange and also allow a higher density residential development
to buffer the existing single family and townhouse development in the area from future commercial development.
The proposed development is consistent with the study.
Criteria #3: Significant changes in development patterns have occurred.
Finding #3: No significant changes in development patterns have occurred.
Criteria #4: The Comprehensive Plan requires a different provision.
Finding #4: This proposed amendment would re-guide the proposed use of the subject property
from Medium Density Residential to Commercial and High Density Residential.
BE IT FURTHER RESOLVED
, that the request to re-guide the property as stated in this
resolution is hereby approved.
st
Passed in regular session of the City Council of the City of Shakopee, Minnesota held this 21 day
of June, 2016.
_______________________________
Mayor of the City of Shakopee
Attest:
_________________________
City Clerk
2
ORDINANCE NO. 936
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA,
AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 151.003 BY REZONING
PROPERTY LOCATED AT THE SOUTHEAST QUADRANT OF THE INTERSECTION OF
VIERLING DRIVE WEST AND ADAMS STREET SOUTH FROM URBAN RESIDENTIAL (R-1B)
TO HIGHWAY BUSINESS (B-1) AND MULTIPLE-FAMILY RESIDENTIAL (R-3)
WHEREAS
, Randy Downs, applicant and Cal and Sharon Haasken, property owners, have applied
to rezone property at the southeast quadrant of the intersection of Adams Street South and Vierling Drive
West from the Urban Residential, R1B Zone to the Highway Business, B-1 and Multiple-Family Residential,
R-3 zone; and
WHEREAS,
the entire property is legally described as:
That part of the Southwest Quarter of the Southwest Quarter of Section 12, Township 115, Range 23
West, Scott County, MN, which lies Northerly of a line described as follows:
Beginning at the Northwest corner of the Southwest Quarter of the Southwest Quarter of said Section
12; thence run easterly on an azimuth of 93 degrees 28 minutes 45 seconds, along the north line of said
Southwest Quarter of the Southwest Quarter, for 244.37 feet; thence on an azimuth of 171 degrees 08
minutes 45 seconds, 755.81 feet; thence on an azimuth of 142 degrees 30 minutes 37 seconds, 211.98 feet;
thence on an azimuth of 112 degrees 33 minutes 47 seconds, 937.92 feet, more or less, to the East line of said
Southwest Quarter of the Southwest Quarter and there terminating.
WHEREAS,
the property is proposed to be rezoned to two different zoning classifications with
descriptions as follows:
(See attached Exhibit)
WHEREAS,
notices were duly sent and posted, and a public hearing was held before the Planning
Commission on June 9, 2016, at which time all persons present were given an opportunity to be heard; and
WHEREAS,
the Planning Commission has recommended to the City Council that the subject
property be rezoned as stated; and
WHEREAS
, the City Council heard the matter at its meeting on June 21, 2016; and
NOW, THEREFORE BE IT ORDAINED
,that the City Council of the City of Shakopee hereby
adopts the following findings of facts relative to the above-named request:
Criteria #1 The original zoning ordinance is in error.
Finding #1 The current ordinance is in error. The ordinance does not allow for commercial development
on this site. The City commissioned a land use study for western portion of the community. As
part of the study, several public meetings were held where this specific property was discussed.
1
It was determined by city staff, the citys planning consultant, the Planning Commission, and
the City Council that this site is an ideal site for commercial development and higher density
residential development than what is currently allowed on the site.
Criteria #2 Significant changes in community goals and policies have taken place.
Finding #2 Significant changes in goals or policy have taken place. The City desires to create opportunities
for commercial development at the US 169 / Marystown Rd interchange and also allow a
higher density residential development to buffer the existing single family and townhouse
development in the area from future commercial development. The proposed development is
consistent with the study.
Criteria #3 Significant changes in development patterns have occurred.
Finding #3 No significant changes in development patterns have occurred.
Criteria #4 The Comprehensive Plan requires a different provision.
Finding #4 The comprehensive plan is proposed to be amended by Resolution No. 7744 to adjust the
guiding for this property from Medium Density Residential to Commercial and High Density
Residential.
BE IT FURTHER ORDAINED
, that the request to rezone the property as stated in this ordinance
is hereby approved.
Passed in regular session of the City Council of the City of Shakopee, Minnesota held this 21st day of June,
2016.
_______________________________
Mayor of the City of Shakopee
Attest:
_________________________
City Clerk
Published in the Shakopee Valley News on the ______ day of _____________, 20___.
2
RESOLUTION NO. 7734
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA,
APPROVING THE PRELIMINARY AND FINAL PLAT OF PRAIRIE MEADOWS FIRST
ADDITION
________________________________________________________________________
WHEREAS,
Donnay Homes, Inc., applicant, and Mary & Howard Dearborn, property owners, have
filed an application for a Preliminary and Final Plat of Prairie Meadows First Addition.
WHEREAS,
the property upon which the request is being made is legally described as;
The North 332.00 feet (as measured at right angles) of the South 996.00 feet of the Southwest Quarter of
the Northeast Quarter (SW ¼ of the NE ¼) of Section 19, Township 115, Range 22, according to the
U.S. Government Survey therof, Scott County, Minnesota; and
WHEREAS,
notice was provided and on June 9, 2016, the Planning Commission held a public hearing
regarding this application, at which it heard from City Planning staff and invited members of the public
to comment; and
WHEREAS,
the City Council heard this matter at their meeting on June 21, 2016; and
NOW, THEREFORE, BE IT RESOLVED
by the City Council of the City of Shakopee, Minnesota
that the Preliminary and Final Plat of Prairie Meadows First Addition is approved, subject to the
following conditions:
I.The following procedural actions must be completed prior to the recording of the Final
Plat:
A. Approval of title by the City Attorney.
B. Rename the plat Prairie Meadows First Addition.
C. Revise the Final Plat to be consistent with the plan received by the City on May 31,
2016, except as specifically conditioned in the following conditions.
D. Provide electronic files (AutoCAD and Portable Document Format) of the Final Plat
to be recorded with datum on the Scott County coordinate system.
E.The applicant shall meet park dedication requirements by providing the land
consistent with the following formula:
Acreage: 26 lots X 3 persons per lot/75 people/acre = 1.04 acres
F.If full park dedication in the form of land cannot be met. The developer must provide
proof as to why it cannot be met and cash will be required to complete the park
dedication requirement.
G.Park Dedication fees in the amount required by the City Code and adopted City fee
schedule shall be paid at the time of recording of the final plat.
1
$5,340/lot X 26 lots = $138,840 X % of unmet land dedication.
H. The exact amount of acreage accepted by the City for public utility easements must
be submitted to the Parks and Recreation Director for the exact Park Dedication
calculation.
I. The
storm water management plan.
J. Easements will be shown on the Final Plat as approved by the City Engineer. They
include, but are not be limited to, the following:
1.Minimum drainage and utility easements for public sanitary sewer and storm
sewer systems need to be dedicated per Section 10.1 (A-D) of the City of
Shakopee Design Criteria. Easements for public utilities need to be centered on
the alignments.
2.Provide adequate easements for offsite storm sewer, storm water basins,
maintenance accesses and sanitary sewer in compliance with Section 10.1 (A-D)
of the City of Shakopee Design Criteria.
3.Provide adequate drainage and utility easements to encompass runoff in the rear
of Lots 1-6 of Block 3.
4.Provide a minimum of ten (10) feet of drainage and utility easement adjacent to
all rear lot lines.
K.
security for public improvements within the subdivision and payment of the Street
and Utility Fee and the Watermain Fee.
L.Payment of all Storm Water Management Plan Review Fees need to be made, as
required by the most current City of Shakopee Fee Schedule.
M.Payment of the Trunk Sanitary Sewer Charge needs to be made, as required by the
most current City of Shakopee Fee Schedule.
N.Payment of the Lateral Connection Charge for the Jennifer Lane Sanitary Sewer
Extension Project (per Ordinance Number 913) needs to be made, as required by the
most current City of Shakopee Fee Schedule.
O.Payment of the Trunk Storm Water Charge needs to be made, as required by the
most current City of Shakopee Fee Schedule.
P.Payment of the Sign Installation Fee needs to be made, as required by the most
current City of Shakopee Fee Schedule.
Q.Payment of the Bituminous Sealcoat Fee needs to be made, as required by the most
current City of Shakopee Fee Schedule.
R.
associated with this subdivision.
S.The applicant will submit a detailed lot area drawing showing the total plat area, the
total drainage and utility easement area encompassing high water levels of
wetlands/storm water basins, the total area of right-of-way, the total area of
conservation easements and outlots, the total area of bituminous street and the total
area of lots.
T.Should wetlands exist in the subdivision, the applicant will provide the required
buffers, dedicate adequate outlots or conservations easements to encompass the
buffers and wetlands and provide signage per requirements set forth in Chapter 54.32
of the City of Shakopee Code of Ordinances.
U.The applicant will submit a detailed memo/report showing the pre-development and
post-development discharges to the properties to the north in the two (2), ten (10)
and one-hundred (100) year events.
2
V.The applicant will revise their grading plans in the rear of Lots 1-6 of Block 3 to
provide more useable space for future residents. The current proposal along with the
housing pad depths may not allow for a deck due to the drainage swale and required
drainage and utility easement being so close to the rear of the housing pads. Options
to consider are routing rear yard drainage north between housing pads and/or
locating the drainage swale further south, which would probably require an easement
and the construction of a retaining wall.
W.The applicant will revise their grading plans and storm sewer plans to reflect the
addition of catch basins or alternative drainage improvements to intercept any
drainage prior to entering Jennifer Lane.
X.The applicant will revise their plans to reflect ten (10) feet of maintenance bench per
requirements set forth in Section 4, Subdivision 2 of the City of Shakopee Design
Criteria.
Y.The applicant will work with the City of Shakopee to determine the location of the
infiltration system.
Z.The applicant will submit a detailed geotechnical report outlining any groundwater
encountered as well as infiltration rates in appropriate locations.
II. Following approval and recording of the final plat, the following conditions shall
apply:
A. The developer shall contact SPUC directly for specific requirements related to
municipal water service, underground electric service, and street lighting installation
for this project. The developer will be responsible for complying with their standard
terms and conditions, install services consistent with their policies, grant any
necessary easements and pay all associated fees.
B. The existing water line stubs within Jennifer Lane within the project. This line must
be used or have a fire hydrant added on the end or removed.
C. The applicant to provide a trail connection with a minimum width of 10 feet from
Meadow Lane to the trail along CR 17.
D. The applicant is required to install sidewalk on the west side of Jennifer Lane
through the development.
E. The applicant shall provide and install park, open space, and trail boundary signage
as determined to be needed by the city. The city shall provide the signage and posts
for the park, and the applicant provide the installation of the signage. The city shall
provide the signage for open space and trail boundary, and the applicant provide the
posts and installation of the signage.
F. All trails and sidewalks be constructed to meet ADA requirements or guidelines.
III. The following conditions need to be addressed/completed prior to approval of a
grading permit and/or a street and utility plan:
A.
plan.
B.The applicant will grade the entire site, as proposed on the approved plans, in one
phase within one (1) year from the date of approval of the grading permit
application. Grading is defined as bringing the site to the proposed finished grade
with materials deemed acceptable by the City of Shakopee engineering department,
providing topsoil per City requirements and applying seed, mulch and/or sod per
City requirements and providing an as-built record grading plan per Section 2.5 of
the City of Shakopee Design Criteria.
3
C.Class IV fieldstone riprap and geotextile fabric will be placed at each flared end
section. The riprap and fabric will be installed to the bottom of the storm water
basin.
D.The applicant will seed the disturbed storm water basin area with a native vegetation.
The seed mixture, application and maintenance requirements will be determined by
the City Engineer or their assign.
E.The applicant will submit detailed pavement design calculations.
F.The applicant will submit a landscaping plan in compliance with the most recent
version of th
G.No landscaping will be allowed in front yard drainage and utility easements, unless a
detailed plan is submitted clearly showing how all lots will be served by private
utilities. Prior to submittal, all applicable private utility companies will need to
review and approve this plan.
H.Record plans need to be provided per the City of Shakopee Design Criteria, Section
2.5 and Section 11.2 (A-L). The record plans need to be submitted to the
engineering department.
IV. Following approval and recording of the final plat, the following conditions
need to be addressed/completed prior to issuance of a building permit:
A.If a grading permit is approved, record plans need to be provided per the City of
Shakopee Design Criteria, Section 2.5 and Section 11.2 (A-L). The record plans
need to be submitted to the engineering department.
B.The applicant will provide paper and electronic (AutoCAD and Portable Document
Format) as-built record drawings for all public storm sewer and watermain. As-built
record plan requirements are set forth in Section 11 of the City of Shakopee Design
Criteria.
C.Sewer, water service, fire protection and access shall be reviewed for code
compliance at the time of building permit application(s).
D.Specific performance/design standard details will be reviewed for compliance with
the City Code Section 151.034 & Section 151.105 at the time of any building permit
application(s).
Adopted in regular session of the City Council of the City of Shakopee, Minnesota,
held the _____ day of ____________________, 2016.
__________________________
Mayor of the City of Shakopee
Attest:
________________________
Lori Hensen, City Clerk
4
10775 Poppitz Ln.
Chaska, MN 55318
Land Surveying
& Engineering
612-418-6828
1
Shakopee, MN
4
Prairie Meadows
5
5
1
Maple Grove, MN 55369
9655 63rd Ave. N.
1
Preliminary Plat
Donnay Homes
VICINITY MAP
5
10
5
10
ENGINEER/SURVEYOR
OWNER/DEVELOPER
PRAIRIE MEADOWS
PRELIMINARY PLAT
LEGAL DESCRIPTION
SHEET 1 OF 1 SHEETS
LAND SURVEYING
sisu
10
5
5
10
PRAIRIE MEADOWS
17
17
VICINITY MAP
SITE
19
O'DOWD
LAKE
8
CIR
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CG
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10775 Poppitz Ln.
Chaska, MN 55318
Land Surveying
& Engineering
612-418-6828
1
Shakopee, MN
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Prairie Meadows
5
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1
Maple Grove, MN 55369
9655 63rd Ave. N.
1
Area Plat
Prairie Meadows, LLC
VICINITY MAP
5
10
5
10
ENGINEER/SURVEYOR
OWNER/DEVELOPER
PRAIRIE MEADOWS
AREA PLAT
BITUMINOUS AREA FOR SEALCOAT
DRAINAGE & UTILITY AREA
ZONING INFORMATION
LEGAL DESCRIPTION
LOT INFORMATION
PLAT AREAS
City of Shakopee
Memorandum
TO:Mark Noble, Senior Planner
FROM:Joe Swentek, Project Engineer
st
SUBJECT:Preliminary and FinalPlat –Prairie Meadows 1Addition
CASE #:16021
SUBLEDGER #:116021
DATE:May 20, 2016
The staff review indicates a requestto review a Preliminary and FinalPlat application forPrairie
st
Meadows 1Addition,a single-family (R1-B) residentialsubdivisionlocated southof County
Road 78 along Jennifer Lane.
The original Preliminary and Final Plat application includesdrawings showing a potential
wetland located on Lots 2 and 3 of Block 1. This was based on a very preliminary assessment
performed outside of the growing season. Since then, the developer submitted a detailed
wetland delineation report and application claiming no wetlands exist in the subdivision.
The City of Shakopee, acting in its role as the Local Governing Unit (LGU), is responsible for the
administration ofthe Wetland Conservation Act (WCA). As part of this process, we are required
to distribute all reports and applications to members of a Technical Evaluation Panel (TEP) for
their review and comment prior to formally approving/denying each application. The report
and application wasdistributed with a formal decision anticipated to occur on Tuesday, May 31,
2016.
The comments below will address the subdivision as presented in the original Preliminary and
Final Plat application, but be flexible enough to accommodatethe alternative with no wetlands.
This review should be consideredpreliminary, as more comments willfollow with additional
submittals. However, the public works department offersthe following comments at this time
tothe applicant and to the planningdepartment:
Engineering:
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The following items need tobe addressed/completed prior to release of the Final Plat for
recording:
1.Execution of a Developer’s Agreement, which needs toinclude provisions for security
for public improvements within the subdivisionand payment of the Street and Utility
Fee and the Watermain Fee.
2.Payment of all Storm Water Management Plan Review Fees need to be made, as
required by the most current City of Shakopee Fee Schedule.
3.Paymentof the Trunk Sanitary Sewer Chargeneedsto be made, as required by the most
current City of Shakopee Fee Schedule.
4.Payment of the Lateral Connection Charge for the Jennifer Lane Sanitary Sewer
Extension Project (per Ordinance Number 913) needs to be made, as required by the
most current City of Shakopee Fee Schedule.
5.Payment of the Trunk Storm Water Charge needsto be made, as required by the most
current City of Shakopee Fee Schedule.
6.Payment of the Sign Installation Fee needs to be made, as required by the most current
City of Shakopee Fee Schedule.
7.Payment of the Bituminous Sealcoat Feeneedsto be made, as required by the most
current City of Shakopee Fee Schedule.
8.The applicant will submit a detailed contractor’s bid for allpublic improvements
associated with this subdivision.
9.The applicant will submit a detailed lot area drawing showing the total plat area, the
totaldrainage and utility easement area encompassing high water levels of
wetlands/storm water basins, the total area of right-of-way,thetotal area of
conservation easements and outlots,the total area of bituminous street and the total
area of lots.
10.The applicant submitted a detailed wetland delineation report and application claiming
no wetlands exist in the subdivision. This application needsto bereviewed by members
of a TEPandneeds to be approved by the City of Shakopee acting in its role as the LGU
for administration of the WCA. The application has been distributed for review and
comment with a formal decision anticipated to occur on Tuesday, May 31, 2016.
11.Should wetlands exist in the subdivision, the applicant will provide the required buffers,
dedicate adequate outlots or conservations easements to encompass the buffers and
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wetlands and provide signage per requirements set forth in Chapter 54.32 of the City of
Shakopee Code of Ordinances.
12.The applicant will need, at a minimum, conditional approval of thesubdivision’sstorm
water management plan.
13.The applicant will submit a detailed memo/report showing the pre-development and
post-development dischargesto the properties to the northin the two (2), ten (10) and
one-hundred (100) year events.
14.The applicant will revise their grading plans in the rear of Lots 1-6 of Block 3 to provide
more useable space for future residents. The current proposal along with the housing
pad depths may not allow for a deck due to the drainage swale and required drainage
and utility easement being so close to the rear of the housing pads. Options to consider
are routing rear yard drainage northbetween housing pads and/or locating the drainage
swale further south, which would probably require the construction of a retaining wall.
15.The applicant will revise their grading plans and storm sewer plans to reflect the
addition of catch basinsin the rear of Lot 1, Block 2 and Lot 6, Block 3to intercept any
drainageprior to entering Jennifer Lane.
16.The applicant will revisetheir plans to reflect ten (10) feet of maintenance bench per
requirements set forth in Section 4, Subdivision 2 of the City of Shakopee Design
Criteria.
17.The applicant will work with the City of Shakopee to place the infiltration system(s) in a
more accessible location, rather than in the rear of Lots 7 and 8 of Block 2.
18.The applicant will submit a detailed geotechnical report outlining any groundwater
encounteredas well as infiltration rates in appropriate locations.
19.Easements willbe shown on the Final Plat as approved by the City Engineer. They
include, but are not be limited to, the following:
Minimum drainage and utility easements for public sanitary sewer and storm sewer
systems need to be dedicated perSection 10.1 (A-D) ofthe City of Shakopee Design
Criteria. Easements for public utilities needto be centered on the alignments.
Provide adequate easementsfor offsite storm sewer, storm water basins,
maintenance accesses and sanitary sewerin compliance with Section 10.1 (A-D)of
the City of Shakopee Design Criteria.
Provide adequate drainage and utility easements to encompass runoff in the rear of
Lots 1-6of Block 3.
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Provide a minimum of ten (10) feet of drainage and utility easement adjacent to all
rear lot lines.
20.Provide electronic files (AutoCAD and Portable Document Format–PDF) of the Final
Plat to be recorded with datum on the Scott County coordinate system.
The following items need tobe addressed/completed prior to approval of a grading permit,
astreet and utility planand/or a building permit:
1.The applicant will need final approval of the subdivision’s storm water management
plan.
2.Theapplicant will grade the entire site, as proposed on the approved plans, in one
phase within one(1)year from the date of approval of the grading permit application.
Grading is defined as bringing the site to the proposed finished grade with materials
deemed acceptable by the City of Shakopee engineering department, providing topsoil
per City requirements and applying seed, mulch and/or sod per City requirements and
providing an as-built record grading plan per Section 2.5 of the City of Shakopee Design
Criteria.
3.Class IV fieldstone riprap and geotextile fabric will be placed at each flared end section.
The riprap and fabric will be installed to the bottom of the storm water basin.
4.The applicant will seed the disturbed storm water basin area with a native vegetation.
The seed mixture, application and maintenance requirements will be determined by the
City Engineer or their assign.
5.The applicant will submit detailed pavement design calculations.
6.The applicant willsubmit alandscaping planin compliance with the most recent version
of the City of Shakopee’s Easement Fencing and Landscaping Policy.
7.No landscaping will be allowed in front yard drainage and utility easements, unless a
detailed plan is submitted clearly showing how all lots will be served by privateutilities.
Prior to submittal, all applicable private utility companies will need toreview and
approve thisplan.
8.Record plans need to be provided per the City of Shakopee Design Criteria, Section 2.5
and Section 11.2 (A-L). The record plans need to be submitted to the engineering
department.
Recommendation
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The public works departmentrecommends approval of the Preliminary and FinalPlat
applicationsubject to the conditionsabovebeing addressed/completedby the applicant.
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CITY OF SHAKOPEE
MEMORANDUM
To:Mark Noble, Project Manager
From:Jamie Polley, ParksandRecreation Director
Date:May 17, 2016
Subject:Preliminary and Final Plat for Prairie Meadows-
DonnayHomes.
INTRODUCTION
The Parks and Recreation AdvisoryBoard reviewed the preliminary and final plat
proposal application for Prairie Meadows development on May 9, 2016. The PRAB and
Staff recommends approval of the requested Preliminary and Final Plat application for
the Prairie Meadowsdevelopment with the following conditions:
1.The applicant shall meet park dedication requirementsby providing the land
consistent with the following formula:
Acreage:26 lots X 3 persons per lot/75 people/acre = 1.04 acres
2.If full park dedication in the form of land cannot be met. The developer must provide
proof as to why it cannot be met and cash will be required to complete the park
dedication requirement.
3.Park Dedication fees in the amount required by the City Codeand adopted City fee
schedule shall be paid at the time of recording of the final plat.
$5,340/lot X 26 lots = $138,840 X % of unmet land dedication
4.The applicant to provide a trail connection with a minimum width of 10 feetfrom
Meadow Lane to the trail along CR 17.
5.The applicant is required to install sidewalk on the west side of Jennifer Lane through
the development.
6.The applicant shall provide and installpark, open space, and trailboundary signage
as determined to be needed by the city. The city shall provide the signage and posts
for the park, and the applicant provide the installation of the signage.The city shall
provide the signagefor open space and trail boundary, and the applicant provide the
posts and installation of the signage.
7.All trails and sidewalks be constructed to meet ADA requirements or guidelines.
10775 Poppitz Ln.
Chaska, MN 55318
Land Surveying
& Engineering
612-418-6828 10
Shakopee, MN
4
Prairie Meadows
5
5
1
Maple Grove, MN 55369
9655 63rd Ave. N.
1
Title and Overall Layout
Prairie Meadows, LLC
VICINITY MAP
ENGINEER/SURVEYOR
OWNER/DEVELOPER
INDEX
WER, SANITARY SEWER, AND WATERMAIN
LEGEND
PRAIRIE MEADOWS
SHAKOPEE, MN
CONSTRUCTION PLANS FOR STREET, STORM SE
10775 Poppitz Ln.
Chaska, MN 55318
Land Surveying
& Engineering
612-418-6828 10
Shakopee, MN
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Prairie Meadows
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Maple Grove, MN 55369
Sewer Plan
9655 63rd Ave. N.
2
Prairie Meadows, LLC
Street and Storm
STORM SEWER FROM
CB-6 TO CB-5
MEADOW COURT/MEADOW LANE
NOTES:
BM ELEV. 934.38
10775 Poppitz Ln.
Chaska, MN 55318
Land Surveying
& Engineering
612-418-6828 10
Shakopee, MN
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Prairie Meadows
5
5
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Maple Grove, MN 55369
Sewer Plan
9655 63rd Ave. N.
3
Prairie Meadows, LLC
Street and Storm
NE TO INFILTRATION BASIN
STORM SEWER FROM MEADOW LA
STORM SEWER FROM MEADOW COURT TO STORM POND
NOTES:
BM ELEV. 934.38
10775 Poppitz Ln.
Chaska, MN 55318
Land Surveying
& Engineering
612-418-6828 10
Shakopee, MN
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Prairie Meadows
5
5
1
Maple Grove, MN 55369
9655 63rd Ave. N.
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Prairie Meadows, LLC
Standard Details
10775 Poppitz Ln.
Chaska, MN 55318
Land Surveying
& Engineering
612-418-6828 10
Shakopee, MN
4
Prairie Meadows
5
5
1
Maple Grove, MN 55369
9655 63rd Ave. N.
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Prairie Meadows, LLC
Standard Details
10775 Poppitz Ln.
Chaska, MN 55318
Land Surveying
& Engineering
612-418-6828 10
Shakopee, MN
4
Prairie Meadows
5
5
1
Maple Grove, MN 55369
9655 63rd Ave. N.
6
Prairie Meadows, LLC
Utility Layout Plan
NOTES:
10775 Poppitz Ln.
Chaska, MN 55318
Land Surveying
& Engineering
612-418-6828 10
Shakopee, MN
4
Prairie Meadows
5
5
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Maple Grove, MN 55369
9655 63rd Ave. N.
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Prairie Meadows, LLC
Utility Plan
NOTES:
MEADOW COURT/MEADOW LANE
BM ELEV. 934.38
10775 Poppitz Ln.
Chaska, MN 55318
Land Surveying
& Engineering
612-418-6828 10
Shakopee, MN
4
Prairie Meadows
5
5
1
Maple Grove, MN 55369
9655 63rd Ave. N.
8
Prairie Meadows, LLC
Utility Plan
WATERMAIN FROM MEADOW LANE TO EAST PROPERTY LINE
WATERMAIN FROM MEADOW COURT TO WEST PROPERTY LINE
SANITARY SEWER FROM MEADOW CT. TO SOUTH STUB
NOTES:
BM ELEV. 934.38
10775 Poppitz Ln.
Chaska, MN 55318
Land Surveying
& Engineering
612-418-6828 10
Shakopee, MN
4
Prairie Meadows
5
5
1
Maple Grove, MN 55369
9655 63rd Ave. N.
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Prairie Meadows, LLC
Watermain Details
10775 Poppitz Ln.
Chaska, MN 55318
Land Surveying
& Engineering
612-418-6828 10
Shakopee, MN
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Prairie Meadows
5
5
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Maple Grove, MN 55369
9655 63rd Ave. N.
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Prairie Meadows, LLC
Watermain Details
10775 Poppitz Ln.
Chaska, MN 55318
Land Surveying
& Engineering
612-418-6828
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Shakopee, MN
4
Prairie Meadows
5
5
1
Maple Grove, MN 55369
9655 63rd Ave. N.
1
Title and Overall Layout
Prairie Meadows, LLC
VICINITY MAP
ENGINEER/SURVEYOR
OWNER/DEVELOPER
SWPPP NOTE
INDEX
EROSION CONTROL
DRAINAGE, AND
LEGEND
PRAIRIE MEADOWS
SHAKOPEE, MN
CONSTRUCTION PLANS FOR GRADING,
10775 Poppitz Ln.
Chaska, MN 55318
Land Surveying
& Engineering
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Shakopee, MN
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Prairie Meadows
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Maple Grove, MN 55369
9655 63rd Ave. N.
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Prairie Meadows, LLC
Grading Plan
GRADING INFORMATION
BM ELEV. 934.83
BUILDING PAD LEGEND
CONSTRUCTION SCHEDULE
TREE REMOVALS
GRADING AND DRAINAGE GENERAL NOTES
GRADING LEGEND
10775 Poppitz Ln.
Chaska, MN 55318
Land Surveying
& Engineering
612-418-6828
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Shakopee, MN
4
Prairie Meadows
5
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1
Maple Grove, MN 55369
Establishment Plan
9655 63rd Ave. N.
3
Prairie Meadows, LLC
Erosion Control and Turf
LEGEND
EROSION CONTROL AND TURF ESTABLISHMENT NOTES:
10775 Poppitz Ln.
Chaska, MN 55318
Land Surveying
& Engineering
612-418-6828
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Shakopee, MN
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Prairie Meadows
5
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Maple Grove, MN 55369
9655 63rd Ave. N.
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Prairie Meadows, LLC
Grading Details
10775 Poppitz Ln.
Chaska, MN 55318
Land Surveying
& Engineering
612-418-6828
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Shakopee, MN
4
Prairie Meadows
5
5
1
Maple Grove, MN 55369
9655 63rd Ave. N.
1
Prairie Meadows, LLC
Tree Survey/Inventory
FORESTRY SPECIALIST
SHEET INDEX
10001001
LEGEND
TREE PRESERVATION PLANS
PRAIRIE MEADOWS
SHAKOPEE, MN
10775 Poppitz Ln.
Chaska, MN 55318
Land Surveying
& Engineering
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Shakopee, MN
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Prairie Meadows
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Maple Grove, MN 55369
Preservation Plan
9655 63rd Ave. N.
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Prairie Meadows, LLC
Tree Removal/
LEGEND
TREE NOTES
10775 Poppitz Ln.
Chaska, MN 55318
Land Surveying
& Engineering
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Shakopee, MN
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Prairie Meadows
5
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Maple Grove, MN 55369
9655 63rd Ave. N.
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Prairie Meadows, LLC
Tree Replacement Plan
LEGEND
QTY.
37
TOTAL REPLACEMENT TREE INCHES PER CITY = 74727687
SIZE/ROOT
6 FT HIGH6 FT HIGH
2" B&B2" B&B2" B&B2" B&B
THORNLESS HONEYLOCUST
REPLACEMENT TREES
BLACK HILLS SPRUCE
NORTHWOOD MAPLE
AMERICAN LINDEN
GREEN SPRUCE
TOTAL TREES
HACKBERRY
NOTES
LEASE AGREEMENT
This LEASE AGREEMENT(“Lease”) is made as of ______________________, 2016
(the “Commencement Date”), by and between the CityofShakopee, a municipal corporation
(“Landlord”),whose address for notice purposes hereunder is1225 Fuller Street South,
Shakopee, MN 55379andETrain LLC, a Minnesota (a Minnesota limited liability company
st
(“Tenant”)whose address for notice purposes hereunder is 9325 1Avenue South, Bloomington
MN 55420.
IN CONSIDERATION OF the mutual agreements herein expressed, the parties agree as
follows:
1. Premises. Landlord hereby leases to Tenant and Tenant leases from Landlord, for the term and
upon the conditions hereinafter provided, a portion of the Shakopee IceArena located at1225
Fuller Street South, Shakopee, Minnesota consisting of approximately 6100square feet of office
space (the “Premises”). The Premises are depicted on the attached Exhibit A. Tenant and its
agents, employees and invitees have the non-exclusive right, along with Landlord and others
designated by Landlord, to the free use of the common areas in the Shakopee Ice Arena and the
land on which it is located, including the parking lot, main entrance, lobby, hallways, bathrooms,
and other similar public areas and access ways. Landlord may change the common areas if the
changes do not materially and unreasonably interfere with Tenant’s access to the Premises or use
of them. Tenant agrees to abide by Landlord’s rules and regulations with respect to the Premises
and common areas in the Shakopee IceArenaand the Landlord’s property, including but not
limited to parking regulations.
2. Term. The lease term (“Lease Term”) shall commence onDecember 1, 2016and end on July
31, 2022(“Initial Term”), unless ended earlier.
3. Monthly Rent. For the Lease Term, Tenant shall pay to Landlord as monthly rent, without
deduction, setoff, priornotice, or demand, the sum as set forth in Exhibit B. Payment must be
received on the first day of each month, commencing on the Commencement Date and
continuing until July 31, 2022.
4. Tenant Improvements. Tenant shall construct, at Tenant’s sole expense,an off ice training
facility on the Premises with a proprietary hockey skating treadmill, a running treadmill, and
potentially a synthetic ice skating rink, office equipment, trade fixtures, furniture and other
portable or movable property(“Movable Equipment”). Tenant shall deliver to Landlord a
complete set of plans and specifications in the form of working drawings or construction
drawings identifying Tenant’s interior layout of the Premises, including complete sets of detailed
architectural, structural, mechanical, electrical, and plumbing working drawings for any and all
Tenant Improvements (“Tenant Improvement Plans”). The Tenant Improvement Plans willbe
prepared by Sperides Reiners Architects Inc.Landlord shall have fifteen (15) days to review the
Tenant Improvement Plans and notify Tenant whetherLandlord approves the same (which
approval shall not be unreasonably withheld or delayed) or the reasons Landlord does not
approve them. Tenant shall have fifteen (15) days to correct any matter on the Tenant
Improvement Plans which Landlord does not approve and to resubmit the revised Tenant
Improvement Plans to Landlord. In the event that Landlord does not approve the Tenant
Improvement Plans within 2 versions submitted by Tenant, then Tenant may cancel this Lease
Agreement and shall only be liable to pay for the months that Tenant actually occupies the
Premises. Any alteration, addition or improvement made to the Premises (other than Movable
Equipment, furniture and other trade fixtures owned by Tenant) will at once become the property
of Landlord andwill be surrendered to Landlord upon expiration or earlier termination of this
Lease.The rights granted to Tenant under this section areexclusive and personal to Tenant and
may not be assigned or transferred to any other party. Unless amended by agreement of the
parties, Tenant shall commence work on the initial Tenant Improvements on or before December
1, 2016and all initial Tenant Improvements shall be completed on or before September 31, 2017.
Continued progress to further enhance facility may be ongoingbeyond September 31, 2017.
5. Tenant’s Use of Premises. Tenant shall use the Premises for off ice hockey and athletic
training services to the general public. Tenant shall not create a nuisance or use the Premises for
any illegal or immoral purposes. The Landlord retains the right to review and approve any retail
items to be soldby Tenant on the Premises. The City’sapproval thereof will not be unreasonably
withheld or delayed.
6. Compliance With Laws. Landlord warrants that on the CommencementDate, the physical
condition of the Premises will comply with all applicable laws, ordinances, rules and
governmental regulations (“Applicable Laws”). During the Lease Term, Landlord shall comply
with all Applicable Laws regarding the physical condition of Premises, except to the extent
Tenant must comply with Applicable Laws. Tenant shall comply with all Applicable Laws
regarding the physical condition of the Premises to the extent the Applicable Laws pertain to the
particular manner in which Tenant usesthe Premises or to the lawful use of the Premises, such as
laws governing maximum occupancy and illegal business operations. In addition:
a.Tenantshall follow applicable lawsregarding age, discrimination policies for
staff hired to work within thePremises.
b.Tenantshall fully comply with all applicable acts and regulations relating in any
way to worker’s compensation, social security, unemployment insurance, hours of
labor, wages, working conditions, Immigration Reform and Control Act of 1986,
andother employer-employee related subjects.
c.Tenantshall comply with all applicable laws when providing all services
authorized hereunder to its customers and patrons.
d.Tenant shall ensure all furnishings, fixtures and equipment comply with local
laws, Building Codes and regulations for installations, as applicable.
7. Services and Utilities. Landlord shall provide at its expense:
a.Heating, ventilation and air conditioning (HVAC) for the Premises to maintain
comfortable temperatures for Tenant’s use of the Premises;
b.Electricity to the Premises in reasonable amounts necessary for Tenant’suseof
the premises, storage, lighting, and HVAC;
c.Trash disposal from building receptacles; and
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d.Maintenance of common areasin the Shakopee IceArena, not part of the
Premises.
8. Tenant Access to Premises. Tenant and its employees, agents and invitees shall have access to
the Premiseson a scheduleto be mutually agreed to in writing by Tenant and the Shakopee Ice
Arena Manager. Upon termination of this Lease, Tenantmust return to Landlord all keys and
locking devices for the Premisesand the Shakopee IceArena.
9. Interruption of Services. Landlord explicitly does not warrant that any services Landlord
supplies to the Premises under this Lease will not be interrupted. Services may be interrupted
because of accidents, repairs, alterations, improvements, or any reason beyond the reasonable
control of Landlord. No interruption shall be considered an eviction or disturbance of Tenant’s
use and possession of the Premises, shall make Landlord liable to Tenant for damages, shall be a
cause for Tenant’s abatement of rent, or shall relieve Tenant from performing any of Tenant’s
Lease obligations.
10. Tenant’s Use and Care of Premises. Tenant shall:
a.Keep the Premises andfixtures in good order;
b.Make repairs and replacements to the Premises needed because of Tenant’s
misuse or primary negligence; and
c.Comply with all applicable environmental laws.
d.Tenantshall maintain and clean the Premiseson a regular daily basis based on
customer usage. This includes cleaning, mopping, disinfecting, and depositing
trash into proper building receptacles.
e.Tenant shall collect all deposits and fees for its customers.
f.The Tenantshall cooperate with the Landlord’sStaff assigned to oversee the
Shakopee IceArena.
g.Public WIFI will be available with no guarantee of up time.
h.Tenantshall pay for and provide any security measures necessary to secure its
equipment, appliances and space (e.g. locks, gates, etc.)and provide access to the
Shakopee IceArena Manager.
i.Tenantshall be responsible for any losses due to theft, employee errors,
vandalism or power failuresoccurring on the Premisescaused solely by Tenant.
j.Tenantshall follow the City’s no smoking and tobacco policy and premises
policies, which regulate permissible activities and does not allow any smoking
within the Shakopee IceArena building or surrounding property.
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k.Tenantshall be responsible to hire, train and supervise appropriate and adequate
staffing to operate the training area.
l.Due to the fact that Tenant shall be in contact with minors at the Shakopee Ice
Arena, Tenant shall maintain and implement a hiring process that provides for a
criminal background checkfor Tenant’s staff working at the Premises throughout
the term of this Lease.
11. Landlord Retained Right. Landlord retains the right to operate ice sales, dry floor special
events, concessions, vending and to provide vendor retail space in the part of the Shakopee Ice
Arena that is not located in the Premises.
12. Landlord Repairs. Except for repairs and replacements Tenant is required to make under
Section 10, Landlord shall pay for and make all other repairs and replacements to the Premises.
13. Time for Repairs. Landlord repairs shall be made within a reasonable time (depending on the
nature of the repair or replacement needed) after Landlord receives notice or has actual
knowledge of the need for a repair or replacement.
14. Surrender of the Premises. Upon the termination of this Lease, Tenant shall surrender the
Premises to Landlord in the same broom clean condition that the Premises were in on the
Commencement Date except for:
a.Ordinary wear and tear;
b.Damage by the elements, fire, and other casualty unless Tenant would be required
to repair such damage under Section 10;
c.Damage arising from any cause not required to be repaired or replaced by Tenant;
and
d.Alterations as permitted by this Lease unless consent to such alterations was
conditioned on their removal.
Upon surrender, Tenant shall remove from the Premises its personal property, trade fixtures, and
any alterations required to be removed under Section 15, and shall repair any damage to the
Premises caused by their removal. Any items not removed by Tenant as required shall be
considered abandoned. Landlord may dispose of abandoned items as Landlord chooses and bill
Tenant for the cost of their disposal, minus any revenues received by Landlord from their
disposal.
15. Alterations. Except with respect to the Tenant Improvements, Tenant shall not make
alterations without Landlord’s advance written consent, following the same process as provided
in Section 4. “Alterations” means additions, substitutions, installations, improvements, and
similar changes to the physical condition of the Premises. Landlord’s consent shall not be
unreasonably withheld or unduly delayed for nonstructural Alterations to the Premises that do
not adversely affect the Shakopee IceArenaappearance, value, and structural strength.
Alterations shall be made solely at Tenant’s expense. Alterations shall belong to Landlord when
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this Lease ends, except for those Alterations required to be removed by Tenant as a condition of
Landlord’s consent to such alterations.
16. Assignment and Subleasing. Tenant shall not mortgage or encumber all or any part of the
Premises. Tenant shall not assign or sublease all or any part of the Premises without Landlord’s
advance written consent.
17. Insurance. The Tenantshall provide the Landlorda Certificate of Insurance naming the
Landlordas an additional insured and have liability insurance in place in an amount equal to the
statutory maximum liability of a government unit with the State of Minnesota as set forth in state
law, which is currently $1,500,000 for each occurrence and $2,000,000 general aggregate.
18. Tenant Indemnification. Tenant shall indemnify, defend, and hold Landlord harmless from
claims for any personal injury, death, or property damage for incidents occurring in, on, or about
the Premises or Shakopee IceArenathat are caused by the negligence or willful misconduct of
Tenant, itsagents, employees or invitees. When a claim is the result of joint negligence or willful
misconduct of Tenant and Landlord or Tenant and a third party unrelated to Tenant, except
Tenant’s agents, employees or invitees, Tenant’s duty to defend,indemnify, and hold Landlord
harmless shall be in proportion to Tenant’s allocable share of the joint negligence or willful
misconduct.
19. Landlord Indemnification. Subject to the maximum liability of Landlord under Minnesota
Statutes, Section 466.04 and exceptions to liability under Minnesota Statutes, Section 466.03,
Landlord shall indemnify, defend, and hold Tenant harmless from claims for personal injury,
death or property damage for incidents occurring in, on or about the Premises or Shakopee Ice
Arenathat are caused by the negligence or willful misconduct of Landlord, its agents or
employees. When a claim is the result of the joint negligence or willful misconduct of Landlord
and Tenant or Landlord and a third party unrelated to Landlord, except Landlord’s agents or
employees, Landlord’s duty to defend, indemnify, and hold Tenant harmless shall be in
proportion to Landlord’s allocable share of the joint negligence or willful misconduct.
20. Tenant’s Default. Any of the following events shall constitute a default by the Tenant
(“Default”):
a.Tenant’s failure to pay Rent within five (15) days after it becomes due;
b.Tenant’s failure to perform any other Tenant obligation after a period of twenty
(20) days from the date Tenant is notified by the Landlord that such obligation
must be performed;
c.Tenant’s abandoning or vacating the Premises if Tenant fails to timely pay the
Rent by the due date; or
d.Tenant’s failure to vacate or stay any of the following within thirty (30) days after
they occur:
i.A petition in bankruptcy is filed by or against Tenant.
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ii.Tenant is adjudicated as bankrupt or insolvent;
iii.A receiver, trustee, or liquidator is appointed for all or a substantial part of
Tenant’s property; or
iv.Tenant makes an assignment of this Lease for the benefit of creditors.
21. Landlord’s Remedies. In addition to the remedies given in this Lease or under the law,
Landlord may do any one or more of the following if Tenant commits a default under Section 20:
a.Terminate this Lease, in which case Tenant shall immediately surrender the
Premises to Landlord;
b.Enter and take possession of the Premises either with or without the process of
law and remove Tenant, with or without having ended the Lease; and
c.Alter locks and other security devices at the Premises or the Shakopee IceArena.
Tenant waives any and all claims for damages by reason of Landlord’s reentry, repossession, or
alteration of locks or other security devices and for damages by reason of any legal process.
22. No Surrender. Landlord’s exercise of any of its remedies or its receipt of Tenant’s keys shall
not be considered an acceptance of surrender of the Premises by Tenant. A surrender must be
agreed to in a writing signed by both parties.
23. Tenant’s Liability for Rent Upon Act of Default. If Landlord terminates this Lease or ends
Tenant’s right to possess the Premises because of a Default by Tenant, Landlord may hold
Tenant liable for Rent and other indebtedness accrued until the date the Lease ends. Tenant shall
also be liable for the Rent and other indebtedness that otherwise would have been payable by
Tenant during the remainder of the Lease Term had there not been a Default, reduced by any
sums Landlord receives by reletting the Premises during the Lease Term.
In addition to its responsibility for Monthly Rent, Tenant shall also be liable for the following
expenses incurred by Landlord in the event of a Default by Tenant:
a.Reasonable broker’s fees paid or incurred by Landlord for reletting part or all of
the Premises;
b.The cost of removing and storing Tenant’s property;
c.The cost of minor repairs, alterations, and remodeling necessary to put the
Premises in a condition reasonably acceptable to a new tenant; and
d.Other necessary and reasonable expenses incurred by Landlord in enforcing its
remedies, including attorney or collection fees.
24. Default by Landlord. Landlord’s failure to perform or observe any of its Lease obligations
after a period of thirty (30) business days from the date of Landlord’s receipt of written notice of
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its failure to perform a lease obligation shall constitute an event of Landlord Default. If such
obligation cannot reasonable be completed within thirty (30) business days, Landlord shall not be
considered to be in default if Landlord takes affirmative stepsto address the problem in a
reasonable time period. An event of Landlord Default shall result in Tenant’s ability to pursue
any remedies given in this Lease or under the law.
25. Self Help in Event of Default. If Tenantcommits an act that constitutes an act of default
under this Lease, Landlordmay, without being obligated and without waiving the default, cure
the default. Landlordmay enter the Premises to cure the default. Tenantshall pay the Landlord
upon demand, all costs, expenses, and disbursements incurred by the Landlord, to cure the
default.
26. Survival of Rights and Remedies. The remedies permitted by Sections 21, 23and 25, and the
parties’ indemnities in Section 18 and 19shall survive the termination of this Lease.
27. Covenant of QuietEnjoyment. Landlord covenants that it has the right to make this Lease
for the Lease Term and covenants that if Tenant shall pay the monthly rent and perform all of the
covenants, terms, and conditions of this Lease to be performed by Tenant, Tenant shall, during
the Lease Term, freely, peaceably, and quietly occupy and enjoy the full possession of the
Premises.
28. Mechanics Liens. Tenant shall, within twenty (20) days after receiving notice of any
mechanic’s lien for material or work claimed to have been furnished to the Premises on Tenant’s
behalf or at Tenant’s request, discharge the lien, or post a bond equal to the amount of the
disputed claim with companies reasonably satisfactory to Landlord. If Tenant posts a bond, it
shall contest the validityof the lien. Tenant shall indemnify, defend, and hold Landlord harmless
from losses incurred from any mechanics liens. If Tenant does not discharge the lien or post
bond within the twenty-day period, Landlord may pay any amounts, including interest and legal
fees, to discharge the lien. Tenant shall then be liable to Landlord for the amounts paid by
Landlord, and Tenant shall reimburse Landlord, in full, within thirty (30) days after receipt of
notice from Landlord.
29. Landlord’s Right of Entry. Landlord and its agents, officials, and employees, may enter the
Premises at reasonable times, and at any time in the case of an emergency, without charge,
liability, or abatement of Rent, to:
a.Make repairs, alterations, improvements, and additions either required by the
Lease or advisable to preserve the safety and physical condition of part orall of
the Premises or Shakopee IceArena;
b.Post notices of non-responsibility;
c.Remove alterations made by Tenant in violation of the Lease; and
Notwithstanding the foregoing, Landlord’s entry is conditional upon Landlord:
a.Giving Tenant at least twenty-four (24) hours advance notice, except in an
emergency;
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b.Promptly finishing any work for which it entered; and
c.Causing the least practical interference to Tenant’s use.
30. Signs. With respect to the Premises, Tenant may affixsignage at a location agreed to by the
parties.The signageshall be approved by Landlord, whose approval shall not be unreasonably
withheld or delayed. Tenant shall not place or have placed any other signs, listings,
advertisements, or any other notices anywhere else in the Shakopee IceArena.
31. No Third Party Beneficiaries. Neither this Lease nor any provision of this Lease shall create
any right in favor of or impose any obligation upon any person or entity other than the parties to
this Lease and their respective successors and permitted assigns.
32. Headings. The section headings used in this Lease are used for convenience only, are not a
part of the Lease and shall not be used in construing it.
33. Entire Agreement. This Lease contains the entire agreement of the parties hereto with
respect to the Premises and supersedes and terminates all prior discussions, negotiations,
understandings, arrangements, and agreements between the parties relating to this Lease. This
Lease may be modified only by a writing executed by and delivered to both parties.
34. Counterparts. This Lease may be executed in any number of duplicate counterparts, each of
which shall be deemed an original and all of which together shall constitute one and the same
instrument.
35. Landlord’s Negative Warranties. Landlord makes no warranties, express or implied, as to the
suitability of the Premises for Tenant’s purposes. It is agreed that Tenant has eitherinspected the
Premises, or been afforded reasonable opportunity to inspect them, and accepts the Premises “As
Is.”Landlord makes no warranty, express or implied, as to the economic viability of the Tenant’s
use of the Premises.
36. Survival of Remedies. The representations and covenants of the parties under this Lease and
the remedies of either party for a breach of such representations and covenants shall survive the
termination of this Lease.
37. Waiver. The waiver of any of the rights or remedies arising under the terms of this Lease on
any one occasion by any party shall not constitute a waiver of any rights or remedies with respect
to any subsequent breach or default of the terms of this Lease. The rights and remedies provided
or referred to under the terms of this Lease are cumulative and not mutually exclusive.
38. Governing Law. This Lease shall be interpreted and construed according to the laws of the
State of Minnesota.
39. Conflict of Interest. Tenant represents and warrants that no member, official, officer, or
employee of Landlord has or shall have any interest, direct or indirect, in this Lease.
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40. Severability. If any provision of this Lease is found to be invalid or unenforceable to any
extent, such provision shall be stricken from the Lease. The invalidity of any provision of this
Lease shall not affect the remaining portions of this Lease.
41. Effective Date. This Lease shall be effective on the Commencement Date.
42. Taxes and Other Charges. Tenant shall pay when due all taxes, assessments, license fees,
permit fees or other charges or fees that may be levied or assessed during the term of this Lease
on account of the transaction of business by Tenant on the Premises. Tenant recognizes and
agrees that the word “taxes” as used in this Section includes any tax which may be imposed and
required to be collected pursuant to Minnesota Statutes, Section 272.01, subd. 2, or similar
successor statute, for the privilege of using and possessing the Premises, in the same amount and
to the same extent as though Tenant were the owner of the Premises.
IN WITNESS WHEREOF, Landlord and Tenant have caused this Lease to be executed
by their duly authorized representatives as of the day and year first above written.
ETRAINLLC
Date:_____________________________________________________________________
Authorized Signature
CITY OF SHAKOPEE
Date:______________________________________________________________________
City Administrator
__________________________________________
Mayor
__________________________________________
City Clerk
STATE OF MINNESOTA)
) SS.
COUNTY OF SCOTT)
The foregoing instrument was acknowledged before me this _____ day of
_______________, 20_____, by, the Mayor and City Clerk of
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the City of Shakopee, a Minnesota municipal corporation, on behalf of the municipal
corporation.
Notary Public
10
TENANT
By:_____________________________
Name:
Title:
STATE OF MINNESOTA)
) SS.
COUNTY OF SCOTT)
The foregoing instrument was acknowledged before me this _____ day of
_______________, 20____, bythe,of
a, on behalf of the company/corporation.
Notary Public
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EXHIBIT A
Premises
To be attached
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EXHIBIT B
Payment Terms
December 1, 2016 or upon completion of the Shakopee Ice Arena-September 31, 2017
$450/month
Year 1-2: October 1, 2017-July 31, 2019
$3.27 per sq/ft
$1,666.66 per month
$20,000/year
Year 3: August 1, 2019-July 31, 2020
$3.44 per sq/ft
$1,750 per month
$21,000/year
Year 4: August 1, 2020-July 31, 2021
$3.60 per sq/ft
$1,833.33 per month
$22,000/year
Year 5: August 1, 2021-July 31, 2022
$3.77 per sq/ft
$1,916.66 per month
$23,000/year
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