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Home My WebLink AboutApril 02, 2019PW*f f�April Shakopee, , ouncil i*%iii %''SHAKOPEE 7:00 PMCity Hall 485 Gorman St. Shakopee Mission Statement The Mission of the City, of Shakopee is to provide the opportunity to live, work and play in a community with a proud past, promising future, and small town atmosphere within a metropolitan setting. A. Keep Shakopee a safe and healthy community where residents can pursue active and quality lifestyles. B. Positively manage the challenges and opportunities presented by growth, development and change. C. Maintain the City's strong financial health. D. Maintain, improve and create strong partnerships with other public and private sector entities. E. Deliver effective and efficient public services by a staff of well-trained, caring and professional employees. E Housekeeping item. Mayor Bill Mars presiding 1. Roll Call 2. Pledge of Allegiance 3. Approval of Agenda 4. Consent Business - (All items listed in this section are anticipated to be routine. After a discussion by the Mayor there will be an opportunity for members of the Council to remove any items from the consent agenda for individual discussion. Those items removed will be considered following the Public hearing portion of the agenda. Items remaining on the Consent Agenda will not be discussed and will be approved in one motion.) A. Administration *4. A.1. *City Council Minutes *4. A.2. *Amend Fund Balance Policy *4. A.3. *Amend Investment Policy *4. A.4. *Sunday On -Sale Liquor License for Pablos *4. A.S. *On -Sale and Sunday Liquor License for Willy McCoy B. Parks and Recreation *4. B.1. *Community Center Gym Project: PA -19-07 C. Planning and Development *4. C.1. *Amendment to the Fee Schedule D. Police *4. D.1. *Summer Jam Noise Suspension Page 1 of 255 E. Public Works and Engineering *4. E.1. *Barenscheer Boulevard Roadway and Utility Project *4. E.2. *Ridge Creek Park Project *4. E.3. *Regional Storm Water Facility at the Scott County Government Center *4. E.4. *Park Restroom Cleaning Contract *4. E.S. *Memorial Park Bridge and Trail Project *4. E.6. *Public Works Department Maintenance Operators 5. RECOGNITION OF INVOLVED CITIZENS BY CITY COUNCIL - Provides an opportunity for the public to address the Council on items which are not on the agenda. Comments should not be more than five minutes in length. The Mayor may adjust that time limit based upon the number of persons seeking to comment. This comment period may not be used to make personal attacks, to air personality grievances, to make political endorsements or for political campaign purposes. Council Members will not enter into a dialogue with citizens, and questions from Council will be for clarification only. This period will not be used to problem solve issues or to react to the comments made, but rather for informational purposes only. 6. Business removed from consent will be discussed at this time 7. Recess for Economic Development Authority Meeting 8. Reconvene 9. General Business A. Parks and Recreation 9. A.1. Ice Arena Turf B. Planning and Development 9. B.1. Resolution Calling for a Public Hearing on TIF 18 9. B.2. Resolution Calling for a Public Hearing on TIF 19 9. B.3. Interfund Loan Resolution for Modifications for River Bluff Development 9. B.4. Resolution Authorizing Application to the Met Council for Cleanup Funding 9. B.S. Resolution Authorizing Submission of Cleanup Grant to DEED C. Public Works and Engineering 9. C.1. Prior Lake Spring Lake Watershed District Presentation 10. Reports 10.ACity Bill List 10.B.Liaison and Administration Page 2 of 255 11. Other Business 12. Adjournment to Tuesday, April 9, 2019 at 7 p.m Page 3 of 255 Shakopee City Council April 2, 2019 FROM: Lori J. Hensen, City Clerk TO: Mayor and Council Members Subject: City Council meeting minutes of March 19, 2019. Policy/Action Requested: Approve the minutes of March 19, 2019. Recommendation: Approve the above motion. Discussion: Budget Impact: ATTACHMENTS: D March 19, 2019 Page 4 of 255 *4.A.1. Mayor Bill Mars presiding Roll Call Shakopee City Council Minutes March 19, 2019 7:00 PM City Hall 485 Gorman St. Present: Mayor Bill Mars, Councilmembers Jody Brennan, Matt Lehman, Jay Whiting, Angelica Contreras Staff Present: Administrator Bill Reynolds, Assistant Administrator Nate Burkett, City Attorney Dave Anderson, Public Works/Engineering Director Steve Lillehaug, Finance Director Darin Nelson, Planning/Development Director Michael Kerski 2. Pledge of Allegiance 3. Approval of Agenda Bill Reynolds removed items 4.13.3. and 11.A. from the agenda. He also confirmed that the resolution for 4.D.2. was properly posted and attached to the agenda even though it was missing in some of the councils packets. Councilmember Jay Whiting made a motion to approve the amended agenda, seconded by Councilmember Jody Brennan and the motion passed. 5-0 4. Consent Business - (All items listed in this section are anticipated to be routine. After a discussion by the Mayor there will be an opportunity for members of the Council to remove any items from the consent agenda for individual discussion. Those items removed will be considered following the Public hearing portion of the agenda. Items remaining on the Consent Agenda will not be discussed and will be approved in one motion.) Whiting removed 4.D.1. for further discussion. Brennan removed 4.13.1. for further discussion. Lehman removed 4.A.3., 4.A.4., 4.13.2., 4.D.2. for further discussion. Councilmember Jay Whiting made a motion to approve the amended consent agenda, seconded by Councilmember Angelica Contreras and the motion passed. Page 5 of 555 5-0 A. Administration *4. A.1. *City Council Minutes Approve the minutes of March 5 and March 12, 2019. (Motion was carried under consent agenda.) *4. A.2. *Closing of the 2008A Debt Service Fund and the Community Center and Ice Arena Capital Project Fund Approve Resolution No. 82019-009 closing the 2008A Improvement Bonds (3042) Debt Service Fund and the Community Center and Ice Arena (4073) Capital Project fund into the 2016A Tax Abatement Debt Service fund. (Motion was carried under consent agenda.) *4. A.3. *Amend Investment Policy Councilmember Jay Whiting made a motion to table until April 2, 2019, seconded by Councilmember Matt Lehman and the motion passed. 5-0 *4. A.4. *Amend Fund Balance Policy Councilmember Jay Whiting made a motion to table until April 2, 2019, seconded by Councilmember Matt Lehman and the motion passed. 5-0 B. Planning and Development *4. B.1. *Final Plat of Windermere South 2nd Addition Councilmember Jody Brennan made a motion to approve Resolution No. R2019- 035, a resolution approving the Final Plat of Windermere South 2nd Addition, seconded by Councilmember Matt Lehman and the motion passed. 5-0 *4. B.2. *Creation of Staff Position of Building Inspector -Electrical Councilmember Jay Whiting made a motion to approve position for Building Inspector -Electrical in the Building Inspection Division of Planning and Development, seconded by Councilmember Angelica Contreras and the motion passed. 5-0 Page 8 of 555 *4. B.3. *Amendment to the Fee Schedule Removed from the agenda. C. Police *4. C.1. *Surplus Property - Bikes/Miscellaneous Authorize Disposal of Surplus Property - Bikes/Miscellaneous. (Motion was carried under consent agenda.) *4. C.2. *Surplus Property - Vehicles Declare five forfeited vehicles as surplus property and authorize their disposal. (Motion was carried under consent agenda.) D. Public Works and Engineering *4. D.1. *Retirement of Mike Hullander Mayor Bill Mars presented a resolution of appreciation for and accepting the retirement and resignation of Mike Hullander. *4. D.2. * 12th Avenue Trail Project - Easement Acquisition Councilmember Angelica Contreras made a motion to approve Resolution R2019- 018, Authorizing Approval of Appraised Values, Offers of Compensation, and Acquisition by Eminent Domain for 12th Avenue Trail Project CIF -20-003, seconded by Councilmember Jay Whiting and the motion passed. 4-1 Nays: Lehman *4. D.3. * 12th Avenue Reconstruction Approve Resolution 82019-034, approving plans and ordering the advertisement for bids for the 12th Avenue Reconstruction Project CIF -19-004. (Motion was carried under consent agenda.) *4. DA. *2018 Bituminous Overlay and Community Center Back Parking Lot Overlay Projects Approve Resolution R2019-033, accepting work on the 2018 Bituminous Overlay Project CIF -18-002 and 2018 Community Center Back Parking Lot PA -18-13 and make a final payment of $66,577.31. (Motion was carried under consent agenda.) 5. RECOGNITION OF INVOLVED CITIZENS BY CITY COUNCIL - Provides an opportunity for the public to address the Council on items which are not on the agenda. Comments should not be more than five minutes in length. The Mayor may adjust that time limit based upon the number of persons seeking to comment. This comment period may not be used to make personal attacks, to air personality grievances, to Page 3 of 555 make political endorsements or for political campaign purposes. Council Members will not enter into a dialogue with citizens, and questions from Council will be for clarification only. This period will not be used to problem solve issues or to react to the comments made, but rather for informational purposes only. 6. Business removed from consent will be discussed at this time See items: 4.A.3., 4.A.4., 4.B.1., 4.B.2., 4.D.1., 4.D.2. 7. Public Hearings 7.A. Vacation of Alley Rights -of -Way Councilmember Matt Lehman made a Motion to open the public hearing, seconded by Councilmember Jody Brennan and the motion passed. 5-0 Councilmember Jay Whiting made a motion to close the public hearing, seconded by Councilmember Jody Brennan and the motion passed. 5-0 Councilmember Matt Lehman made a motion to approve the vacation of all alley right-of-way located within Block 5, East Shakopee, Scott County, Minnesota, seconded by Councilmember Jody Brennan and the motion passed. 5-0 8. General Business A. Administration 8. A.1. Monthly Financial Review - February 2019 Informational only. 8. A.2. Paid Parental Leave Informational only. 9. Reports 9.A. City Bill List Informational only. 9.B. Liaison and Administration Page 9 of 555 10. Other Business 11. Adjourn to Closed Session pursuant to MN Statute 13D.05 subdivision 3 11.A.City Administrator Performance Evaluation 12. Adjournment to Tuesday, April 2, 2019 at 7 p.m. Councilmember Angelica Contreras made a motion to adjourn to April 2, 2019 at 7:00 p.m., seconded by Councilmember Matt Lehman and the motion passed. 5-0 Page 9 of 555 *4.A.2. Shakopee City Council April 2, 2019 FROM: Darin Nelson, Finance Director TO: Mayor and Council Members Subject: Amend Fund Balance Policy Policy/Action Requested: Approve the amended fund balance policy. Recommendation: Approval Discussion: The city's fund balance policy was last revised in October 2010. There hasn't been any outside regulatory requirements that require an update to the policy. Similar to the investment policy update, having updated financial management policies in place will be beneficial for achieving an increase in the city's bond rating. Just as we did with the amended investment policy, staff utilized best practice policy recommendations from both the Government Finance Officers Association (GFOA) and the Office of the State Auditor (OSA) in developing the revised fund balance policy. Revisions were made to the fund balance parameters of both the General Fund and the Enterprise Funds. The General Fund is amended to increase the target level from 35 to 50 percent of the ensuing year's expenditure budget. The previous policy called for an unassigned fund balance of 40 to 45 percent. The larger range provides more latitude for the final fund balance which often requires specific transfers to accommodate the small percentage range. The revised range is also the OSA recommendation. The revised policy also clears up some ambiguity on what criteria the fund balance percentage is calculated. The revised policy calculates the fund balance percentage on the ensuing year's expenditure budget. The prior policy did not specify whether the percentage was based on the current or ensuing year's expenditure budget. Calculating the fund balance Page 10 of 255 on ensuing year's budget is the most logical since fund balance is technically in place to cover expenditures until the next tax payment is received in June of the ensuing year. The enterprise fund balance was also amended. Enterprise funds are funds that are run similar to private businesses, they are supported mainly by user fees. The city's enterprise funds consist of the Sanitary Sewer, Storm Drainage and Refuse. The current policy calls for 3 to 5 months of operating costs and to have at least as much as the amount of accumulated depreciation. Theoretically, there is no need to have cash on hand to cover 100 percent of accumulated depreciation since we would never be rebuilding our entire system in one year, especially on assets that typically have useful lives over 50+ years. The revised policy amends the requirements to cover 6 to 12 months of operations, current year debt service requirements (if any), and maintain 10 percent of accumulated depreciation. 10 percent accumulated depreciation for the Sanitary Sewer and Storm Drainage funds amounts to about $1.5 million, which typically more than covers any annual reconstruction project costs. These amended enterprise fund balance parameters are what we have been using as a guideline for the last year or so when determining annual utility rates and long-term financial forecasts. Any fund balance in excess of the parameters will directed to towards capital outlay projects for that fund's specific purpose via the Capital Improvement Plan (CIP). Budget Impact: N/A ATTACHMENTS: D Fund Balance Policy - Clean Version D Fund Balance Policy - Redline Version Page 11 of 255 P —A FUND BALANCE POLICY Adopted: October 19, 2010 Mae Amended: March 19, 2019 SHAKOPEE Policy Contents A. Scope....................................................................................................................................... 1 B. Definitions...............................................................................................................................1 C. General Fund........................................................................................................................... 2 D. Special Revenue Funds........................................................................................................... 3 E. Debt Service Funds.................................................................................................................. 3 F. Capital Project Funds.............................................................................................................. 3 G. Enterprise Funds..................................................................................................................... 3 H. Internal Service Funds............................................................................................................ 3 I. Order of Fund Balance Spend-down...................................................................................... 3 J. Assigning Fund Balance.......................................................................................................... 3 A. Scope The purpose of the fund balance policy is to provide adequate working capital for cash flow and contingency purposes, while maintaining reasonable tax rates and user fees. The Government Finance Officers Association (GFOA's) guiding principle for classifying the various components of fund balance is to indicate the extent to which the government is bound to honor constraints on the specific purposes for which amounts in the fund can be spent. Following governmental accounting standards, the City has three basic categories: governmental funds, proprietary funds, and fiduciary funds. The fund balance classification policy applies only to the governmental and proprietary categories. B. Definitions 1. Fund Balance/Net Position Fund balance is the difference between the assets and liabilities in a governmental fund. A governmental fund generally involves tax support and the focus of accounting is the flow or control of money. The General, Special Revenue, Debt Service and Capital Projects funds are governmental funds. Net Position is similar to fund balance but applies to enterprise and internal services fund and has a longer-term focus including fixed assets, accumulated depreciation and long-term debt. Page 1 of 3 Page 12 of 255 2. Nonspendable Fund Balance Amounts that are not in a spendable form (e.g., prepaid items and inventories of supplies). Resources that must be maintained intact pursuant to legal or contractual requirements are also considered nonspendable. 3. Restricted Fund Balance — amounts subject to externally enforceable legal restrictions (creditors, grantors, contributors, and by law through constitutional provisions or enabling regulations). 4. Unrestricted Fund Balance —the total of committed fund balance, assigned fund balance, and unassigned fund balance, as described below. a) Committed Fund Balance — amounts that can be used only for the specific purposes determined by a formal action of the government's highest level of decision-making authority (City Council). Commitments may be changed or lifted only by the City Council taking the same formal action that imposed the constraint originally. The City Council must take action on these commitments before year end. b) Assigned Fund Balance —amounts a government intends to use for a specific purpose; intent can be expressed by the government body or by an official or body to which the governing body delegates the authority. c) Unassigned Fund Balance— amounts that are available for any purpose in the general fund. Only the general fund can report a positive amount of unassigned fund balance. C. General Fund The General Fund is established to account for all revenues and expenditures which are not required to be accounted for in other funds. Revenue sources include property taxes, license and permit fees, fines and forfeits, program revenues, intergovernmental revenues, investment interest earnings, and transfers. The General Fund's resources finance a wide range of functions including the operations of general government, public safety, public works, and recreation. The General Fund may have a portion of its fund balance classified as nonspendable if there are long term receivables, inventories, or prepaid items on the balance sheet. The General Fund is the only fund that can have any unassigned positive fund balance. The working capital balance of the general fund will fall into the unassigned fund balance classification. The target level of unassigned fund balance as recommended by the Office of the Minnesota State Auditor is 35 to 50% of ensuing year's expenditure budget. This amount of unassigned fund balance will provide adequate funds until the next property tax revenue collection cycle for cash flow, unexpected decline in revenue such as state aid unallotment and unforeseen expenditures such as natural disasters. Page 2 of 3 Page 13 of 255 Unassigned fund balance can be spent down by City Council action or appropriation or due to emergency situations. Replenishing fund balance when it falls below the target level shall be accomplished by interfund transfers or budgeting for expenditures and other uses to be less than revenue and other sources over a period not to exceed three years. Annually the City Council will decide what to do with the General Fund unassigned fund balance that exceeds 50% of the ensuing year's expenditure budget. Any excess fund balance transfers will not be used as a funding source for ongoing recurring expenditures. Unrestricted fund balance can be spent down by City Council action, appropriation or due to emergency situations. Replenishing fund balance when it falls below the target level shall be accomplished by inter -fund transfers or budgeting for expenditures and other uses to be less than revenue and other sources over a period not to exceed three years. D. Special Revenue Funds These funds shall maintain sufficient fund balance to provide for working capital. E. Debt Service Funds These funds shall maintain sufficient fund balance to provide for the timely payment of principal, interest and service charges. F. Capital Project Funds There are no fund balance requirements for these funds. Long-range planning through use of the Capital Improvement Plan (CIP) and other forecasting methods should be utilized to ensure long-term sustainability. G. Enterprise Funds These funds shall have sufficient equity and liquid assets to provide for six to twelve months operating costs, annual debt service requirements and at least ten percent (10%) of accumulated depreciation to provide for capital outlay. H. Internal Service Funds These funds shall have sufficient equity to smooth out the "peaks and valleys" of major expenditures over the long term; provide funding equal to at least the current liability for employee compensated absences and other post -employment benefits; and provide sufficient funding to take advantage of premium discounts for general liability and workers' comp premiums. I. Order of Fund Balance Spend -down When both restricted and unrestricted resources are available for use, it is the City's policy to first use restricted resources, and then use unrestricted resources as they are needed. When unrestricted resources are available for use, it is the City's policy to use resources in the following order: (1) committed, (2) assigned, and (3) unassigned. J. Assigning Fund Balance The City Council can assign fund balance by expressing its intent or the Finance Director is hereby authorized to assign fund balance. Page 3 of 3 Page 14 of 255 FUND BALANCE POLICY Adopted: October 19, 2010 Pawmej Amended: March 19, 2019 SA OPEE Policy Contents Formatted: Font: (Default) +Body (Calibri) A. Scope....................................................................................................................................... 1 DefinitionsB. C. General Fund...........................................................................................................................3 D. Special Revenue Funds........................................................................................................... 4 E. Debt Service Funds.................................................................................................................. 4 F. Capital Project Funds..............................................................................................................4 G. Enterprise Funds..................................................................................................................... 4 H. Internal Service Funds............................................................................................................ 4 I. Order of Fund Balance Spend-down...................................................................................... 4 J. Assigning Fund Balance.......................................................................................................... 5 . i............................................................................................................................... 1 Spent. Following governmental accounting standards, the City has three basic categories: governmental funds, proprietary funds, and fiduciary funds. The fund balance classification policy applies only to the governmental and oroorietary categories. Page 1 of 5 Page 15 of 255 B. Definitions .1. Fund Balance/ et Position a Formatted: Font: Bold Fund balance is the difference between the assets and liabilities in a governmental fund.® Formatted: Font: Bold A governmental fund generally involves tax support and the focus of accounting is the Formatted: List Paragraph, Numbered + Level: 1 + flow or control of money. The General, Special Revenue, Debt Service and Capital Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Projects funds are governmental funds. Left + Aligned at: 0.25" + Indent at: 0.5", Adjust space between Latin and Asian text, Adjust space between Asian text and numbers Net position similar to fund balance but applies to enterprise and internal services fund and has a longer-term focus including fixed assets, accumulated Formatted: Indent: Left: 0.5" depreciation and long-term debt. ®onsendale tund balance ............ ': Formatted: Strong, Font: Not Bold Amounts that are not in a spendable form (e.g., prepaid items and inventories of Formatted: Numbered + Level: 1 + Numbering Style: 1, supplies). Resources that must be maintained intact pursuant to legal or contractual 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: requirements are also considered nonspendable. 0.25" + Indent at: 0.5", Adjust space between Latin and Asian text, Adjust space between Asian text and Restricted fund balance – amounts subject to externally enforceable legal restrictions numbers ............................................. (creditors, grantors, contributors, and bylaw through constitutional provisions or _. Formatted: Font: 12 pt enabling regulations). '--' -" Formatted: Indent: Left: 0.5", No bullets or numbering Unrestricted fund balance –the total of committed fund balance, assigned fund — ............... ... .................. ....................... ...................—.......................................... Formatted: Font: 12 pt balance, and unassigned fund balance, as described below. Formatted: Numbered + Level: 1 +Numbering Style: 1, ® 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: a) Committed fund balance – amounts that can be used only for the specific purposes 0.25" + Indent at: 0.5" determined by a formal action of the government's highest level of decision-making \ Formatted: Indent: Left: 0.5", No bullets or numbering authority (City Council). Commitments may be changed or lifted only by the City Formatted: Font: 12 pt Council taking the same formal action that imposed the constraint originally. The City Council must take action on these commitments before year end. ®... _.._..._... Formatted: Indent: Left: 0.75", No bullets or b) Assigned fund balance – amounts_ a government intends to use for a specific numbering purpose; intent can be expressed by the government body or by an official or body Formatted: Font: 12 pt to which the governing body delegates the authority.® _ Formatted: Font: Not Bold Formatted: Normal, No bullets or numbering c) fund balance –amounts that are available for any purpose in the *Unassigned general fund. Only the general fund can report a positive amount of unassigned fund _....._....... Formatted: Font: 12 pt balance. Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Page 16 of 255 C. General Fund. required to be accounted for in other funds. Revenue sources include property taxes, license and permit fees, fines and forfeits, program revenues, intergovernmental revenues, investment interest earnings, and transfers. The General Fund's resources finance a wide range of functions including the operations of general government, public safety, public works, and recreation. Formatted: Strong, Font: 12 pt, Font color: Auto Formatted: Font: 12 of The General Fund may have a portion of its fund balance classified as nonspendable if there Formatted: Font: 12 pt are long term receivables, inventories, or prepaid items on the balance sheet. The General Fund is the only tend that can have any unassigned positive tund balance. The Formatted: Font: 12 pt working capital balance of the general fund will fall into the unassigned fund balanceFormatted: Font: 12 pt classification. The target level of unassigned fund balance as recommended by the Office of the Minnesota State Auditor is 3548 to 5045% of ensuing years expenditure budgets. This amount of unassigned fund balance will provide adequate funds until the next property tax revenue collection cycle ap+taf for cash flow, unexpected decline in revenue such as state aid unallotment and unforeseen expenditures such as natural disasters. Unassigned fund balance can be spent down by City Council action or appropriation or due to emergency situations. Replenishing fund balance when it falls below the target level shall be accomplished by interfund transfers or budgeting for expenditures and other uses to be less than revenue and other sources over a period not to exceed three years. Annually the City Council will decide what to do with the General Fund unassigne Ji ne� fund balance that exceeds 50% of the ensuing year's expenditure budgets and transfers Gut. Any excess fund balance transfers will not be used as a funding source for ongoing recurring expenditures. Unrestricted fund balance can be spent down by City Council action or appropriation or due to emergency situations. Replenishing fund balance when it falls below the target level shall be accomplished by inter -fund transfers or budgeting for expenditures and other uses to be less than revenue and other sources over a period not to exceed three years. Page 17 of 255 eategeries are deteFmined by the nature of the fuffd-. "hest-Iffnest shall be useel first. -provide working Gapital for eash flow, unexpeGted i- revenue --k ;,4 urialletment a, expenditures sueh as natural disaslefs— CXI^Special Revenue Funds These funds shall maintain sufficient fund balance mprovide for working capital. M,Debt Service Funds These funds shall maintain sufficient fund balance to provide for the timely payment of principal, interest and service charges. K.,111l,capita|Project Funds There an, no fund balance requirements for these funds. Long-range planning through use of the Capital Improvement Plan (CIP) and other.forecasting..methods should be utilized to ensure long-term sustainability, �;TG:::_Enterprise Funds These funds shall have sufficient equity and liquid assets to provide for six t+m&--to 1welve4vemonths operating costs, annual debt service requirements and te+hawe-atleast ten percent (10 ofaccumulated depreciation 1o,provide for capital mcdox. Q I l III ,_ Internal Service Funds These funds shall have sufficient equity tosmooth out the "peaks and valleys" ofmajor expenditures over the long term/a+d*oprovide #+4 -funding equal to at least the current liability, or employee compensated absences and other post-emploVment benefitsLand provide sufficient funding to take advantage of premium discounts for general liability and workers' comp premiums. Order of Fund Balance Spend -down When both restricted and unrestricted resources are available for use. uisthe otv'somnmtnfirst use restricted resources, and then use unrestricted resources as they are needed. When. unrestricted resources are available for use, it is the Citv's policv to use resources in the following order: (1) committed, (2) assigned, and (3) unassigned. Page 18 of 255 111d.Assigning Fund Balance The City Council can assign fund balance by expressing its intent or the Finance Director is hereby authorized to assign fund balance. Page 19 of 255 *4.A.3. Shakopee City Council April 2, 2019 FROM: Darin Nelson, Finance Director TO: Mayor and Council Members Subject: Amend Investment Policy Policy/Action Requested: Approve the amended investment policy. Recommendation: Approval Discussion: The city's investment policy was last revised in October 2008. There hasn't been significant outside regulatory changes since that time. However, it is still beneficial to review and make sure policies are relevant on regular basis. In addition, having current financial management policies in place will be beneficial in achieving an increase in the city's bond rating. Staff utilized best practice policy recommendations from both the Government Finance Officers Association (GFOA) and the Office of the State Auditor (OSA) in developing the revised investment policy. In addition, there was discussion and review with our investment manager to ensure the policy fits with the city's investment objectives. Budget Impact: N/A ATTACHMENTS: D Investment Policy - Clean Version D Investment Policy - Redline Version Page 20 of 255 Amended:INVESTMENT POLICY Adopted: October 24, 2008 • Policy Contents A. Governing Authority............................................................................................................................. 2 B. Scope.....................................................................................................................................................2 C. General Objectives............................................................................................................................... 2 1. Safety................................................................................................................................................ 2 2. Liquidity............................................................................................................................................3 3. Yield.................................................................................................................................................. 3 D. Standards of Care................................................................................................................................. 3 1. Prudence...........................................................................................................................................3 2. Ethics and Conflicts of Interest........................................................................................................ 3 3. Delegation of Authority................................................................................................................... 4 4. Investing fees....................................................................................................................................4 E. Authorized Financial Institutions, Depositories, and Broker/Dealers................................................4 F. Safekeeping and Custody.....................................................................................................................4 1. Delivery vs. Payment........................................................................................................................ 4 2. Safekeeping......................................................................................................................................4 3. Internal Controls...............................................................................................................................5 G. Suitable and Authorized Investments................................................................................................. 5 H. Investment Parameters........................................................................................................................5 1. Diversification...................................................................................................................................5 2. Performance Standards....................................................................................................................6 3. Maximum Maturities....................................................................................................................... 6 I. Reporting.............................................................................................................................................. 6 J. Depositories..........................................................................................................................................7 K. Approval of Investment Policy.............................................................................................................7 Page 1 of 7 Page 21 of 255 A. Governing Authority The Investment program shall be operated in conformance with governing legislation and other legal requirements. B. Scope This policy applies to the investment portfolio of all funds under the authority and control of the Finance Director/City Treasurer of the City of Shakopee. All cash and investments are pooled together to achieve economies of scale. Per SEC Rule 15B (Municipal Advisor Rule), municipal bond proceeds are not included in pooled investments and will be held in separate identifiable trust accounts. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles. C. General Objectives The primary objectives, in priority order, on investment activities shall be: 1. Safety Safety of principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk. a) Credit Risk The city will minimize credit risk, which is the risk of loss of all or part of the investment due to the failure of the security issuer or backer, by: • Limiting investments to the types of securities listed in Section G of this Investment Policy; • Pre -qualifying and conducting ongoing due diligence of the financial institutions, broker/dealers, intermediaries, and advisers with which the [entity] will do business in accordance with Section E; Diversifying the investment portfolio so that the impact of potential losses from any one type of security or from any one individual issuer will be minimized. b) Interest Rate Risk The city will minimize interest rate risk, which is the risk that the market value of securities in the portfolio will fall due to changes in market interest rates, by: • Structuring the investment portfolio so that security maturities match cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity; Page 2 of 7 Page 22 of 255 • Investing operating funds primarily in shorter -term securities, money market mutual funds, or similar investment pools and limiting individual security maturity as well as the average maturity of the portfolio in accordance with this policy (see section H). 2. Liquidity The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands (static liquidity). Furthermore, since all possible cash demands cannot be anticipated, the portfolio should consist largely of securities with active secondary or resale markets (dynamic liquidity). A portion of the portfolio also may be placed in local government investment pools, which offer same-day liquidity for short-term funds. 3. Yield The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity objectives described above. Securities should not be sold prior to maturity with the following exceptions: • A security with declining credit may be sold early to minimize the loss of principal; • A security swap would improve the quality, yield, or target duration in the portfolio; • Liquidity needs of the portfolio require that the security be sold; • There is a definite economic benefit to be realized. D. Standards of Care 1. Prudence The standard of prudence to be used by investment officials shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with procedures and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations and the sale of securities are carried out in accordance with the terms of this policy. Investments shall be made with judgment and care, under circumstances then prevailing, for investment, considering the probable safety of their capital as well as the probable income to be derived. 2. Ethics and Conflicts of Interest Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. Page 3 of 7 Page 23 of 255 Employees and investment officials shall disclose any material interests in financial institutions with which they conduct business. Employees and officers shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of the city. 3. Delegation of Authority Authority and responsibility for the operation of the investment program is hereby delegated to the Finance Director/Treasurer. The Finance Director shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. The use of an independent third -party investment manager is authorized. 4. Investing fees The General Fund shall be reimbursed from interest earnings for the cost of an investment manager and safe keeping fees. E. Authorized Financial Institutions, Depositories, and Broker/Dealers A list will be maintained of financial institutions and depositories authorized to provide investment services. In addition, a list will be maintained of approved security broker/dealers selected by creditworthiness and/or other factors, such as FINRA broker check. All financial institutions and broker/dealers who desire to become qualified for investment transactions must supply the following as appropriate: • Audited financial statements demonstrating compliance with state and federal capital adequacy guidelines; • Proof of Financial Industry Regulatory Authority (FINRA)certification (not applicable to Certificate of Deposit counterparties); • Proof of state registration; • Certification of having read and understood and agreeing to comply with the city's investment policy; • An annual review of the financial condition and registration of all qualified financial institutions and broker/dealers will be conducted by the investment officer. F. Safekeeping and Custody 1. Delivery vs. Payment All trades of marketable securities will be executed by delivery vs. payment (DVP) to ensure that securities are deposited in an eligible custody account prior to the release of funds. 2. Safekeeping Securities will be held by a [centralized] independent third -party custodian selected by the entity as with all securities held in the city's name. The safekeeping institution shall Page 4 of 7 Page 24 of 255 annually provide a copy of their most recent report on internal controls (Statement of Auditing Standards No. 70, or SAS 70). 3. Internal Controls The investment officer shall establish a system of internal controls, which shall be documented in writing. The internal controls shall be reviewed annually by staff and with the independent auditor. The controls shall be designed to prevent the loss of public funds arising from fraud, employee error, mis-representation by third parties, unanticipated changes in financial markets, or imprudent actions by employees and officers of the city. G. Suitable and Authorized Investments The following investments will be permitted by this policy and are those defined by state law where applicable; • Savings/demand deposits. A financial institution that is qualified as a "depository" of public funds of government entities. The City may hold balances in qualified bank deposits. Funds may be held in checking/savings accounts at approved depository banks. If balances are greater than the FDIC limit, collateral of 110 percent will be held for the excess balances. Non -interesting bearing deposits will be held at a minimum. However, the interest-bearing demand deposit programs that banks provide for next day access to funds will be utilized; • U.S. Government obligations, U.S. Government agency obligations, and U.S. Government instrumentality obligations, which have a liquid market with a readily determinable market value. This includes mortgage-backed pass-through securities issued by any U.S. Government agency; • Certificates of deposit and other evidences of deposit at financial institutions, bankers' acceptances, and commercial paper, rated A-1, P-1, F-1 or higher by at least two nationally recognized rating agencies; • Investment-grade obligations of state and local governments and public authorities. General obligation bonds of a state or local government must be rated "A" or higher at the time of investment by a nationally recognized rating agency. Revenue bonds of a state or local government must be rated "AA" or higher at the time of investment by a nationally recognized rating agency; • Money market mutual funds regulated by the Security and Exchange Commission and whose portfolios consist only of dollar-denominated securities; • Local government investment pools, either state -administered or through joint powers statutes and other intergovernmental agreement legislation, i.e. 4M Fund administered by the League of Minnesota Cities. H. Investment Parameters 1. Diversification The aggregate investment portfolio shall be diversified by: Page 5 of 7 Page 25 of 255 • Limiting investments to avoid over concentration in securities from a specific issuer or business sector (excluding securities back by the US government); • Limiting investment in securities that have higher credit risks; • Investing in securities with varying maturities; • Continuously investing a portion of the portfolio in readily available funds such as local government investment pools (LGIPs) or money market funds to ensure that appropriate liquidity is maintained in order to meet ongoing obligations; • All investments other than in direct obligations or agencies of the United States, secured by collateral, or repurchase agreements, shall not exceed fifty (50) percent of the aggregate investment portfolio. Mortgage-backed securities shall not exceed thirty (30) percent of the aggregate investment portfolio, at time of purchase; • Investment in any one corporation for commercial paper, repurchase agreements or certificates of deposit shall not exceed five (5) percent of the aggregate investment portfolio. 2. Performance Standards The Longer -Term Core funds shall be managed in accordance with the parameters specified within this policy and shall be regularly evaluated against a benchmark. The benchmark will be a blend of eighty (80) percent of the Bloomberg Barclays US Treasury 1 to 5 -year Index and twenty (20) percent of the Bloomberg Barclays MBS Conventional 15 -year Index. This benchmark shall, at a minimum, be reviewed every year to ensure consistency with the City of Shakopee's investment policy and risk tolerances. 3. Maximum Maturities To the extent possible, the City of Shakopee shall attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City of Shakopee will not directly invest in securities maturing more than ten (10) years from the date of purchase, or 10 -year average -life for mortgage-backed securities. Longer- term funds shall not be invested in securities exceeding 10 years in modified duration, at time of purchase. Reporting The Finance Director shall prepare and present to the City Council an investment report at least quarterly. Included in the report shall be the following: • A listing of individual securities held at the end of the reporting period listed by maturity date. • The carrying basis, the current calculated accreted basis and the current market value. • Weighted average yield. • Total return performance measured against the selected benchmark for the Longer - Term funds. Page 6 of 7 Page 26 of 255 J. Depositories Pursuant to Minnesota Statures, Section 118A.02, the Finance Director is authorized to designate as a depository of city funds such national, insured state banks or thrift institutions as defined in MSA 51A.02, Subdivision 23, as deemed proper. The Finance Director is authorized by City Council to approve of the arrangements for safekeeping of pledged collateral in accordance with MSA 118A.03. The depository may at its discretion furnish a bond and/or collateral aggregating the required amount. The City will not accept mortgages as collateral. K. Approval of Investment Policy This policy shall be reviewed on a periodic basis. Any changes must be approved by the City Council. Page 7 of 7 Page 27 of 255 INVESTMENT P-URC14ASING POLICY 444)6 -.G2 -.P Adopted: October 24, 2008N1ay-1-,241-7 Style Definition: TOC 1: Tab stops: 0.31 ", Left + 6.49", Formatted: Font: 12 pt ----------------------------------------------'^ Page 28 of 255 A. Governing Authority The Investment program shall be operated in conformance with governing legislation and This policy applies to the investment portfolio of all funds under the authority and control of the Finance Director/City Treasurer of the City of Shakopee. All cash and investments are pooled together to achieve economies of scale. Per SEC Rule 15B (Municipal Advisor Rule), municipal bond proceeds are not included in pooled investments and will be held in separate identifiable trust accounts. CII ®General The Drimal in priority order, on investment activities shall be: Safety of principal is the foremost objective of the investment program. -Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. -The objective will be to mitigate credit risk and interest rate risk. investment due to the failure of the security issuer or backer, by: s I imitina invPctmpntc to the tvnpc of cpniritipc lictprl in Sprtini • Pre-aualifying and conducting ongoing due diligence of the financial institutions, broker/dealers, intermediaries, and advisers with which the [entity] will do Page 29 of 255 Formatted: Font: 12 pt Formatted: Heading 1, Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" Formatted: List Paragraph, Indent: Left: 0.25" Formatted: Font: (Default) +Body (Calibri) Formatted: Font: Bold Formatted: Heading 1, Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" Formatted: Font: 12 pt Formatted: Indent: Left: 0.25" Formatted: Heading 1, Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" Formatted: Font: Bold Formatted: Font: 12 pt Formatted: Indent: Left: 0.25" Formatted: Font: 12 pt, Bold, Font color: Auto Formatted Formatted: Font: Bold Formatted: Font: 12 pt Formatted Formatted Formatted: Font: (Default) +Body (Calibri), Bold Formatted: Font: (Default) +Body (Calibri) Formatted: Indent: Left: 0.75" Formatted Formatted: Font: (Default) +Body (Calibri) Formatted: Font: 12 pt Formatted: Font: (Default) +Body (Calibri) Formatted: Indent: Left: 0.75", Tab stops: Not at 0.5" Formatted: Font: 12 pt Formatted: Font: (Default) +Body (Calibri) Formatted Formatted: Font: (Default) +Body (Calibri) securities in the portfolio will fall due to changes in market interest rates, by: • Structuring the investment portfolio so that security maturities match cash requirements for ongoing operations, thereby avoiding the need to sell securities Page 30 of 255 Formatted: Font: (Default) +Body (Calibri), Bold, No underline Formatted: Font: (Default) +Body (Calibri), Bold Formatted: List Paragraph, Indent: Left: 0.5", Numbered + Level: 3 + Numbering Style: a, b, c, + Start at: 1 + Alignment: Left + Aligned at: 1.63" + Indent at: 1.88", Tab stops: 1.13", Left + Not at 0.3" Formatted: Font: (Default) +Body (Calibri) Formatted: Indent: Left: 0.75" Formatted: Indent: Left: 0.75", Tab stops: 1.2", List tab + Not at 0.25" + 0.5" Formatted: Font: 12 pt Formatted: Font: (Default) +Body (Calibri) No mutual funds, or similar investment pools and limiting individual security maturity as well as the average maturity of the portfolio in accordance with this The investment oortfolio shall remain sufficiently liauid to meet all ooerati requirements that may be reasonably anticipated.- This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands (static liquidity). -Furthermore, since all possible cash demands cannot be anticipated, the portfolio should consist largely of securities with active secondary or resale markets (dynamic liquidity). -A portion of the portfolio also may be placed in local government investment pools, which offer same-day liquidity for short-term funds. ,,,Yield, The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity objectives described above. Securities should not be sold prior to maturity with the following exceptions: with declining credit may be sold early to minimize the loss of principal., b —A security swap would improve the quality, yield, or target duration in the portfolio., a}—Liquidity needs of the portfolio require that the security be sold., 4—There is a definite economic benefit to be realized. standards of Care Prudence The standard of prudence to be used by investment officials shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with -procedures and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations and the sale of securities are carried out in accordance with the terms of this policy. Investments shall be made with judgment and care, under circumstances then prevailing, for investment, considering the probable safety of their capital as well as the probable income to be derived. Page 31 of 255 Formatted: Font: (Default) +Body (Calibri) Formatted: Indent: Left: 0.75", Bulleted + Level: 1 + Aligned at: 0" + Tab after: 0.25" + Indent at: 0.25", No widow/orphan control, Tab stops: 1 ", List tab + Not at 0.25" Formatted: Font: (Default) +Body (Calibri) Formatted: Font: 12 pt Formatted: Indent: Left: 0" Formatted: Font: 12 pt, Bold, Font color: Auto Formatted: Font: Bold Formatted: Heading 2, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 2 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: 12 pt Formatted: Font: 12 pt, Bold Formatted: Heading 2, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 2 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: 12 pt, Bold, No underline, Font color: Auto Formatted: Font: Bold Formatted: Font: 12 pt Formatted: Font: (Default) +Body (Calibri) Formatted: List Paragraph, Indent: Left: 0.5", Bulleted + Level: 1 + Alianed at: 1.63" + Indent at: 1.88" Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: 12 at Formatted: Heading 1, Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" Formatted: Font: Bold Formatted: Font: (Default) +Body (Calibri), 12 pt, Bold, Font color: Auto J Formatted: Heading 2, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: (Default) +Body (Calibri), Bold Formatted: Font: 12 pt Formatted: Indent: Left: 0.5" and Conflicts of Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. Employees and investment officials shall disclose any material interests in financial institutions with which they conduct business. Employees and officers shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of the city. Delegation of Authority Authority and responsibility for the operation of the investment program is hereby delegated to the Finance Director/Treasurer. -The Finance Director shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. The use of an independent #44 ^a*third party investment manager is authorized. The General Fund shall be reimbursed from interest earnings for the cost of an investment manager and safe keeping fees. All financial institutions and broker/dealers who desire to become qualified for investment transactions must supply the following as appropriate: • Audited financial statements demonstrating compliance with state and federal capital • Proof of Financial Industry Regulatory Authority (FINRA)certification (not applicable to Certificate of Deposit counterparties); • Proof of state registration; • Certification of having read and understood and agreeing to comnly with the citv's • A.—An annual review of the financial condition and registration of all qualified financial Page 32 of 255 Formatted: Font: 12 pt, Bold, Font color: Auto Formatted: Font: Bold, Underline Formatted: Heading 2, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: 12 pt Formatted: Font: 12 pt, Bold, Font color: Auto Formatted: Heading 2, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: Bold, Underline Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt, Bold, Font color: Auto Formatted Formatted: Font: Bold, Underline Formatted: Font: 12 pt Formatted: Font: Bold Formatted: Font: 12 pt Formatted Formatted: Font: (Default) +Body (Calibri) Formatted: Indent: Left: 0.25", Tab stops: 0.3", Left Formatted: Indent: Hanging: 0.25" Formatted: Indent: Left: 0.25" Formatted Formatted: Font: 12 pt Formatted: Font: (Default) +Body (Calibri) Formatted: Font: 12 of Formatted: Font: (Default) +Body (Calibri) Formatted: Font: 12 pt Formatted: Font: (Default) +Body (Calibri) Formatted: Font: 12 pt Formatted: Font: (Default) +Body (Calibri) Formatted: Font: 12 pt Formatted: Font: (Default) +Body (Calibri) Formatted: Font: 12 pt, Bold Formatted: Font: (Default) +Body (Calibri), Bold Formatted: List Paragraph, Indent: Left: 1.38" FF +\F. Safekeeping and ensure that securities are deposited in an eligible custody account prior to the release of funds. the entity as with all securities held in the city's name. The safekeeping institution shall annually provide a copy of their most recent report on internal controls (Statement of Auditing Standards No. 70, or SAS 70). public funds arising from fraud, employee error, mis-representation by third parties, unanticipated changes in financial markets, or imprudent actions by employees and Page 33 of 255 Formatted: Font: Bold Formatted: Heading 1, Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" Formatted: Font: 12 pt, Bold, Not Italic Formatted: Heading 2, Indent: Left: 0.25", Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alianment: Left + Alianed at: 1.13" + Indent at: 1.38" Formatted: Font: (Default) +Body (Calibri) Formatted: Indent: Left: 0.5" Formatted: Font: 12 pt, Bold, Not Italic, Font color: Auto Formatted: Heading 2, Indent: Left: 0.25", Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 1.13" + Indent at: 1.38", Widow/Orphan control, Tab stops: Not at 0.3" Formatted: Font: Bold, Not Italic Formatted: Font: (Default) +Body (Calibri) Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.2" Formatted: Font: 12 pt, Bold, Not Italic Formatted: Heading 2, Indent: Left: 0.25", Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 1.13" + Indent at: 1.38" Formatted: Font: Bold Formatted: Font: (Default) +Body (Calibri) Formatted: Indent: Left: 0.5" Formatted: Font: 12 pt Formatted: Font: (Default) +Body (Calibri) Formatted: Font: 12 pt Formatted: Font: (Default) +Body (Calibri) Formatted: Font: 12 pt Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5", No bullets or numbering, Allow hanging punctuation, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Font Alignment: Auto G®Suitable and Authorized Investments I Formatted: Font: Bold The following investments will be permitted by this policy and are those defined by state law where applicable; s a—Saving-/dPmAnd dpnncitc_ A finanrial inctitutinn that is nualifiPri ac A ♦ - - w1=WWJ I RIXAMMs 1..« �. •RMY 74MR-MoMMIREMOORANw-. �• • U.S. Government obligations, U.S. Government agency obligations, and U.S. Government instrumentality obligations, which have a liquid market with a readily determinable market value. -This includes mortgage-backed pass-through securities issued by any U.S. Government agency, -- 0 Certificates of deposit and other evidences of deposit at financial institu bankers' acceptances, and commercial paper, rated A-1, P-1, F-1 or higher by at least two nationally recognized rating agencies., -Investment-grade obligations of state and local governments and public authorities. General obligation bonds of a state or local government must be rated "A" or higher at the time of investment by a nationally recognized rating agency. Revenue bonds of a state or local government must be rated "AA" or higher at the time of investment by a 11 • Money market mutual funds regulated by the Security and Exchange Commission and whose portfolios consist only of dollar-denominated securities., Page 34 of 255 Formatted: Heading 1, Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" Formatted: Font: 12 pt Formatted: Indent: Left: 0.25" Formatted: Font: (Default) +Body (Calibri) Formatted: List Paragraph, Indent: Left: 0.25", Hanging: 0.25", Bulleted + Level: 1 + Aligned at: 0.5" + Indent at: 1" Formatted: Font: 12 pt, Not Bold Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: 12 pt Formatted: Font: (Default) +Body (Calibri) Formatted: List Paragraph, Indent: Left: 0.25", Hanging: 0.25", Bulleted + Level: 1 + Aligned at: 0.5" + Indent at: 1" Formatted: Font: (Default) +Body (Calibri) Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: 12 pt cal government investment pools, either state -administered or through joint powers statutes and other intergovernmental agreement legislation, i.e. 4M Fund administered by the Leaeue of Minnesota Cities.. H. WI Investment Parameters he aeereRate investment Dortfolio shall be diversified ■• Limiting investments to avoid over concentration in securities from a specific issuer or business sector (excluding securities back by the US government). �• Limiting investment in securities that have higher credit risks. ■• Investing in securities with varying maturities. �• Continuously investing a portion of the portfolio in readily available funds such as local government investment pools (LGIPs) - or money market funds vr�y aU*en+^n*r to ensure that appropriate liquidity is maintained in order to meet ongoing obligations. • All investments other than in direct obligations or agencies of the United States, secured by collateral, or repurchase agreements, shall not exceed fifty -f501 percent of the aggregate investment portfolio. Mortgage-backed securities shall not exceed thirty 130 percent of the aggregate investment portfolio, at time of purchase. In —Investment in any one corporation for commercial paper, repurchase agreements or certificates of deposit shall not exceed fives percent of the aggregate investment portfolio. Page 35 of 255 Formatted: Font: (Default) +Body (Calibri) Formatted: List Paragraph, Indent: Left: 0.25", Hanging: 0.25", Bulleted + Level: 1 + Aligned at: 0.5" + Indent at: 1" Formatted: Font: 12 pt Formatted: Heading 1, Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" Formatted: Font: Bold Formatted: Font: 12 pt Formatted: Font: 12 pt, Bold, Font color: Auto Formatted: Font: Bold, Underline Formatted: Heading 2, Indent: Left: 0.25", Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Alianed at: 1.13" + Indent at: 1.38" Formatted: Font: 12 pt Formatted: Indent: Left: 0.5% Bulleted + Level: 3 + Aligned at: 1.25" + Indent at: 1.5" Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Indent: Left: 0.5", Bulleted + Level: 3 + Alianed at: 1.25" + Indent at: 1.5" ® Formatted: List Paragraph, Indent: Left: 0.95", Bulleted + Level: 3 + Aligned at: 1.25" + Indent at: 1.5", Don't allow hanging punctuation, Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers, Font Alignment: Baseline Formatted: Indent: Left: 0" The Longer Term Core funds shall be managed in accordance with the parameters specified within this policy and shall be regularly evaluated against a benchmark. The benchmark will be a blend of eighty LaOLpercent of the Bloomberg Barclays US Treasury 1-5 year Index A&pp "��c T ^y^,r" ^ '^v and twenty L101percent of the Bloomberg Barclays MBS Conventional 15 -Year Index "n„rrn „^^r, nn^r+„ ^^ r_r nnn 15 YeaF'Rdex. This benchmark shall, at a minimum, be reviewed every year to ensure consistency with the City of Shakopee's investment policy and risk tolerances. Maximum Maturities To the extent possible, the City of Shakopee shall attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City of Shakopee will not directly invest in securities maturing more than ten (10) years from the date of purchase, or 10 -year average -life for mortgage-backed securities. Longer- term funds shall not be invested in securities exceeding 10 years in modified duration, at time of purchase. 1. _:V-H—.Reporting The Finance Director shall prepare and present to the City Council an investment report at least quarterly. Included in the report shall be the following: • A listing of individual securities held at the end of the reporting period listed by maturity date • The carrying basis, the current calculated accreted basis and the current market value. • Weighted average yieldy • Total return performance measured against the selected benchmark for the Longer - Term funds. JDepositories APursuant to Minnesota Statures, Section 118A.02, the Finance Director is authorized to designate as a depository of city funds such national, insured state banks or thrift institutions as defined in MSA 51A.02, Subdivision 23, as deemed proper. The Finance Director is authorized by City Council to approve of the arrangements for safekeeping of pledged collateral in accordance with MSA 118A.03. The depository may at its discretion furnish a bond and/or collateral aggregating the required amount. The City will not accept mortgages as collateral. Page 36 of 255 Formatted: Font: 12 pt, Bold, Font color: Auto Formatted: Font: Bold Formatted: Heading 2, Indent: Left: 0.25", Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 1.13" + Indent at: 1.38" Formatted: Font: 12 pt Formatted: Indent: Left: 0.5". First line: 0" Formatted: Heading 2, Indent: Left: 0.25", Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alianment: Left + Alianed at: 1.13" + Indent at: 1.38" Formatted: Font: 12 pt Formatted: Font: 12 pt, Bold, Font color: Auto Formatted: Font: 12 at Formatted: Heading 1, Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Alianed at: 0" + Indent at: 0.25" Formatted: Font: Bold Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Indent: Left: 0.25", Bulleted + Level: 1 + Aligned at: 0.5" + Indent at: 0.75" Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Heading 1, Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Alianed at: 0" + Indent at: 0.25" Formatted: Font: Bold Formatted: Font: 12 pt Formatted: Indent: Left: 0.25" Formatted: Heading 1, Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" Formatted: Font: Bold Formatted: Font: 12 pt Formatted: Indent: Left: 0.25" : -- ulaFly analyze its Eash flow needs of all funds. Ue City —;11 --11- 5E-- Monies ba&ed en the Formatted: Font: (Default) +Body (Calibri) Page 37 of 255 Shakopee City Council April 2, 2019 FROM: Lori J Hensen, City Clerk TO: Mayor and Council Members Subject: Approval of Sunday On -Sale Liquor License for Pablos Mexican Restaurant. Policy/Action Requested: Approve the Sunday on -sale liquor license for Pablos Mexican Restaurant, 230 S Lewis Street. Recommendation: Approve the above motion. Discussion: Pablos Mexican Restaurant has applied for a Sunday on -sale liquor license for located at 230 S. Lewis Street, Shakopee. The application is in order. The Police Chief has advised that there is nothing that would prohibit the issuance of the license. Budget Impact: None Page 38 of 255 *4.A.5. Shakopee City Council April 2, 2019 FROM: Lori J Hensen, City Clerk TO: Mayor and Council Members Subject: Approval of On -Sale and Sunday On -Sale Liquor License for Willy McCoys of Shakopee LLC. Policy/Action Requested: Approve the on -sale and Sunday on -sale liquor licenses for Willy McCoys of Shakopee LLC, 1710 Crossings Blvd, conditioned upon compliance with all licensing requirements. Recommendation: Approve the above motion. Discussion: Willy McCoys of Shakopee LLC has applied for an on -sale and Sunday on -sale liquor license for a restaurant located at 1710 Crossings Blvd, Shakopee. The application is in order. The Police Department has conducted the customary background investigation and has advised that it identified nothing that would prohibit the issuance of the licenses. Inspections by the Building Department and Fire Department are still needed and will be completed before final issuance of the licenses. Budget Impact: None Page 39 of 255 *4.B.1. Shakopee City Council April 2, 2019 FROM: Jay Tobin, Director of Parks and Recreation TO: Mayor and Council Members Subject: Community Center Gym Project: PA -19-07 Policy/Action Requested: Approve proceeding with project PA -19-07 with preferred vendors. Recommendation: Approve proceeding with project PA -19-07 with preferred vendors. Discussion• Community Center Gym project PA -19-07 was programmed in CIP for Summer 2019 at $50,000.00. The project is planned for late -August upon completion of Summer Programs and prior to start of Fall Programs. Approving the preferred vendors listed below will reduce the project cost to $35,036.00. Painting: Schoenfelder is preferred vendor with bid of $24,971.00 which was lower than Future City with bid of $43,866.88. Pipe Insulation: K -Factor is preferred vendor with bid of $7,020 which is lower than Enervation with bid of $8,740.00. Floor Refinish: American Sports Floors is the only vendor that can complete the project in the timeframe with bid of $3,045.00. Budget Impact: Approval of request reduces cost to $35,036.00 which is $14,964.00 below programmed CIP cost of $50,000.00 Page 40 of 255 *4.C.1. Shakopee City Council April 2, 2019 FROM: Michael Kerski, Director of Planning and Development TO: Mayor and Council Members Subject: Amending current fees for Electrical Permits and fees associated with escrows for erosion control. Policy/Action Requested: Approve Ordinance No. 02019- 006 amending the City of Shakopee Fee Schedule for Electrical Permits and Erosion Control Escrows. Recommendation: Approve policy action as requested. Discussion: The city currently uses the State of Minnesota inspection fee schedule for electrical permits. The proposed fee changes will place the city at the mid -point of similar cities. Some smaller permits will now be less expensive while large commercial projects may be more since there will now be a required plan review. The comparison is not exactly the same since currently there are additional fees for primary connections, panels etc. We are moving to a one complete fee rather than a checklist of fees. The city will be using its own staffed electrical inspector position. Currently, many failed permits do not get reviewed again. The new fee schedule sets up a re -inspection fee. The proposed changes also modify the commercial escrows for erosion control. The current escrow is too small for commercial projects that can consist of acres and there is often no incentive to maintain stormwater control. The city has had issues in the past with regulators on how this is inspected and now has a robust inspection program but the escrow does not Page 41 of 255 match the required need for commercial projects. Budget Impact: The city on an annual average takes in more than $100,000 in electrical permit fees. The changes will lower some fees for smaller electrical residential jobs but increase fees for larger commercial and industrial projects. The fees will now reflect actual time spent in the field. ATTACHMENTS: D Ordinance D Fee Schedule D Complete Amended Fee Schedule Page 42 of 255 ORDINANCE NO. 02019-006 AN ORDINACE AMENDING FEES AND CHARGES FOR THE CITY OF SHAKOPEE WHEREAS, by Ordinance 02018-020, the City Council established a fee schedule effective January 1, 2019; and WHEREAS, the City Council has determined that adjustments to those fees are reasonable and appropriate NOW THEREFORE BE IT ORDAINED, by the City Council of the City of Shakopee, Minnesota, that the Fee Schedule dated January 1, 2019, as amended, is hereby approved and adopted. BE IT FURTHER ORDAINED, that the Fee Schedule shall become effective on April 1, 2019, and any other information, ordinances and resolutions inconsistent herewith shall be amended effective April 3, 2019. Adopted in regular session of the City Council of Shakopee, Minnesota held this 2nd day of April 2019. Mayor of the City of Shakopee Attest: Lori Hensen, City Clerk Published in the Shakopee Valley News on the day of , 2019. 1 Page 43 of 255 ELECTRICAL PERMITS Other Extra Trip Charge or Failure $35 Electronic Processing Fee .0015 times subtotal or $10 minimum State Surcharge .0005 times the Total Job Valuation (Minimum $1) COMMERCIAL All fees are based on valuation, including the cost of labor and materials Exceptions are listed under "Other" Based on total job valuation of $1 to $1,300 $56 Current Fee RESIDENTIAL - One and two-family $5,001 to $10,000 $162 plus 2.40% of amount over $5,000 New Construction - One or Two Family Home $297.50 plus 2.3% of amount over $10,000 $25,001 to $50,000 3,000 SF and below $175 130 3,001 SF and above $225 130 Existing Residential Garages/Basement finishes/Additions/Solar $70 70 Existing One or Two Family Home Renovation $175 135 Reconnection Existing Circuit or Feeder $35 35 Inspection of grounding electrode $35 35 Radon System $35 35 Furnace/AC replacement $35 3S Service Panel $35 35 Swimming Pool $70 70 Other Extra Trip Charge or Failure $35 Electronic Processing Fee .0015 times subtotal or $10 minimum State Surcharge .0005 times the Total Job Valuation (Minimum $1) COMMERCIAL All fees are based on valuation, including the cost of labor and materials Exceptions are listed under "Other" Based on total job valuation of $1 to $1,300 $56 $1,301 to $5,000 $56 plus 2.5% of amount over $1,300 $5,001 to $10,000 $162 plus 2.40% of amount over $5,000 $10,001 to $25,000 $297.50 plus 2.3% of amount over $10,000 $25,001 to $50,000 $651.00 plus 2.1% of amount over $25,000 $50,001 and over $1,186.50 plus 2.00% of amount over $50,000 Permit Fee Minimum of $56 or as calculated above Plan Review 20% of Permit Fee ONLY if the Valuation if over $25,000 State Surcharge .0005 times the Total Job Valuation (Minimum $1) Subtotal Electronic Processing Fee .0015 times subtotal or $10 minimum TOTAL Other Transformer rated up to 10KVA Transformer rated in excess of 10KVA Manufactured Home/RV Supply RV Pedestals Street, Parkinglot, Outdoor, Traffic Standards Power supplies for Signs & Outline lighting Trip Charge Commercial Event Generators Electronic Processing Fee State Surcharge $15/transformer $30 Transformer $35/pedestal $10/Circuit $5 standard $10/power supply $56 $56 trip/ride $56 .0015 times subtotal or $10 minimum .0005 times the Total Job Valuation (Minimum $1) Page 44 of 255 City of Shakopee 2019 Fee Schedule DRAFT— Ordinance 02018-020 Page 45 of 255 City of Shakopee I 48S Gorman St., Shakopee MN SS379 I City Clerk's Office 9S2-233-9300 I Fax: 9S2-233-3801 I www.ShakopeeMN.gov CONTENTS AdministrationFees..............................................................................................................................................................................................4 EconomicDevelopment Fees...........................................................................................................................................................................7 PublicWorks Fees.................................................................................................................................................................................................8 EquipmentService Charges.........................................................................................................................................................................8 Car/Truck Wash................................................................................................................................................................................................ 8 EngineeringFees...................................................................................................................................................................................................9 PrivateDevelopment......................................................................................................................................................................................9 GeneralEngineering.....................................................................................................................................................................................12 PlanningFees........................................................................................................................................................................................................15 Information/document fees.......................................................................................................................................................................15 LandDivision Administration Fees..........................................................................................................................................................16 LandUse Administration Fees..................................................................................................................................................................16 BuildingInspection Fees...................................................................................................................................................................................18 Building Permit Fees for both New Construction and Additions/Remodels..........................................................................18 NewConstruction Fees................................................................................................................................................................................18 NewConstruction Escrows.........................................................................................................................................................................19 StateSurcharge: Permits.............................................................................................................................................................................20 Additionsand Remodels Fees...................................................................................................................................................................20 OtherBuilding Inspection Fees.................................................................................................................................................................21 Natural Resources Fees and Securities.......................................................................................................................................................24 Fees.....................................................................................................................................................................................................................24 FinancialSecurity............................................................................................................................................................................................24 FireDepartment Fees........................................................................................................................................................................................25 Fireworks...........................................................................................................................................................................................................25 FireProtection Equipment Permit...........................................................................................................................................................25 PoliceDepartment Fees....................................................................................................................................................................................28 Parksand Recreation Fees...............................................................................................................................................................................29 CommunityCenter Fees..............................................................................................................................................................................29 IceArena Fees.................................................................................................................................................................................................30 RecreationProgram Fees............................................................................................................................................................................31 SportsAssociations.......................................................................................................................................................................................31 Non -Resident Fees........................................................................................................................................................................................31 ParkFacilities...................................................................................................................................................................................................32 SanclVentureAquatic Park..........................................................................................................................................................................35 2019 City of Shakopee Fee Schedule — v1.1.19 Page 46 of 255 Page 2 of 32 City of Shakopee I 48S Gorman St., Shakopee MN SS379 I City Clerk's Office 952-233-9300 I Fax: 9S2-233-3801 I www.ShakopeeMN.gov City of Shakopee -recognized service groups.....................................................................................................................................36 2019 City of Shakopee Fee Schedule — v1.1.19 Page 47 of 255 Page 3 of 32 City of Shakopee 1485 Gorman St., Shakopee MN 55379 I City Clerk's Office 952-233-9300 1 Fax: 952-233-3801 I www.ShakopeeMN.gov irrniinns vatioin Fees Outdoor Performance Center (City Code 115.01) $520 Show, Non -Transient Theme Parks, Amusement Parks, etc. (City Code 110.080) $150 • Annual license fee per ride $50/ride • Show without rides $80 • Non -transient theme parks Per agreement Cable Franchise Application (Resolution 6696) $350 + $7,500 Jump Drive copy of Government- Requested Data $5/each Pawnshops and Secondhand Dealers (City Code 113.01) Annual fee for On -Sale Club • Annual license fee $2,500 • Initial license one-time investigation fee $345 • Investigation fee for each new employee $100 • Pawnshop billable transaction fee $1.50 Tobacco License (City Code 110.025) If investigation within Minnesota • Annual license fee $200 • Initial license one-time investigation fee $150 Sale of Beer, Liquor, Wine, Setup, Club, Taproom, Small Brewer and Temporary Beer License (City Code 114.06) Annual fee for On -Sale Beer & Taproom $312 Annual fee for Off -Sale Beer $100 Temporary Beer and Liquor $35 Annual fee for Setup $125 Annual fee for On -Sale Wine 1/2 of On -Sale Liquor or $2,000, whichever is greater Annual fee for On -Sale Club $300 Annual fee for Sunday Liquor $200 Annual fee for Off -Sale Liquor $150 Application and investigation fee for Off/On-Sale Liquor or Wine License: If investigation within Minnesota $330 Outside Minnesota City expenses up to $10,000 with $1,100 deposit Application and investigation fee for Taproom/Small Brewer: If investigation within Minnesota $300 Outside Minnesota City expenses up to $10,000 with $1,100 deposit Investigation fee for Off/On-Sale Beer $150 2019 City of Shakopee Fee Schedule — v1.1.19 Page 48 of 255 Page 4 of 32 City of Shakopee 148S Gorman St., Shakopee MN SS379 I City Clerk's Office 952-233-9300 I Fax: 9S2-233-3801 I www.ShakopeeMN.gov Annual Fee for On -Sale Liquor/Small Brewer: Customer -Used Floor Area Outdoor seating: Additional fee shall be computed at one-third of whatever the fee would be for the additional square footage of customer -used floor area for the outdoor seating. Under 1,000 sq. ft. $3,705 1,000 - 1,999 sq. ft. $4,390 2,000 - 2,999 sq. ft. $5,080 3,000 - 3,999 sq. ft. $5,765 4,000 - 4,999 sq. ft. $6,445 5,000 - 5,999 sq. ft. $7,140 6,000 - 6,999 sq. ft. $7,820 7,000 - 7,999 sq. ft. $8,510 8,000 - 8,999 sq. ft. $9,195 9,000 - 9,999 sq. ft. $9,875 Over 10,000 sq. ft. $10,570 Massage License (City Code 116.01) • Investigation fee $50 • Massage Therapist license fee $50 • Massage Therapy Business license fee $100 • Massage Therapy Business license renewal fee $20 Refuse Hauler Collection Annual Rates (City Code 51.01) $125 Pet Store Application • Investigation fee s0 • One-time license $100 Peddlers/Solicitors (City Code 112.01) • Investigation fee $50 • Annual weekly license - Peddlers only $50 • Annual six-month license - Peddlers only $105 • Annual yearly license - Peddlers only $160 Transient Merchant (City Code 112.01) • Investigation fee $50 • Annual weekly license $50 • Annual six-month license $105 • Annual yearly license $160 Mobile Food Unit $50 Taxicabs and Drivers (City Code 110.025) • Annual fee for Taxicab Business license $275 • Annual fee for Taxicab Drivers license $35 • Annual fee for each vehicle $16 2019 City of Shakopee Fee Schedule - v1.1.19 Page 49 of 255 Page 5 of 32 City of Shakopee 148S Gorman St., Shakopee MN SS379 I City Clerk's Office 952-233-9300 I Fax: 9S2-233-3801 I www.ShakopeeMN.gov • Initial license one-time investigation fee: o Taxicab License $150 o Taxicab Driver's License $100 Currency Exchange License Review (State law required) $50 Shakopee Brick (for renovation projects) $1/brick Office Charges • Photocopy & duplication fees $.25/side/page • Service charge for each check returned (NSF) $30 Upon receipt of an NSF check, no additional checks will be accepted from presenter Late Fees 1%/month after 90 days delinquency Service Fee for Certification (assessing) Delinquent Accounts $25/parcel 2019 City of Shakopee Fee Schedule — v1.1.19 Page 50 of 255 Page 6 of 32 City of Shakopee 1485 Gorman St., Shakopee MN 55379 I City Clerk's Office 952-233-9300 1 Fax: 952-233-3801 I www.ShakopeeMN.gov Il::::coinoirnic Development Il=:ee Tax Increment Financing Application Fee $12,000 escrow Tax Abatement Application Fee $12,000 escrow Minnesota Investment Fund Application Fee $6,000 escrow Unused escrow funds will be returned and additional fees above these amounts will be the responsibility of the applicant. Private Activity Revenue Bonds (Conduit Debt) (Resolution 7318) Application fee $1,000 Administration fee at closing $10,000 or 0.5% of principal bond, whichever is greater with maximum of $50,000 Refund previous bond issue $10,000 or 0.25% or principal refunding bond, whichever is greater with maximum of $50,000 Bond administration fee 25% of the principal amount of refunding bond or $10,000 minimum, whichever is greater with maximum of $50,000 All fees and expenses in relation to the issuance of the bonds, including the fees of the city's bond counsel, shall be the responsibility of the applicant regardless of whether the bonds are actually issued. 2019 City of Shakopee Fee Schedule — v1.1.19 Page 51 of 255 Page 7 of 32 City of Shakopee 148S Gorman St., Shakopee MN SS379 I City Clerk's Office 952-233-9300 I Fax: 9S2-233-3801 I www.ShakopeeMN.gov Public Woidk5 Fees EQUIPMENT SERVICE CHARGES All drivable equipment rates include an operator with a minimum rental time of two hours Front End Loader $122/hour Tractor $106/hour Elgin Street Sweepers • Regenerative Air $133/hour • Mechanical Broom $111/hour Single -Axle Dump Truck $101/hour • With Plow and Wing $122/hour Single -Person Aerial Bucket Truck $90/hour 1 -Ton Pickups $69/hour • With Plow $79/hour Water Tanker/Flusher $101/hour Trash Compactor $79/hour Mower Tractor • Turf Type $69/hour • With Side and Rear $87/hour Weed Mowing (Rough) $87/hour Asphalt Roller 1-1 1/2 Ton $69/hour Skid Steer $84/hour Small Grader $90/hour Wood Chipper $64/hour Sewer Jet Cleaning $122/hour Vacuum Inductor $101/hour Bituminous Street Repair Time and materials basis only CAR/TRUCK WASH $7/$9 per wash 2019 City of Shakopee Fee Schedule — v1.1.19 Page 52 of 255 Page 8 of 32 City of Shakopee 148S Gorman St., Shakopee MN SS379 I City Clerk's Office 952-233-9300 I Fax: 9S2-233-3801 I www.ShakopeeMN.gov I1::.:: giineering If=ee° PRIVATE DEVELOPMENT Street, utility and water main fees for private developments apply in situations where developers decide to construct the public improvements themselves rather than have the City of Shakopee construct them via a public improvement project. The fees and charges collected are intended to reimburse the city for all direct and indirect costs incurred by the Public Works Department to process the development application, process and administer the project, review and approve the plans for the project, inspect the construction of the project and inspect and maintain the project once complete. The fees and charges below are collected prior to recording of the plat, unless otherwise noted. The percentages and rates are based on historical costs incurred by the city and are reviewed on an annual basis. Street and Utility Fee This fee is a lump sum of 7.5% of the construction costs for the following public improvements: streets, sidewalks, boulevard trees, sanitary sewer, storm sewer and other associated appurtenances. Watermain Fee This fee is a lump sum of 4% (this includes 1.5% for administration and 2.5% for plan review/coordination) of the construction costs for the following public improvements: watermain and other associated appurtenances. Please note, Shakopee Public Utilities (SPU) requires separate fees/charges not listed in this document. Therefore, you will need to contact SPU at 952-445-1988 to obtain these amounts. Wetland Conservation Act (WCA) Administration Please note, if outside consultants are used, their total costs will be charged to the developer. If City of Shakopee employees are used, their hourly rates and a multiplier of 2.0 will be charged to the developer. • WCA Application $79/application + hourly rates Storm Water Management Plan Review Fee Please note, if outside consultants are used, their total costs will be charged to the developer. If City of Shakopee employees are used, their hourly rates and a multiplier of 2.0 will be charged to the developer. Trunk Sanitary Sewer Charge This charge is applicable per the City of Shakopee's Trunk Sanitary Sewer Charge Policy. The developable area is defined as the total area of the final plat, less areas of outlots, right-of-way, lakes, wetlands, easements encompassing high water level storm ponds, conservation easements and parks. • Trunk Sanitary Sewer Charge $2,982/net developable acre Lateral Sanitary Sewer Connection Charge • County Road 83 Sanitary Sewer Lateral Connection Charge $1,375/SAC unit This charge is applicable to all properties and developments connecting to the sanitary sewer extending from the south plat boundary of the Church Addition to the north plat boundary of the River Valley Estates 1st and 2nd Additions. Sanitary Sewer Service Availability Charge (SAC) units are calculated using the most recent version of the Metropolitan Council SAC Procedures Manual. The charge is due when a property connects to the lateral or prior to the recording of a final plat for a development connecting to the lateral. 2019 City of Shakopee Fee Schedule — v1.1.19 Page 53 of 255 Page 9 of 32 City of Shakopee 148S Gorman St., Shakopee MN SS379 I City Clerk's Office 9S2-233-9300 I Fax: 9S2-233-3801 I www.ShakopeeMN.gov • Jennifer Lane Sanitary Sewer Lateral Connection Charge $5,665.10/acre This charge applies to all properties and developments abutting Jennifer Lane and connecting to the Jennifer Lane Sanitary Sewer between Valley Creek Crossing 2nd Addition to Wood Duck Trail. The charge is to be collected at the time of connection to the public sanitary sewer or the recording of a final plat for a development utilizing the sanitary sewer, whichever is earlier. • Whispering Oaks Sanitary Sewer Lateral Connection Charge $4,168.06/SAC unit This charge applies to all future properties and developments connecting to the sanitary sewer extending along Muhlenhardt Road between County Highway 16 and Horizon Drive and along Horizon Drive between Muhlenhardt Road and County Highway 18. The charge is to be collected at the earlier of the time of connection to the public sanitary sewer or the recording of a final plat for a future development utilizing the sanitary sewer. Sanitary Sewer Availability Charge (SAC) units are calculated using the most recent version of the Metropolitan Council SAC Procedures Manual. VIP and VIP II Connection Charges The Valley Industrial Park (VIP) charges are applicable to properties and developments connecting to the VIP and VIP II sanitary sewers located in the Old Urban Shakopee. The charge is due when a property connects to the lateral or prior to the recording of a final plat for a development connecting to the lateral. • VIP Connection Charge • VIP II Connection Charge Trunk Storm Water Charge $1,340/acre $512/acre This charge is applicable per the City of Shakopee's Trunk Storm Water Charge Justification Report. The developable square footage is calculated by taking the total area of the development minus the total areas for outlots, rights-of-way, lakes, wetlands, easements encompassing high water levels of storm ponds, conservation easements and parks. The developable area is defined as the total area of the final plat, less areas of outlots, right-of-way, lakes, wetlands, easements encompassing high water level storm ponds, conservation easements and parks. Please note, for commercial and industrial developments, this charge is due at the time of building permit issuance. • Trunk Storm Water Charge Trunk Storm Water Storage and Treatment Charge $0.139/developable sq. ft. This charge is applicable per the City of Shakopee's Trunk Storm Water Charge Justification Report and is charged to all developments utilizing regional storm ponding systems. The developable square footage is calculated by taking the total area of the development minus the total areas for outlots, rights-of-way, lakes, wetlands, easements encompassing high water levels of storm ponds, conservation easements and parks. Please note, for commercial and industrial developments, this charge is due at the time of building permit issuance. Density of development (three or less lots/acre) Density of development (more than lots/acre) • Commercial/Industrial developments Regional Infiltration Pond Charge This charge is applicable to all developments utilizing regional infiltration pond systems. • Regional Infiltration Pond Charge $0.069/developable sq. ft. $0.138/developable sq. ft. $0.231/developable sq. ft. $1,383/new impervious acre 2019 City of Shakopee Fee Schedule — v1.1.19 Page 54 of 255 Page 10 of 32 City of Shakopee 1485 Gorman St., Shakopee MN 55379 I City Clerk's Office 952-233-9300 1 Fax: 952-233-3801 I www.ShakopeeMN.gov Water Connection Charge (WCC) The Shakopee Public Utilities Commission's (SPU) WAC = Trunk Water Charge (TWC) + Water Connection Charge (WCC) as defined by SPUC. The TWC is due at the time "water availability" is desired by the property owner, usually at time of platting. The TWC can sometimes be paid by city assessments but is usually paid in a lump sum directly to SPU by the property owner/developer. SPU defines property areas granted water availability by resolution. In some instances, water mains are adjacent to a given property, but the TWC has not yet been paid and consequently water is not yet available. In all cases, prior to water main construction plan approval for water mains to be installed within property the applicable TWC must be paid in advance of plan approval. The WCC is due at the time a building permit is requested for new construction or building expansion. The WCC is paid directly to SPU and is usually based on the Metropolitan Council's SAC unit determination plus an additional per -square -foot charge for "industrial use" spaces. SPU's WCC policy provides for additional WCC fees based on actual water usage that is in excess of the assigned SAC unit values. Please note Shakopee Public Utilities calculates and collects these charges. Therefore, you will need to contact them at 952- 445-1988 to obtain these amounts. Sign Installation Fee • Street name sign installation $303/sign pole • Traffic control sign installation $124/sign • Conservation easement/wetland sign or post installation $34/sign or post • Temporary no -parking sign installation $15/sign Bituminous Sealcoat Fee This fee is for costs associated with the first bituminous -paved streets in the development. The rate is based on the most recent contract unit price(s) the City of Shakopee receives plus 3% for the following year's increases and administration costs. • Bituminous sealcoat $1.62/square yard of bituminous paved street Grading Permit Fee Please note, the cost associated with site grading is not based on the purchase price of any fill, but rather the cost to move/place/compact it once on the site. This fee is due at the time of grading permit issuance. Projects costing up to $200,000 5.5% of the cost associated with the site grading and all erosion control measures. The minimum fee is $50. Projects costing more than $200,000 $11,000 + 3% of all costs associated with the site grading and all erosion control measures in excess of $200. Unauthorized Work Fee Up to double the permit fee National Pollutant Discharge Elimination System (NPDES) Permit Program Fee The NPDES permit program is a mandate set forth by the Environmental Protection Agency's Clean Water Act and it is administered by the Minnesota Pollution Control Agency (MPCA). The goal of this permit, according to the MPCA, is to "reduce the amount of sediment and pollution that enters surface and ground water from storm sewer systems to the maximum extent practicable." Please note, if outside consultants are used, their total costs will be charged to the developer. If City of Shakopee employees are used, their hourly rates and a multiplier of 2.0 will be charged to the developer. 2019 City of Shakopee Fee Schedule — v1.1.19 Page 55 of 255 Page 11 of 32 City of Shakopee 1485 Gorman St., Shakopee MN 55379 I City Clerk's Office 952-233-9300 1 Fax: 952-233-3801 I www.ShakopeeMN.gov GENERAL ENGINEERING The general engineering fees collected are intended to reimburse the City of Shakopee for all direct and indirect costs incurred by the Public Works Department to process, prepare, review and inspect the various projects and requests. The percentages and rates are based on historical costs incurred by the city and are reviewed on an annual basis. City Improvement Projects and Miscellaneous Work A fee for administration of all City of Shakopee improvement projects is applicable in the amount of a lump sum fee of 1 percent of the costs associated with the project. Please note, if outside entities are used, their total costs will be added to the fee. Grading Permit Fee Please note, the cost associated with site grading is not based on the purchase price of any fill, but rather the cost to move/place/compact it once on the site. This fee is due at the time of grading permit issuance. Projects costing up to $200,000 5.5% of the cost associated with the site grading and all erosion control measures. The minimum fee is $50. Projects costing more than $200,000 $11,000 + 3% of all costs associated with the site grading and all erosion control measures in excess of $200. Unauthorized Work Fee Up to double the permit fee National Pollutant Discharge Elimination System (NPDES) Permit Program Fee The NPDES permit program is a mandate set forth by the Environmental Protection Agency's Clean Water Act and it is administered by the Minnesota Pollution Control Agency (MPCA). The goal of this permit, according to the MPCA, is to "reduce the amount of sediment and pollution that enters surface and ground water from storm sewer systems to the maximum extent practicable." Please note, if outside consultants are used, their total costs will be charged to the property owner. If the City of Shakopee employees are used, their hourly rate and a multiplier of 2.0 will be charged to the property owner. Right -of -Way Permit Fee Registration fee (annual) $60/registration Excavation permit fee General Work and Commercial Services (drop) $150/each or $150/drop Emergency $300/each New/replacement service connection, (drop) Non- $40/each or $40/drop commercial Trench and Directional Boring $150 + $0.50/ft.Ifjoint trench, $100 +$0.25/ft per each utility Cable pull in duct (if separate from duct work installation) $150 + $0.25/ft. Obstruction Permit Fee $150/each up to 3 days, $300/each more than 3 days 2019 City of Shakopee Fee Schedule — v1.1.19 Page 56 of 255 Page 12 of 32 City of Shakopee 148S Gorman St., Shakopee MN SS379 I City Clerk's Office 9S2-233-9300 I Fax: 9S2-233-3801 I www.ShakopeeMN.gov Delay Fee $150 + $50/week Small Wireless Facility Permit Fee $150/each Small Wireless Facility Annual Rent (collocation) $175/annually Small Wireless Facility Collocation Agreement $2500 Permit extension $30+ $30/week Degradation fee $300 + All costs incurred to repair the street to the • Computer/Plotter-generated map (Minimum of $15/each) appropriate street restoration detail plates if the • City of Shakopee street index map (large) permittee elects not to repair the street. Unauthorized work $300 + double the permit fee (maximum of $1,000) Curb cut $250/each Encroachment Agreement Fee $150/each agreement Other work not specified above Fee based on all costs incurred by staff (minimum of • City of Shakopee Design Criteria $75) Miscellaneous • Assessment search report $25/each Something about seeing them online • Complete or partial assessment rolls or reports (For shipping if applicable) $25/roll or report +$5 • Splitting special assessments/parcels $600/request • Flood plain verification $40/each • Topographic/Infrastructure map (Hard copy and electronic) $30 + $45/hour • Computer/Plotter-generated map (Minimum of $15/each) $60/hours • City of Shakopee street index map (large) $8/each • City of Shakopee map (large) $10/each • Aerial map (small) $15/each • Aerial map (large) $50/each • City of Shakopee Standard Specifications and Detail Plates $10/each • City of Shakopee Design Criteria $10/each Storm Water Drainage Utility This fee is charged per Residential Equivalent Factor (REF) * Acre/Billing Cycle (monthly). One REF is defined as the ratio of the average volume of runoff generated by one acre of a given land use to the average volume of runoff generated by one acre of typical residential land during a standard one-year rainfall event. • Citywide fee $7.80/REF*acre/billing cycle (monthly) Sewer Service Fixed fee $2.75/billing cycle For every 1,000 gallons or part thereof of metered flow or water usage: City rate $0.85/billing cycle 2019 City of Shakopee Fee Schedule — v1.1.19 Page 57 of 255 Page 13 of 32 City of Shakopee 1485 Gorman St., Shakopee MN 55379 I City Clerk's Office 952-233-9300 1 Fax: 952-233-3801 I www.ShakopeeMN.gov Metropolitan Council Environmental Services rates $2.63/billing cycle Unmetered residential water accounts $25/billing cycle Summer sewer cap 115% of a winter month City Sanitary Sewer Service Charge (SAC) This charge is applicable to various residential, commercial, public and institutional facilities. The Metropolitan Council determines the total number of units for each facility by utilizing the most recent edition of the Metropolitan Council SAC Procedures Manual. • City SAC $515/unit 2019 City of Shakopee Fee Schedule — v1.1.19 Page 58 of 255 Page 14 of 32 City of Shakopee 148S Gorman St., Shakopee MN SS379 I City Clerk's Office 952-233-9300 I Fax: 9S2-233-3801 I www.ShakopeeMN.gov IPll in in inng Fees INFORMATION/DOCUMENT FEES Long -Range Planning Documents • Comprehensive Plan CD $25 • Comprehensive Plan (paper copy) $175 Note: The city's 2030 Comprehensive Plan is available on the city website. $75 City Codes $30 • Chapter 151— Zoning Ordinance $25 • Chapter 150 — Subdivision Regulations $20 Note: Shakopee City Code is available at www.ShakopeeMN.gov/citycode. Maps • Zoning (22"x34") $10 • Land Use (11"x17") $3 • Development (11"x17") $3 Services • Zoning verification letter - Simple $100 • Zoning verification letter— Complex $250 • Courier services Fee to be determined In the event that courier services are required or requested by the applicant, the city shall not be responsible for any charges associated with this service. The applicant must pay all associated costs within 10 days or at the time of release of any document or approval, whichever comes first. Recording Fees (established by Scott County) • Abstract and Torrens documents, Plats/RLS/CIS Varies Fees vary per Scott County regulations and will be charged back to the applicant. Sign Permit Fees • Permanent — Wall sign $150 • Freestanding sign $250 • Change of sign face $75 • Temporary $30 • Retrieval of confiscated, illegal signs $45 2019 City of Shakopee Fee Schedule — v1.1.19 Page 59 of 255 Page 15 of 32 City of Shakopee 148S Gorman St., Shakopee MN SS379 I City Clerk's Office 952-233-9300 I Fax: 9S2-233-3801 I www.ShakopeeMN.gov LAND DIVISION ADMINISTRATION FEES Concept Review by Planning Commission $400 Application for Planned Unit Development • PUD concept review (including City Council) $800 • Planned Unit Development $3,500 • Amendment to Planned Unit Development $3,500 Major Subdivision associated with Conditional Use Permits Plat applications may or may not include variance requests. • Pre -application review fee $300 • Preliminary Plat $3,550 • Preliminary and Final Plat concurrently $3,550 • Final Plat $1,550 • Title review fee $actual cost Minor Subdivisions • Lot division/lot reassembly • Registered land surveys LAND USE ADMINISTRATION FEES Vacations • Vacations of public easements and right-of-way Park Dedication Fees (City Code 150.65) These are set by City Council in consultation with Park and Recreation Advisory Board. Cash in lieu of land dedication fees: $650 $1,550 $950 • Residential/Single-family/Duplex (per unit) $5,340/unit • Multifamily/Apartment (per unit) with less than 60 percent one -bedroom or studio $4,450/unit • Multifamily/Apartment (per unit) with more than 60 percent one -bedroom or studio $2,225/unit • Commercial/Industrial (per acre) $9,500/acre Application for Appeals • Appeal to Board of Adjustment and Appeals of staff decision $300 • Appeal to City Council of BOAA decision (other than a single-family home) $500 • Appeal to City Council of BOAA decision for single-family home $100 • Determination by BOAA $300 Application for Variances • Single-family residential $250 • All others $500 2019 City of Shakopee Fee Schedule — v1.1.19 Page 60 of 255 Page 16 of 32 City of Shakopee 148S Gorman St., Shakopee MN SS379 I City Clerk's Office 952-233-9300 I Fax: 9S2-233-3801 I www.ShakopeeMN.gov Application for Conditional Use Permit • Home Occupations $250 • All Conditional Use Permits and amendments $500 • Mineral Extraction & Land Rehabilitation permit $2,500 + $2,500 cash deposit and an agreement to pay all administrative costs and consultant fees • Temporary seasonal sales (including farm products) $50 Application for Environmental Review The project proponent will be required to sign an agreement to reimburse the entire and actual cost of conducting a review. • Environmental Assessment Worksheet • Environmental Impact Statement • Alternative Urban Area Wide Review • AUAR West End Fee Maps and Text Amendments • Zoning map amendments (rezoning) • Text amendments • Comprehensive Plan amendment (including extension of MUSA) • Annexation application fee Additional Notices (Applies to all types of applications) Public Notice Sign Notes for the Planning Fees: $1,000 plus agreement $1,000 plus agreement $1,000 plus agreement $1,000/acre $1,000 $500 $1,000 $500 Actual cost per contractor Administrative Costs—Actions requiring payment for administrative costs maybe billed to the applicant. Administrative costs may include, but are not limited to, the following: staff time (including regular city employees and contracted employees), publishing costs, copying, printing and mailing. The actual hourly rates of the employees will be used plus a multiplier of 2.0 times for benefits. A deposit of $100 will be required to begin the work, any unused portion will be returned and invoices provided for work in excess of $100 before work proceeds. Administrative costs will accrue after the first meeting with the applicant. Any escrows received by the city shall be monitored to ensure sufficient escrow funds are held by the city. When an escrow account reaches a balance of 10% of the original escrow amount, the city shall invoice the applicant for the submittal of additional escrow funds in an amount consistent with the original escrow submittal. This process shall continue until the city has completed all necessary reviews. Escrows requested by city departments are detailed on billing generated by various city departments depending on the scope of the project. 2019 City of Shakopee Fee Schedule — v1.1.19 Page 61 of 255 Page 17 of 32 City of Shakopee 148S Gorman St., Shakopee MN SS379 I City Clerk's Office 952-233-9300 I Fax: 9S2-233-3801 I www.ShakopeeMN.gov IBudding Inspection 11= e s Fees are calculated based on the most recent building valuation tables published by the International Code Council (ICC). The building valuation is based on the total value of all construction work, including plumbing, electrical, mechanical systems, finish work and labor, even if the owner is doing the work. BUILDING PERMIT FEES FOR BOTH NEW CONSTRUCTION AND ADDITIONS/REMODELS Building permit fees are determined using the building/project value and the table below. Permit fees apply to new construction and additions/remodels of structures. Project/Building Value Fees Less than $1,000 $50 $1,001 to $5,000 $50 + .0085 x (valuation - $1,000) $5,001 to $249,999 $100 + .008 x (valuation - $5,000) $250,000 to $1,999,999 $3,000 + .005 x (valuation - $249,999) $2,000,000 or more $10,000 + .005 x (valuation - $1,999,999) Electronic review $10,000 or less $10 $10,001 or more .0015 x valuation, maximum of $35,000 Plan Review Fees Plan review fees shall be applied to all building permits. Per state statute, similar plan structures shall be charged 25% of the normal building permit fee. At the time of application for permits the applicant must note that the permits are for documents/plans for similar plan structures or the standard fee shall apply. • Residential • Commercial • Similar plan structures • Electrical Plan Review Other Inspections and Fees 65% of building permit fee 65% of building permit fee 25% of building permit fee 65% of electrical permit fee For the items listed below the actual hourly rates of employees plus a multiplier of 2.0 for benefits and overhead will be used. • Inspections outside of normal business hours (minimum charge — two hours) • Re -inspection activities • Inspections for which no fee is specifically indicated • Additional plan review required by changes, additions or revisions to approved plans • Use of outside consultants for plan checking, inspections or both. Actual costs will be paid by the developer. REFUNDS: Upon request and review, partial refunds may be made if permits are abandoned or unused depending on level of review completed. Electrical Inspection Fees RESIDENTIAL - One and two-family New Construction - One or Two Family Home 3,000 SF and below 2019 City of Shakopee Fee Schedule — v1.1.19 $175 Page 62 of 255 Page 18 of 32 City of Shakopee |48SGorman St.,Shakopee mwsSars|City Clerk's Office yc2-zs*s30u|Fax: yS2'zo-3x01|°~°°*akoveemm.g" ]'DDISFand above $ZJS Existing Residential Ganages/Bayementfinishes/Additions/3o|or Existing One or Two Family Home Renovation Reconnection Existing Circuit u/Feeder Inspection of grounding electrode Radon System Fumace/A[ep|acement Service Panel Swimming Pool Other Extra Trip Charge orFailure Electronic Processing Fee State Surcharge $0 $175 $35 $35 $35 $35 $]5 $70 $35 I015times subtotal or$IOminimum .00U5times the Total JobVo|uadon(Minimum$1) COMMERCIAL All fees are based onvaluation, including the cost oflabor and materials Exceptions are listed under ''Cther^ $Itm$1,300 $56 $1'38Ito$5,000 $5Gplus 2.5Y6ofamount over $1,3OU $5'00Itn$1I000 $I62plus 340%ofamount over $5,0OO $I0,00Ito$35'000 $J97.5Dplus 2]%mfamount over $I0,OOD $25.001to$50,000 $65l.0OPlus 2.l96ofamount over $25'00O $50,ODIand over $l'l85.5Oplus 2.D0%ofamount over $S0,000 Permit Fee Minimum of$5Goraocalculated above Plan Review 20%ofPermit Fee ONLY ifthe Valuation ifover $2S.ODD State Surcharge .0005 times the Total Job Valuation (Minimum $1) Electronic Processing Fee .UOIStimes subtotal or$IOminimum Other Transformer rated up1oIDKVA Transformer rated in excess ofI0NVA Manufactured Home/RV Supply RV Pedestals Street, Parking|ot Outdoor, Traffic Standards Power supplies for Signs 8cOutline lighting Trip Charge Commercial Event Generators Electronic Processing Fee State Surcharge $15/transformer $30 Transformer $3S/pedestal $10/Circuit $5 standard $ID/powersupp|y $56 $56trip/ride $56 .00l5times subtotal or$lOminimum .DDO5times the Total Job Valuation (Minimum $I) Plumbing Permits (City Code lll.04 New construction residential (Ordnance 659) $175 + $1 state surcharge Sewer and water connection - Single Residential $80 + $1 state surcharge Sewer connection Waterconnection Combination water and sewer connection Sewer and/or water connection - Multiple Residential 2.S% of contract price or $100 minimum + state surcharge 2019City mShakopee Fee Schedule -m'1.19 Page naofcos Page 19m32 City of Shakopee J 485 Gorman St,, Shakopee MN 55379 J City Clerk's Office 952-233-9300 J Fax: 9S2-233-3801 J www.ShakopeeMN.gov Sewer and/or water connection — Commercial/Industrial 2.5% of contract price or $100 minimum + state surcharge Landscape sprinkler system $75 + $1 state surcharge Reduced Pressure Zone Value — Repair, rebuild, replace $100 + $1 state surcharge Change out required every five years. There is no permit or fee required for annual testing. There is an allowance of up to 6 RPZs/building/application. Lawn sprinkler systems — Residential $75 + $1 state surcharge Lawn sprinkler systems — Commercial 2.5% of contract price or $80 minimum + state surcharge This includes water connection from building piping to yard side of siphon breaker. Commercial Plumbing Permits 2.5% of contract price or $100 minimum + state surcharge Units on individual sewage treatment systems (ISTS) are subject to an additional review fee by Scott County. Heating, Air Conditioning, Refrigeration, Gas Piping and Ventilation Permits • Single-family residence, new $125 + $1 state surcharge • Replacement $75 + $1 state surcharge • Commercial Fee 2.5% of contract amount + state surcharge ($80 minimum fee) • Fireplace — includes Gas Permit $75 + $1 state surcharge Deck Permits Based on valuation table Fence Permits $50 Residential Grade Check Fee • Single family $75 for review of grades on survey • Multifamily, Commercial/Industrial $75 for review of grades on survey NEW CONSTRUCTION ESCROWS The city will accept payment for the following escrows. The city will release escrows upon verification of completed required improvements. The city may only return escrows to the party from which they were received. Certificate of Occupancy Escrow (Resolution 2604) 100% of the fee shall be refunded when a final certificate of occupancy is issued. • Commercial/Industrial .005 x value or $500, whichever is greater • Residential .005 x value, with a $750 maximum Residential Landscaping Escrow $1,500 100% of fee will be refunded in whole to the applicant when landscaping requirements have been completed. Commercial Landscaping Escrow A commercial landscaping escrow is determined based on City Code 151.112. Erosion Control Escrow (City Code Chapter 54) $1,500 + $1,000 acre An escrow will be required to guarantee the installation and removal of all required erosion and sediment control measures. The city is authorized to draw against this escrow in the event the building permit applicant fails to comply. 2019 City of Shakopee Fee Schedule — v1.1.19 Page 64 of 255 Page 20 of 32 City of Shakopee 1485 Gorman St., Shakopee MN 55379 I City Clerk's Office 952-233-9300 1 Fax: 952-233-3801 I www.ShakopeeMN.gov STATE SURCHARGE: PERMITS The Minnesota Statutes 3268.148 "SURCHARGE" has been changed effective July 1, 2015. The change only applies to the "Permits based on Fixed Fees, Part I" and "Permits based on Fixed Fees, Part 2" portions of the Minnesota Department of Labor and Industry surcharge reporting form. The minimum surcharge for a "fixed fee" permit is $5, beginning July 1, 2010. (These fees are forwarded to the State Treasurer) Less than $1,000 $0.50 $1,000,000 or less .0005 x valuation $1,000,000 to $2,000,000 $500 + .0004 x (value - $1,000,000) $2,000,000 to $3,000,000 $900 + .0003 x (value - $2,000,000 $3,000,000 to $4,000,000 $1,200 + .0002 x (value - $3,000,000) $4,000,000 to $5,000,000 $1,400 + .0001 x (value - $4,000,000) Greater than $5,000,000 $1,500 + .00005 x (value - $5,000,000) ADDITIONS AND REMODELS FEES Reroofing Permit • Commercial • Residential 2.5% of contract amount, with an $80 minimum 2.5% of contract amount, with an $75 minimum Requires ice/weather/prep inspection. Prior building department approval is required to submit photos in lieu of inspection. When prep inspection does not occur, a $74.50 fine will be levied against the applicant. Residing Permits Deck Permit Fence Permit Based on valuation table Based on valuation table $50 2019 City of Shakopee Fee Schedule — v1.1.19 Page 65 of 255 Page 21 of 32 City of Shakopee 1485 Gorman St., Shakopee MN 55379 I City Clerk's Office 952-233-9300 1 Fax: 952-233-3801 I www.ShakopeeMN.gov Detached Accessory Building Based on valuation table All detached accessory building/structures in excess of 200 square feet shall require a building permit. Heating, Air Conditioning, Refrigeration and Ventilation Permits • Heating, air conditioning, refrigeration, ventilation $75 +$1 state surcharge • Fireplace — includes Gas Permit (for additions only) $75 +$1 state surcharge • Commercial fee 2.5% of contract amount + state surcharge with an $80 minimum fee Gas Piping Permit • Minimum fee $75 + $1 state surcharge • Residential fee $75 + $1 state surcharge each fixture or appliance • Commercial fee 2.5% of contract amount + state surcharge Plumbing Permits Alter, replacement, repairs (Basement Finish) Minimum fee $75 + $1 state surcharge Residential Water Heater - Gas $55 + $1 state surcharge Water Softener (installer must be licensed) $75 + $1 state surcharge Commercial Plumbing Permits 2.5% of contract price or $100 minimum + state (Alterations, repair, replacements or additions) surcharge Sewer and/or water line repair only $75 + $1 state surcharge Lawn sprinkler systems — Residential $75 + $1 state surcharge Lawn sprinkler systems — Commercial 2.5% of contract price or $100 minimum + state (This includes water connection from building piping to yard side surcharge of siphon breaker.) OTHER BUILDING INSPECTION FEES Fast Tracking Issuance of Building Permits (Resolution 2604) deposit Structure Moving Permit Demolition Permit Work Commencing before Demolition Permit Issued Appeal Fee City expenses up to 100% of building permit fee with a 30% $100 $125 or 2.5% of contract price, whichever is greater $300 or 3% of contract price, whichever is greater Appeals can be made to the Building Code Board of Adjustment & Appeals established by the Department of Labor and Industry (DLI). Fees are as established by DLI. Sanitary Sewer Service Availability Charge (SAC) and Water Availability Charge (WAC) 2019 City of Shakopee Fee Schedule — v1.1.19 Page 66 of 255 Page 22 of 32 City of Shakopee |48SGorman St.,Shakopee mwsSars|City Clerk's Office yc2-zs*e30u|Fax: yS2'zo-3x01|°~°°*akoveemm.g"° Sanitary Sewer Service Availability Charge (SA[) units for various residential, commercial, public and institutional facilities will beapplied as specified inthe latest Metropolitan Council SAC procedures manual. The Metropolitan Council established SAC fees on an annual basis. These fees are collected by the city but are paid to the MET Council onbehalf ofthe applicant. Current fees and how they are calculated isavailable here: The WAC charge is pad Shakopee Public Utilities (SPUC) for water service and is typically based on the number of SAC units. Contact 5PU[for the current fees. Please note Shakopee Public Utilities calculates and collects these charges. Therefore, you will need tocontact them at9SZ-445'I988toobtain these amounts. 2019 City of Shakopee Fee Schedule — v1.1.19 Page 67 of 255 Page 23 of 32 City of Shakopee 148S Gorman St., Shakopee MN SS379 I City Clerk's Office 952-233-9300 I Fax: 952-233-3801 I www.ShakopeeMN.gov Changing Building Use If you intend to change the tenant or use of a commercial property, you must notify the city to ensure that the new use complies with zoning regulations. This requirement applies whether the usage change applies to one tenant (i.e. office space to physician's practice) or the entire building (i.e. retail to restaurant. If no change to occupancy classification Notes for the building fee schedule: $50 Administrative costs — Actions requiring payment for administrative costs may be billed to the applicant. Administrative costs may include but are not limited to the following: staff time (regular city employees and contracted employees), publishing costs, copying, printing and mailing. The actual hourly rates of the employees will be used plus a multiplier of 2.0 for benefits. A deposit of $100 will be required to begin the work. Any unused portion would be returned and invoices provided for work in excess of $100 before work proceeds. 2019 City of Shakopee Fee Schedule — v1.1.19 Page 68 of 255 Page 24 of 32 City of Shakopee 148S Gorman St., Shakopee MN SS379 I City Clerk's Office 952-233-9300 I Fax: 952-233-3801 I www.ShakopeeMN.gov INatuirall IfZesouirces Il:::ees and Securities FEES Soil Compaction Testing for Landscaped Areas • City -hired consultant is used Total cost of consultant City -Required Replacement Trees Fee $400/each tree For replacement trees that cannot be placed on site. Unauthorized Significant Tree Removal $500/diameter inch removed or replacement of 2 diameter inches for every 1 diameter inch removed Additional Requested Tree Inspection Inspection will be charged on an hourly basis at actual hourly rates plus a multiplier of 2.0 for benefits. The city is authorized to draw against the Tree Management Regulations financial security for tree replacement requirements to pay for inspections. FINANCIAL SECURITY Financial Security for Required Replacement Trees # replacement trees x $200 x 150% In accordance with City Code 151.113, J 3 & 4, up to 75% of the financial security may be returned upon inspection and acceptance by the city of installed landscaping and upon the submittal of the city approved two-year warranty from the landscape contractor who installed the plants. This warranty must cover plant health issues relating to excess or insufficient water. The remaining financial security will be held by the city for two years. Unauthorized Work Fee Up to double the permit fee 2019 City of Shakopee Fee Schedule — v1.1.19 Page 69 of 255 Page 25 of 32 City of Shakopee 1485 Gorman St., Shakopee MN 55379 I City Clerk's Office 952-233-9300 1 Fax: 952-233-3801 I www.ShakopeeMN.gov l:::iire (Department l:::ees FIREWORKS Consumer/Retail Fireworks Permit • Mixed merchandise sales annual fee $100 • Consumer fireworks retail sales facility annual fee $350 Display Outdoor Fireworks Show Permit • Permit valid for one day only $130 • Each additional day $35 Indoor or Special Effect Fireworks Show Permit • Permit valid for one day only $175 • Each additional day $35 FIRE PROTECTION EQUIPMENT PERMIT Fire sprinkler, fire alarm and special hazard systems. Contract Amount Permit Fee Contract amounts round up to the next highest $1,000 $1.00 to $ 4,000 $80 minimum $4,001 to $25,000 $80 for the first $4,000 + $20 for each additional $1,000 or fraction thereof, to and including $25,000 $25,001 to $50,000 $500 for the first $25,000 + $11 for each additional $1,000 or fraction thereof, to and including $50,000 $50,001 to $100,000 $775 for the first $50,000 + $9.50 for each additional $1,000 or fraction thereof, to and including $100,000 $100,001 to $500,000 $1,250 for the first $100,000 + $6 for each additional $1,000 or fraction thereof, to and including $500,000 $500,001 to $1,000,000 $3,650 for the first $500,000 + $5.50 for each additional $1,000 or fraction thereof, to and including $1,000,000 $1,000,001 to $1,500,000 $6,400 for the first $1,000,000 + $4 for each additional $1,000 or fraction thereof, to and including $1,500,000 $1,500,001 to $2,00,000 $8,400 for the first $1,500,000 + $2 for each additional $1,000 or fraction thereof, to and including $2,000,000 $2,000,000 and up $9,400 for the first $2,000,000 + $1.50 for each additional $1,000 of fraction thereof Fire protection equipment includes: wet and dry fire sprinkler systems, clean agent suppression systems, wet and dry chemical suppression systems, fire protection for commercial cooking operations and fire alarm systems. State Surcharge Applies to fire sprinkler, fire alarm and special hazard systems. Minnesota Statute 3266.148 2019 City of Shakopee Fee Schedule - v1.1.19 Page 70 of 255 Page 26 of 32 City of Shakopee 1485 Gorman St., Shakopee MN 55379 I City Clerk's Office 952-233-9300 1 Fax: 952-233-3801 I www.ShakopeeMN.gov Fire Protection Equipment Plan Review Fee Applies to wet and dry fire sprinkler systems, clean agent suppression systems, wet and dry chemical suppression systems, fire protection for commercial cooking operations and fire alarm systems. Contract Amount Plan Review Fee $1 to $40,000 $25 for the first $1,000 + $20 for each additional $1,000 or fraction thereof, to and including $40,000 (minimum $25) $41,000 to $50,000 $805 for the first $40,000 + $7 for each additional $1,000 or fraction thereof, to and including $50,000 $51,000 to $100,000 $875 for the first $50,000 + $4 for each additional $1,000 or fraction thereof, and including $100,000 $101,000 and up $1,075 for the first $100,000 + $1 for each additional $1,000 or fraction thereof Flammable/Combustible Liquid Storage Tank Permit Installation (includes installation of above -ground and underground storage tanks) • Temporary heat $80 • 0 to 150 gallons $0 (no permit needed) • 151 to 500 gallons $75/tank • 501 to 1,000 gallons $125/tank • 1,001 to 5,000 gallons $150/tank • 5,001 gallons or larger $200/tank Removal (includes removal of above -ground and underground storage tanks) • 0 to 150 gallons $0 (no permit needed) • 151 to 500 gallons $75/tank • 501 to 1,000 gallons $100/tank • 1,001 to 5,000 gallons $125/tank • 5,001 gallons or larger $150/tank Flammable/Combustible Liquid Storage Tank Plan Review $80/tank Applies only to installation of new tanks Tents and Temporary Membrane Structures (Commercial uses) Tents greater than 400 sq. ft. (Total area of all tents does not exceed 15,000 sq. ft.) First tent $50 Additional tents (up to a total of three) $25/each Four or more tents where the total area of all tents does not $150 exceed 15,000 sq. ft. One tent exceeds 15,000 sq. ft. or total area of all tents $150 + .01/sq. ft. over 15,000 exceeds 15,000 sq. ft. 2019 City of Shakopee Fee Schedule - v1.1.19 Page 71 of 255 Page 27 of 32 City of Shakopee 1485 Gorman St., Shakopee MN 55379 I City Clerk's Office 952-233-9300 1 Fax: 952-233-3801 I www.ShakopeeMN.gov Electronic Processing Fee $10,000 or less $10 • $10,001 and up .1% (maximum $25,000) Burning Permit $40 Fire Incident Report $20 Other Fees Re -inspection fee $77.50/hour or the hourly cost to the jurisdiction, whichever is greater. (This cost shall include supervision, overhead, hourly wages and fringe benefits of the employee involved.) Additional plan review required for $77.50/hour or the total hourly cost to the jurisdiction, whichever is greater. changes, additions, revisions or re- (This cost shall include supervision, overhead, hourly wages and fringe benefits submissions to original plans of the employee involved.) Outside consultants for plan review Actual cost (including overhead and administrative costs) and/or inspections Fire -False Alarms $400/alarm False fire alarms user fee in excess of two in a calendar year Supplies used for emergency responses Administrative Costs -Actions requiring payment for administrative costs may be billed to the applicant. Administrative costs may include but are not limited to the following: staff time, publishing costs, copying costs, printing costs, mailing and consulting costs. The actual hourly rates of the employees will be used plus a multiplier of 2.0 for benefits, overhead, etc. Hourly Response Rate $400/hour + $10 administration fee Includes response to and standby at hazardous condition incidents Hourly rate for contracted services $77.50/firefighter 2019 City of Shakopee Fee Schedule — v1.1.19 Page 72 of 255 Page 28 of 32 City of Shakopee 148S Gorman St., Shakopee MN SS379 I City Clerk's Office 952-233-9300 I Fax: 9S2-233-3801 I www.ShakopeeMN.gov IPolice Department 11=ees • Report copies (pages 1-4) No charge • Report copies (pages 5-100) $.25/side/page • Report copies (100 pages and over) Per request basis • Audio recordings $10 • Video recordings $30 • Pawnshop billable transaction fee $1.50 • Hourly rate for contracted police services (three-hour minimum) $90 • Photographs $1/photo • Photo discs $10 • Golf cart license $20 Storage of Forfeited Vehicles Towing and Impounding of Vehicles Towing and impounding is done by a private contractor having appropriate impounding facilities. • Storage of vehicles • Towing and impounding of vehicles Dog Licenses, Impounding Fees, etc. (City Code 130.03) $2/day ($550 maximum) Set by private contractor • Dog licenses $25 Good for one year and includes access to dog park • Lifetime dog license $125 Good for life of dog and includes dog park access. Vaccinations must remain current. • Duplicate license $5 • First impoundment $30 • Second impoundment $50 • Third and successive impoundment within 12 -month period $100 • Amount charged per day when confined to the pound $15 In the case of an unlicensed dog or a dog for whom proof of a current rabies vaccination cannot be shown, there shall be an additional penalty of $10. Owner is responsible to furnish proof of license and/or rabies vaccination. • Large animal impoundment • Large animal board per day Large animals are defined as animals other than household pets, e.g., horses, cows, sheep. Police— False Alarms • False alarm user fee in excess of two in a calendar year $100 $25 $130/alarm 2019 City of Shakopee Fee Schedule — v1.1.19 Page 73 of 255 Page 29 of 32 City of Shakopee 1485 Gorman St., Shakopee MN 55379 I City Clerk's Office 952-233-9300 1 Fax: 952-233-3801 I www.ShakopeeMN.gov IParks and IR creatioin Y=eas COMMUNITY CENTER FEES Memberships (includes sales tax) Include ice skating, gyms, fitness center, classes, indoor playground and open swim 2019 City of Shakopee Fee Schedule — v1.1.19 Page 74 of 255 Page 30 of 32 Residents Non -Residents Family Membership (Immediate family residing at $600 $815 same address) Adult Membership (18 to 59) $380 $540 Youth Membership (1 to 17) $275 $370 Senior Membership (60 and over) & Military $275 $370 Family Monthly $55 $73 Adult Monthly (18 to 59) $35 $48 Youth Monthly (1 to 17) & Military $25 $33 Senior Monthly (60 and over) $25 $33 Adult + 1 $490 $680 Adult + 1 Monthly $45 $62 3 Months Adult (18 and over) $160 $225 • Enrollment fee for monthly membership $30 • Early cancellation fee (if prior to year commitment) $50 Admissions (includes sales tax) Residents Non -Residents Adult (18 to 59) $7 $8.50 Youth (1 to 17) $5 $5 Senior (60 and over) & Military $5 $6.50 Walking track No charge No charge Skate park daily admission No charge No charge Drop in child care (two-hour max/child) • Member $3.50/hour • Non-member $4.50/hour Playground (under 1 free) $3/child 2019 City of Shakopee Fee Schedule — v1.1.19 Page 74 of 255 Page 30 of 32 City of Shakopee 1485 Gorman St., Shakopee MN 55379 I City Clerk's Office 952-233-9300 1 Fax: 952-233-3801 I www.ShakopeeMN.gov Other • Service charge for returned check (NSF) $30 Upon receipt of an NSF check, no additional checks will be accepted by the presenter • Administration fee $5 • Photo copies/duplication and faxes $0.25/page Room Rental Rental fees for facilities are waived under terms of agreements with the Shakopee School District and city -affiliated sports associations. VCR/DVD player, coffee maker and overhead projector are available at no charge with rental at Community Center only. Shakopee civic groups are defined as City of Shakopee groups located and operated within the city and are city recognized service groups. See attached list on page 32. • Party room $30/hour • Group room rentals (multipurpose room, rink meeting room) $40/ hour • Gymnasium $50/side/hour • Conference room $20/hour • Community Room (two-hour minimum) o Sunday through Friday $75/hour o Saturday $100/hour o Damage deposit with alcohol $500 o Damage deposit without alcohol $100 • Shakopee civic group function (does not include Community Room) $15/hour • For-profit groups (does not include Community Room) $90/hour • Community Center birthday party package $150-175 + sales tax (up to 12 children and birthday child's parents) $10/additional child • Room clean-up charge $35 • Additional staff for large events or before/after-hours $30/hour • Coffee pot service $30 • Microphone/Speakers $25 • Projector/Screen $25 Teen Center Rentals • Special events rental (two-hour minimum) $65/hour + sales tax • Additional staff is needed $30/hour ICE ARENA FEES Ice Rental 2019 City of Shakopee Fee Schedule — v1.1.19 Page 75 of 255 Page 31 of 32 City of Shakopee 148S Gorman St., Shakopee MN SS379 I City Clerk's Office 952-233-9300 I Fax: 9S2-233-3801 I www.ShakopeeMN.gov Skating Services & Admissions *Included in Community Center membership • Open Skating Youth/Adult $5* • Skate Rental $4 • Youth open hockey (ages 4-11 and 12-17) $5* • Adult open hockey $8 • Open figure skating Silver day walk-on before 3 p.m. $8 • Open figure skating Silver monthly pass $145 • Open figure skating Gold day walk-on after 3 p.m. $15 • Open figure skating Gold monthly pass $205 • Development ice $8 • Skate sharpening $5/pair • Skate sharpening punch card (10) $25 • Skate sharpening punch card (20) $50 • Open Turf Time $5 RECREATION PROGRAM FEES Recreation program participants are charged fees to cover costs associated with the program. These fees are designed to cover the direct cost of the program, including part-time salaries and supplies, as well as a portion of administrative overhead and direct supervisor costs. A small percentage is then added to the direct program costs to account for non -direct program costs. These fees vary depending on the program type, supplies costs, length of the program, etc. A $5 service fee will be charged for changes/class cancellations prior to the registration deadline. No refunds will be given after the registration deadline. SPORTS ASSOCIATIONS All city -affiliated sports associations are assessed fees to fund the administrative support the city provides to each association This support generally includes promoting the program, scheduling facilities and activities and providing assistance in administering the program. Youth Associations Football, boys and girls' basketball, baseball, lacrosse, softball, wrestling, soccer, volleyball and tennis Rental fees for facilities, not including the Community Room, are waived under terms of agreements with the city -affiliated sports associations. Staffing costs and special event/tournament fees as noted under Park Facilities are not waived. Additional charges may apply for additional facility requests beyond the facilities designated during the regular seasons. • Association services $17/participant • Add-on service — registration acceptance and processing $2.50/participant Adult Leagues • Adult softball $375/team • Adult basketball $210/team • Adult volleyball (price depends on season) $210 or $110/team • Adult broomball $210/team NON-RESIDENT FEES • Non -Resident Fees $10/class/participant Non-resident fees will not be charged to one -day programs, special events or adult sport leagues. 2019 City of Shakopee Fee Schedule — v1.1.19 Page 76 of 255 Page 32 of 32 City of Shakopee 148S Gorman St., Shakopee MN SS379 I City Clerk's Office 952-233-9300 I Fax: 9S2-233-3801 I www.ShakopeeMN.gov PARK FACILITIES Facility users pay staffing costs and special event/tournament fees as required to prepare facilities for weekend or holiday events or where overtime is required during the week to accommodate special facility preparation requests. • $5 administration fee for cancellations • Requests for multiple -day field use will be based on the single -day rate. Three field rental minimum for weekend dragging. • Rental fees for some facilities are waived under terms of agreements with Shakopee School District and city -affiliated sports associations. Staffing costs and special event/tournament fees are not waived. Additional charges may apply for additional facility requests beyond the facilities designated during the regular seasons. • Rental fees for these facilities waived for local organizations where revenue generated from the event is reinvested in the community. Staffing costs noted above are not waived. • Regular park hours are 6 a.m. —10 p.m. • Rental rates for For -Profit entities is 150% of rates published in fee schedule. General Fees • Damage deposit (for enclosed shelter and equipment only) $100 (due at reservation) • Additional clean-up charge $35/hour Huber Park and Huber Stage Rentals (shelter & amphitheater) • All users (two-hour minimum) $115/hour • Day rentals (eight hours) $500/day • Chair rental (approximately 65 chairs available) $50/day • Audio system $50/day • Additional staff time $30/hour Open Picnic Shelters Lions 1 & 2, Memorial 1 & 2 Huber Park $90/day $120/day Enclosed Picnic Shelters $120/day Green Meadows, Hiawatha, Holmes, Scenic Heights, Westminster, Riverside Fields, Southbridge Outdoor Non -Turf Facilities without Lights Ball fields, tennis courts, hockey rinks Outdoor Turf Facilities without Lights Soccer, lacrosse, football Outdoor Non -Turf Facilities with Lights Outdoor Turf Facilities with Lights For -Profit Outdoor Facility Rental without Lights For -Profit Outdoor Facility Rental with Lights Entire Park Closure (eight hours) Disc Golf Course Schleper Stadium One half of fee will go to local baseball organization that is required to work the rental. Concession Stand $65/facility/day + sales tax $100/facility/ day + sales tax $100/facility/day + sales tax $125/facility/day + sales tax $175/facility/day + sales tax $250/facility/day + sales tax $500 + sales tax $250 + sales tax $1,000/day $65/day 2019 City of Shakopee Fee Schedule — v1.1.19 Page 77 of 255 Page 33 of 32 City of Shakopee 1485 Gorman St., Shakopee MN 55379 I City Clerk's Office 952-233-9300 1 Fax: 952-233-3801 I www.ShakopeeMN.gov Special Event/Tournament Fees All fees are per site A special permit is required for these activities through the Parks and Department. • Restroom cleaning $25/cleaning • Restroom cleaning (contracted) $85/cleaning • Empty garbage cans $85/hour, plus hourly overtime labor rate • Manual garbage pickup $85 minimum • A.M. field dragging (with four field minimum) $28/field/day • Additional dragging of fields $18/field/day • Overtime rate $65/hour • Field or site setup City labor rate + benefits/hour • Picnic tables, cones, barricades, handicapped signage, extra garbage cans No charge with park/facility rental, but special permit fee may apply • Tanker truck service (often needed for large events offering food) $95/hour • Sweeper truck service (often needed for parades or larger events) $125/hour Notes: Tournament must be at least two days to require the above services. If garbage was not picked up and put in containers, the city will bill a minimum of $85 plus the hourly time spent to clean the site. Additional supplies needed will be charged based on their cost (paint, chalk, etc.). Special Permit Any event or occurrence requiring a special permit will also require proof of liability insurance. No staff time needed or fees charged for event, etc. $50 (Bounce houses, petting zoos, vendors promoting services, free race/5K, etc.) Staff coordination needed, equipment request, etc. $100 (Free events requiring coordination use of park or facility, extra equipment needs, i.e., picnic tables, garbage containers, barricades, signage) Events or activity charging fee $150 (Any event charging fees or selling items or services, i.e., vendor sales, food/drink sales, race/5K charging an entry fee, parades etc.) Entertainment Kits • Horseshoe/volleyball kit • Frisbee golf kit • Shuffleboard kit Youth Building $15 or no charge w/rental $15 or no charge w/rental $15 or no charge w/rental Rental fee waived for some Girl Scouts, Boy Scouts and city -affiliated sports associations' functions. Cleaning fee not waived. $100 key/damage deposit on all rentals 2019 City of Shakopee Fee Schedule — v1.1.19 Page 78 of 255 Page 34 of 32 City of Shakopee 148S Gorman St., Shakopee MN SS379 I City Clerk's Office 952-233-9300 I Fax: 952-233-3801 I www.ShakopeeMN.gov Shakopee civic groups are defined as City of Shakopee groups located and operated within the city and are city recognized service groups (Lions/Lioness Club, Rotary Club, Jaycees, Girl Scouts, Boy Scouts, 4-H, etc.) See attached list at the end of the Park and Recreation section. Rental hours are from 6 a.m. —10 p.m. • Weekend/Full Day • Weekday rentals (two-hour minimum) • Shakopee civic group function • Room clean up fee • Additional staff $175 $40/hour $15/hour $35 $30/hour 2019 City of Shakopee Fee Schedule — v1.1.19 Page 79 of 255 Page 35 of 32 City of Shakopee 1485 Gorman St., Shakopee MN 55379 I City Clerk's Office 952-233-9300 1 Fax: 952-233-3801 I www.ShakopeeMN.gov SANDVENTURE AQUATIC PARK Daily Admission • Under 48" or Senior (60 and over) $5 • Under 48" or Senior Twilight (after 5 p.m.) $3 • Over 48" $7 • Over 48" Twilight (after 5 p.m.) $5 • Ages 1 and under No charge Aquatic Park Punch Cards (Fees include sales tax) Resident Non -Resident 10 punches $50 $60 20 punches $94 $115 Aquatic Park Season Pass (Includes sales tax) Community Center members receive 25 percent discount from rate. Resident Non -Resident Pass under 48" & Senior (65 and over) $52 $69.50 Individual pass Over 48" $63.50 $81 Family Pass (Four or more) $219 $275.75 Aquatic Park Group Rentals • Pubic group rate (minimum of 20 people) • Private group rate (minimum of 200 people) • Group deposit • SanclVenture birthday party package (12 kids & 2 parents) • Jeffrey Rogers Shelter Rental $5/person $3/person (before or after regular hours) $100 $135 (includes sales tax) $30/hr (2 hr minimum) 2019 City of Shakopee Fee Schedule — v1.1.19 Page 80 of 255 Page 36 of 32 City of Shakopee 148S Gorman St., Shakopee MN SS379 I City Clerk's Office 952-233-9300 I Fax: 9S2-233-3801 I www.ShakopeeMN.gov CITY OF SHAKOPEE-RECOGNIZED SERVICE GROUPS For Community Center rooms and Youth Building rentals. • 4-H • Alcoholics Anonymous (current Tuesday and Wednesday groups ONLY) • Diversity Alliance • Lions Club • Lioness Club • Eagles • Relay For Life • Girl Scouts • Rotary Club • Boy Scouts • Heritage Society • Deer Hunters Association (River Valley Chapter) • Jaycees • Knights of Columbus • VFW • American Legion • Scott County (excluding Community Room) • Shakopee School District (Youth Building only) • Shakopee Area Catholic School 2019 City of Shakopee Fee Schedule — v1.1.19 Page 81 of 255 Page 37 of 32 *4.D.1. Shakopee City Council April 2, 2019 FROM: Craig Robson, Police Captain TO: Mayor and Council Members Subject: Request for a one-hour suspension of the noise ordinance for the Summer Jam Concert at Canterbury Park Policy/Action Requested: Approve the one-hour suspension of the noise ordinance from 10 pm to 11 pm from July 18th to July 20th for Canterbury Park. Recommendation: Approve the one-hour suspension of the noise ordinance from 10 pm to 11 pm from July 18th to July 20th for Canterbury Park for their three-day concert series. Discussion: In February the City received a request from Canterbury Park to suspend the noise limitations for one hour for their three-day concert series. According to the request, the event promotor has been granted this request in other cities where he has held similar events. The requests cited a local example of a similar suspension. In Prior Lake the Lakefront Music Festival is annually granted an 11:00 pm deadline as part of their concert series. In meetings with the police department, the promoter and Canterbury Park staff have discussed noise mitigation strategies. The police department has been given assurances that the stage will be configured and pointed in a direction away from residential neighborhoods. Also, the promotor informed the police department that sound baffling will be used to mitigate the impact of the amplified music. Additionally, the police department will be involved in pre -concert sound checks to establish base lines. Finally, the police department plans on having code enforcement staff available to measure the noise levels during the event. Budget Impact• There is no impact to the budget. Page 82 of 255 ATTACHMENTS: Canterbury Letter Page 83 of 255 Mr. William Reynolds City Administrator Shakopee City Hall 485 Gorman Street Shakopee, MN 55379 Dear Mr. Reynolds: Thank you for the opportunity to discuss the 2019 Twin Cities Summer Jam concert, scheduled for the weekend of July 18 -July 20, 2019. Canterbury Park believes this event is a great addition to our city's strong reputation as the place to go for Big Fun in the Twin Cities. Additionally, we feel strongly that this annual, multi -day event will be a boon to many area businesses as well as an asset for local residents to enjoy. As we discussed, the current Shakopee sound ordinance requires a reduction in decibel levels at 10:00 pm. In our concert planning process, we have learned that the 10:00 pm end time requirement is unusual among cities for events of this magnitude. By comparison, Prior Lake's very successful Lakefront Music Festival has an 11:00 pm decibel reduction. In order to make this event the most successful it can be for the community, fans and businesses, Canterbury Park is seeking a suspension of the enforcement of the current 10:00 pm ordinance or a permit/variance to operate the Twin Cities Summer Jam concert in 2019 until 11:00 pm during the event dates. In the past, Canterbury Park has held concerts in some of our large paved parking areas that are closer to some of our residential neighbors. This event, however, will be held in the infield of our race track. This location will allow our main building to serve as a buffer between the music stage and our nearest residential neighbors to the east. As for our neighbors to the south, the stage orientation will be located in such a way that the sound will be projected away from those properties. Our contractual relationship with the concert promoter also requires that they and all performers comply with the City's performance hour requirements. We feel that our concert series will have far less impact on our neighbors than similar area events, including the Lakefront Music Festival. In advance of this request, we met with Police Chief Tate to discuss whether his department had concerns about this request. He indicated to us that he understands the need for this type of event to go beyond 10:00 pm, and that it is the norm in other communities that host similar events. He also indicated that he had no opposition to our request for city action that would allow the event to end prior to 11:00 pm. Likewise, the planning department has expressed no concerns with this request. CANTERBURY PARK HOLDING CORPORATION 1 100 CANTERBURY ROAD SHAKOPEE, MINNESOTA 55379 TELEPHONE 952-445-7223 FAx 952-496-6400 WWW.CANTERBURYPARK.COM Page 84 of 255 While we anticipate this festival will be an annual event for our community, at this time, we are only asking for this accommodation for 2019. We firmly believe in this first year we can demonstrate to the City that an 11:00 pm concert end time is a reasonable accommodation. We would then bring this matter back to the City for future discussion about concert hours. To help in your consideration of this request, we have enclosed the following: 1. A site plan depicting the planned location of the music stage and its relation to the Canterbury Park buildings. 2. A map showing the approximate linear distances between the music stage and our nearest residential neighbors in each direction. 3. An outline of the proposed start and end times for each day of the 2019 Twin Cities Summer Jam concert. We appreciate the City's consideration of this request. Canterbury Park has always taken great pride in being a good corporate citizen and in having a strong partnership with the City. We hope to continue that strong partnership while also expanding our entertainment catalogue. If there is additional information you require as you consider this request, please let me know and we will happily provide what we can. Sincerely, Randy Samps President, Canterbury Park Page 85 of 255 Twin Cities Summer Jam Proposed Music Schedule Thursday, July 18, 2019 • Gates — 2:00 PM • Mainstage Music —4:00 PM —10:30 PM Friday, July 19, 2019 • Gates —1:00 PM • Mainstage Music— 3:00 PM —10:30 PM Saturday, July 20, 2019 • Gates —1:00 PM • Mainstage Music— 3:00 PM —10:30 PM Page 86 of 255 Page 87 of 255 *4.E.1. Shakopee City Council April 2, 2019 FROM: Steve Lillehaug, City Engineer/Public Works Director TO: Mayor and Council Members Subject: Barenscheer Boulevard Roadway and Utility Project (Canterbury Commons Development). Policy/Action Requested: Authorize the execution of a professional services agreement with SRF Consulting Group, Inc., for design services for the 2020 Barenscheer Boulevard Project CIF -19-004. Recommendation: Authorize execution of the agreement. Discussion: The current Capital Improvement Plan (CIP) includes a 2020 Barensheer Boulevard Project, CIF -19-004. This project includes the design and construction of roadway, storm sewer, retaining walls, sidewalk, trail, street lighting, and landscaping improvements located along the north side of Canterbury Park from Shenandoah Drive to County Highway 83 (see attached CIP summary sheet, project No. 11). City staff needs assistance from a design consultant to complete the project based on current and expected workload. City staff has worked with SRF Consulting Group, Inc. to develop a scope of work needed to deliver the project. SRF Consulting Group, Inc., has the experience, technical skill, and capacity to provide the needed services and is a firm in the city's approved consultant pool. The attached Professional Services Agreement authorizes and describes the scope and fee for their work on this project. Budget Impact: The scope of SRF's work is proposed to cost (not to exceed) $435,836 plus approval of 5% contingency above the contract amount to cover potential design changes, to coordinate changing site layouts to support the development of the greater Canterbury Commons redevelopment, and/or to address other unknown site conditions. Page 88 of 255 This work is included in the 2019 Capital Improvement Fund as part of the Canterbury Commons Development Tax Increment Funding as a Developer Project and will be paid for accordingly. ATTACHMENTS: D CIP Sheet - CIF -19-004 D Professional Services Agreement - Barenscheer - SRF Page 89 of 255 Capital Improvement Plan City of Shakopee, Minnesota 2019 thru 2023 Department Capital Improvements Fund Contact Public Works Director Project # CIF -19-004 Type Improvement Useful Life 30 Project Name *Canterbury Commons -City Infrastructure Improv. Category Street Construction Accounting Code Priority 1 Critical for Safety/Preservat Fund Capital Improvement Fund Status Active Description Total Project Cost: $31,300,000 As part of the proposed Canterbury Commons development, needed public infrastructure projects were identified within the Canterbury Commons Areawide Transportation study. The following includes projects that were identified as local city infrastructure improvements to be paid for by the Canterbury Commons TIF, both City lead and Developer lead projects: Project 4: 2023 Eagle Creek B1vdNierling Drive Roundabout. City project, $1,400,000 Project 9: 2019 Shenandoah Drive. Canterbury Developer project, $8,400,000 Project 10: 2019 12th Avenue. City project, $6,850,000 Project 11: 2020 Barenscheer. Canterbury Developer project, $7,200,000 Project 13: 2022 Public Canterbury Commons Roadways (east side of development), Canterbury Developer project, $7,000,000 Project 14: 2019 Shenandoah Dr/12th Ave/Vierling Dr roundabout. City project, $350,000 Project 15: 2021 Areawide wayfinding system. Canterbury Developer project, $100,000 Justification Infrastructure improvements warranted as part of existing conditional traffic safety and operational needs and needed infrastructure as part of the Canterbury Commons development. Canterbury will be responsible for the "Cost Sharing" portion of this project, reimbursed via TIF. The City will issue G.O. Improvement Bonds for the City's Dortion of the Droiect, to be reimbursed via TIF (including interest). Expenditures 2019 2020 2021 2022 2023 Total Improvements 15,600,000 7,200,000 100,000 7,000,000 1,400,000 31,300,000 Funding Sources Total 15,600,000 2019 7,200,000 2020 100,000 2021 7,000,000 2022 1,400,000 2023 31,300,000 Total Capital Bonds Cost Sharing 7,200,000 8,400,000 7,200,000 100,000 7,000,000 1,400,000 8,600,000 22,700,000 Total 15,600,000 7,200,000 100,000 7,000,000 1,400,000 31,300,000 40 Page 90 of 255 Capital Improvement Plan City of Shakopee, Minnesota 2019 thru 2023 Department Capital Improvements Fund Contact Public Works Director LEGEND 49 0 -Improvement Number (3 Signal 0 (2019-2020) Signai (2030-2940) Consider seasonal Impacts s "t 2020 20...um a uuuuuuuouuuuuuuu � 2 1 ) IIIIIIIIIIIIIIIIIIIIII r PD R' Phasing tau �i� 13. @r Ibbs �,. �R 03 Project c.. ( Updates 9 ��oa Phase 1 202E d (2025) °aH�rrtuim�i (2 01 31201 9( muuuumpuuluulummgmlm� + 2 b 4 -Lane to 3 -Lane ...... 14 AatdItlural �(2013.2023 Roundabout es roun Restripo (201912020) Right-Turn K4iddie Lane t.artVe (202tk•2025( (2025+( pha e'2 Jr NMaANft'AlNlfl CII IIVI19p'�%;�yJ',e1W1iM pk((N00@IIMMVHPI iaaU (291912020(�i,�a.. v y 1 r tfo" ihla pammmioululu1111nS 4 aumn S! y "Restudy once Shenandoah DOMAve Advanced has been reconstructed to determine Right -Turn appropriate roundabout configuration Lane (2022-2023) (2019.2025) s� is General Area Wayfinding Signage Q2019.2021i 0114 Construction Phasing/Prioritization Considerations Canterbury Commons Traffic Study City of Shakopee 01811556 JLJly 2018 Figure 10 41 Page 91 of 255 U :0] M1 **1- Lei Z V-11 461:4 This Agreement is made and entered into on the 22nd day of March, 2019, between the CITY OF SHAKOPEE, 485 Gorman Street, Shakopee, MN 55379 ("City") and SRF CONSULTING GROUP, INC., I Carlson Parkway N, Suite 150, Minneapolis MN 55447- 4443 ("Consultant"). Preliminary Statement The purpose of this Agreement is to set forth terms and conditions for the provision of professional services by the Consultant for the City for the following described Project: Barenscheer Boulevard Project CIF -19-004 The City and Consultant agree as follows: 1 Consultant's Services. The Consultant agrees to provide professional services as described in Exhibit A, Scope of Work and any addenda thereto. The Consultant shall serve as the City's professional consultant in the specified work and shall provide consultation and advice to the City during the performance of its services. The Consultant agrees to use the City's standard specifications in any bidding documents prepared under this Agreement. The requirements of this section may be waived by the City if the City Engineer determines that they are not necessary for the successful completion of the project. A Consultant requesting a requirement to be waived must have written authorization from the City Engineer and must be incorporated into this agreement. 2. Time for Performance of Services. The Consultant will endeavor to perform the services outlined in the work program within the prescribed days from the date of the contract award, Any changes in this schedule must be approved in writing by the City. 3. Term. The term of this Agreement will be from April 2, 2019, through November 29, 2020, the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 4. Compensation for Services. City agrees to pay the Consultant for services as described in Exhibit A, attached and made a part of this Agreement, which may be amended from time to time by mutual agreement by City and Consultant. The Consultant's hourly rates must be based on the hourly rates approved by the City. Page 1 SRF — Barenscheer Boulevard Project Professional Services Agreement, design services March 2019 Page 92 of 255 The Agreement amount shall include all services to be rendered by the Consultant as part of this Agreement (including all travel, living and overhead expenses incurred by the Consultant in connection with performing the services herein) except for special services authorized in writing by the City. The amount stipulated shall be considered a "Not to Exceed" cost to the City. The Consultant must keep track of the costs billable under this contract at all times; any work in excess of the negotiated amount shall not be eligible for payment unless preapproved. The Consultant must notify the City if the Consultant anticipates that the negotiated amount might be exceeded, in order to determine whether or not the City is prepared to increase the compensation. This notification and approval must occur in advance of the work occurring to be considered for compensation. 5. Payment of Fees. The Consultant must submit itemized bills for services provided to the City on a monthly basis. The monthly billing must summarize the progress of the project as certified by the Consultant. For work reimbursed on an hourly basis, the Consultant must indicate for each employee, his or her classification, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, the total amount due, the original contracted amount, the current requested amount, and the total amount. Consultant must verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.931. For reimbursable expenses, the Consultant must provide such documentation as reasonably required by the City. Consultant bills submitted will be paid in the same manner as other claims made to the City. 6. Audit Disclosure. The Consultant must allow the City or its duly authorized agents reasonable access to such of the Consultant's books and records as are pertinent to all services provided under this Agreement. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential must not be made available to any individual or organization without the City's prior written approval. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Consultant will become the property of the City upon termination of this Agreement, but Consultant may retain copies of such documents as records of the services provided and may reuse standard portions of such documents in the normal course of its business. 7. Termination. Termination for Cause. This Agreement may be terminated by City by seven day's written notice to Consultant delivered to the address written above. Page 2 SRF — Barenscheer Boulevard Project Professional Services Agreement, design services March 2019 Page 93 of 255 Upon termination under this provision, the Consultant will be paid for services rendered and reimbursable expenses until the effective date of termination. If, through any cause (except those reasonably beyond Consultant's control), the Consultant shall fail to fulfill in timely and proper manner its obligations under this Contract, or if the Consultant shall violate any of the covenants, agreements, or stipulation of this Contract, the City shall thereupon have the right 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 date of termination. In that event the Consultant shall have sixty (60) days to furnish all finished or unfinished documents, computer programs, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Consultant under this Contract, which shall, at the option of the City, become its property, and the Consultant shall be entitled to receive just, equitable compensation for any satisfactory work completed on such documents and other materials prior to the effective date of termination. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Contract by the Consultant, and the City may withhold any payments to the Consultant for the purpose of setoff until such time as the exact amount of damages due the City from the Consultant is determined. In the event this Contract is terminated for cause, then the City may take over and complete the work, by contract or otherwise, and the Consultant and its sureties shall be liable to the City for any costs over the amount of this contract thereby occasioned by the City. In any such case the City may take possession of, and utilize in completing the work, such materials, appliances and structures as may be on the work site and are necessary for completion of the work. The foregoing provisions are in addition to, and not in limitation of, any other rights which the City may have. Termination Not For Cause. The City may terminate this Contract at any time, with or without cause, by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. In that event, the Consultant shall have sixty (60) days to furnish all finished or unfinished documents, computer programs, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Consultant under this Contract, which shall, at the option of the City, become its property. If the Contract is terminated by the City as provided in this paragraph, the Consultant will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total Page 3 SRF — Barenscheer Boulevard Project Professional Services Agreement, design services March 2019 Page 94 of 255 services of the Consultant covered by this Contract, less payments or compensation previously made. 8. Subcontractor. The Consultant must not enter into subcontracts for any of the services provided for in this Agreement without the express written consent of the City, 9. Independent Contractor. At all times and for all purposes hereunder, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 10. Assignment. Neither party will assign this Agreement, nor any interest arising herein, without the written consent of the other party. 11. Services not Provided for. No claim for services furnished by the Consultant not specifically provided for herein will be honored by the City. 12. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision will not affect the remaining provisions of the Agreement. 13. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement will be valid only when expressed in writing and duly signed by the parties unless otherwise provided herein. 14. Compliance with Laws and Regulations. In providing services hereunder, the Consultant must abide by all statutes, ordinances, rules and regulations pertaining to the provision of services to be provided. Any violation will constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 15. Equal Opportunity. During the performance of this contract, the Consultant must not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, or age. The Consultant must post in places available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause and stating that all qualified applicants Page 4 SRF — Barenscheer Boulevard Project Professional Services Agreement, design services March 2019 Page 95 of 255 will receive consideration for employment. The Consultant must incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. 16. Waiver. Any waiver by either party of a breach of any provisions of this Agreement will not affect, in any respect, the validity of the remainder of this Agreement. 17. Liability and Indemnity. The Consultant must indemnify and hold harmless the City, its employees and agents, for all claims, damages, losses, and expenses, including, but not limited to, attorney's fees, which they may suffer or for which they may be held liable, as a result of, and to the extent of, the negligent or wrongful acts of the Consultant, his employees, or anyone else for whom he is legally responsible in the performance of this Agreement. The Consultant assumes full responsibility for relations with its subcontractors, and must hold the City harmless and must defend and indemnify the City, its employees and agents, for any claims, damages, losses, and expenses in any manner caused by such subcontractors, arising out of or connected with this contract. 18. Insurance. During the term of this Agreement, Consultant must procure and maintain during the life of this Contract, and provide the City with a certificate of insurance showing, the following coverage for each occurrence and in aggregate: A. Comprehensive General Liability Insurance, including Broad Form Property Damage, Completed Operations and Contractual Liability for limits not less than $1,500,000 each occurrence for damages of bodily injury or death to one or more persons and $1,500,000 each occurrence for damage to or destruction of property. B. Insurance coverage for Special Hazards, including but not limited to explosion hazard, collapse hazard, underground property damage hazard, (commonly known as XCU). C. Comprehensive Automobile Liability Insurance, in an amount not less than $1,500,000 for each occurrence. Coverage shall include all owned autos, non -owned autos, and hired autos. D. Errors and Omissions Insurance against errors and omissions resulting from the performance of Consultant's work under this Agreement. Said Page 5 SRF — Barenscheer Boulevard Project Professional Services Agreement, design services March 2019 Page 96 of 255 coverage shall be in an amount not less than $2,000,000 per claim, $2,000,000 annual aggregate. E. Workmen's Compensation insurance for all its employees as required by the Minnesota Worker's Compensation Act. F. . The City of Shakopee must be named as "ADDITIONALLY INSURED" on the insurance described in paragraphs A, B, and C, and must receive 30 day written notice in the event of cancellation of any of the specified insurance. If the deductible provisions of the Consultant's coverage or any subcontractor's coverage is questioned by the City, the Consultant shall provide the City, upon request, "Proof of Assets". This policy must provide, as between the City and the Consultant, that the Consultant's coverage shall be the primary coverage in the event of a loss. If the Consultant is providing either architectural or engineering services, the Consultant must also maintain during the term of this Agreement a professional liability insurance policy with the same limits as for general liability. A certificate of insurance on the City's approved form which verifies the existence of these insurance coverages must be provided to the City before work under this Agreement is begun. 19. Governing Law. This Agreement will be controlled by the laws of the State of Minnesota. 20. Whole Agreement. This Agreement embodies the entire agreement between the parties including all prior understanding and agreements, and may not be modified except in writing signed by all parties. Executed as of the day and year first written above. CITY OF SHAKOPEE SRF CONSULTING GROUP, INC. By: By: William H. Reynolds, City Administrator Date: By: Bill Mars, Mayor Date: Its: Date: SRF — Barenscheer Boulevard Project Professional Services Agreement, design services March 2019 Page 97 of 255 Page 6 Ll hok� I EXHIBIT A SRF, '12489.PP March 25, 2019 Mr. Steve Lillchaug, PE, PTOE Public Works Director/City Engineer City of Shakopee 485 Gorman Street Shakopee, MN 55379 Subject: Proposal for Professional Services for Barenscheer Boulevard Construction Reconstruction; Shenandoah Drive to CSAR 83 Dear Mr. Lillehaug: Based on your request, SRF Consulting Group, Inc. (SRF) is pleased to submit this proposal to provide professional services for reconstruction of Barenscheer Boulevard between the intersection of Shenandoah Drive and CSAH 83 (Canterbury Road). Scope of Services We propose to carry out the work ("Scope of Services"), set forth in Attachment A, attached hereto and incorporated into this Agreement. Assumptions Specific design assumptions for the design are included in the Scope of Services, Attachment A, attached hereto and incorporated into this Agreement. MMMIR We will complete this work within a mutually agreed-upon time schedule. We currently understand the City desires to begin construction in spring 2020 and be substantially complete by November 2020. Basis of Payment/Budget We propose to be reimbursed for out services on an hourly basis for the actual time expended. Other direct project expenses such as printing, supplies, reproduction, etc., will be billed at cost and mileage will be billed at the current allowable IRS rate for business miles. Invoices are subn-fitted monthly for work performed during the previous month. Payment is due within 30 days. Based on our understanding of the project and our scope of services, we estimate the cost of our services to be $435,836 which includes both time and expenses. This estimate is based on an approximate construction cost of $6.5M. Changes in the Scope of Services It is understood that if the scope or extent of work changes, the cost will be adjusted accordingly. Before any out -of -scope work is initiated, however, we will submit a budget request for the new work and will not begin work until we receive authorization from you. www.srfconsuIting.com 1 Carlson Parkway North, Suite 150 1 Minneapolis, MN 55447-4453 1 763.475.0010 Fax: 1.866.440.6364 An Equal Oppm-lunitj, Employer Page 98 of 255 Mr. Steve Lillehaug, PE City of Shakopee Terms and Conditions March 25, 2019 Page 2 We propose to perform this work consistent with the terms of a Professional Services Agreement with the City. We understand the terms of the Professional Services Agreement will contain terms consistent with recent agreements executed for 12th Avenue reconstruction. Acceptance/ Notice to Proceed A signed copy of this proposal, mailed or emailed to Mike Turner in our office, will serve as acceptance of this proposal and our notice to proceed. The email address is mturner@srfconsi-ilting.com. We sincerely appreciate your consideration of this proposal and look forward to working with you on this project. Please feel free to contact us if you have any questions or need additional information. Sincerely, SRF CONSULJ'1NG GROUP, INC. Michael R. Turner, PE (MN SD TN Kenneth A. Holte, PE (MN WI IA) Principal Vice President MRT/l,'-AI-1/rb Attachment A — Scope of Services MIT= fl CITY OF SHAKOPEE (signalitre) Name Title Date This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal. S.-\A,Itit-keliirg\llivposals\2019 Leper llroposals\1248APP Beiivlisl)eer3'1)(ik.opee\12489—Btireii.rcl)eerPlopoftil- 20190322.doc.\, Page 99 of 255 *4.E.2. Shakopee City Council April 2, 2019 FROM: Kirby Templin, Water Resources - Environmental Engineer TO: Mayor and Council Members Subject: Ridge Creek Park and Prior Lake Outlet Channel Improvements Policy/Action Requested: Authorize the execution of a professional services agreement with MKSK and Barr for design and construction services for the Ridge Creek Park and Prior Lake Outlet Channel Improvements (PR -19-001). Recommendation: Authorize execution of the agreement. Discussion: The City's Capital Improvement Plan (CIP) includes the Ridge Creek Park and Prior Lake Outlet Channel Improvements project (PR -19-001). This project includes improvements to park land at the Ridge Creek development. Park improvements include nature park amenities (board walk, trails, overlook amenities, and educational elements), realignment of the Prior Lake Outlet Channel to better handle increased run-off due to development, incorporating water quality best management practices to reduce sediment and phosphorus, and wetland enhancement. Attached are the CIP project summary sheet and park concept. City staff needs assistance from a consultant for design, construction inspection, and construction management services to complete the project based on current and expected workload. City staff worked with MKSK and Barr, to develop a scope of work needed to assist and deliver the project. MKSK and Barr have provided timely and cost effective assistance to city staff with past projects in 2018 and 2019. The MKSK and Barr team has the experience, technical skill, and capacity to provide the needed services and are firms in the city's approved consultant pool. The attached Professional Services Agreement authorizes and describes the scope and fee for their work on this project. It should also be noted that the attached Ridge Creek Park Vision Plan concepts that were Page 100 of 255 previously presented to the City Council will be the basis for the final design elements of the project. During the visioning and concept development stages of the park, it should also be noted that detailed cost estimates were not completed. As part of the initial work to be performed by the project team, detailed cost estimates will be completed to verify accurate project costs and to ensure appropriate funding has been budgeted. Alternate Task I is to do a concept layout and preliminary design for improvements to the Riverside Bluffs Fields park which will look at the connection and function between the two parks. Alternate Task 2 is to evaluate the existing Foothill Trail drainage issue. This evaluation is to identify if there is an improvement that can be made in conjunction with the Ridge Creek Park project to improve the drainage issue. Budget Impact: The base scope of work plus Alternate 1 and Alternate 2 are proposed to cost (not to exceed) $309,702. Also, there are four additional investigations/assessments that may be required due to permitting needs. If these permits are needed, the four investigations/assessments total an additional (not to exceed) $38,684. The work is budgeted in the 2019 CIP within the Park Reserve Fund and the Storm Drainage Fund. ATTACHMENTS: D CIP Sheet D Ridge Creek Park Vision Plan D Agreement and Proposal Page 101 of 255 Capital Improvement Plan 2019 thru 2023 City of Shakopee, Minnesota Department Park Reserve Fund Contact Director of Planning & Devel Project # PR -I9-001 Type Improvement Useful Life Project Name Ridge Creek Park & Prior Lake Outlet Channel Imp Category Storm Sewer/Drainage Accounting Code Priority 1 Critical for Safety/Preservat Fund Park Reserve Fund Status Active Description Total Project Cost: $3,000,000 Future Park at the Ridge Creek development. A Ridge Creek Park Master Plan is being completed to provide guidance for this project to incorporate project goals. The improvements include: * nature park amenities (board walk and educational elements) * realignment of the Prior Lake Outlet Channel to better handle increased run-off due to development * incorporating water quality best management practices to reduce sediment and phosphorus *wetland enhancement Potential Grants: Lower Mn River WD $100,000; Prior Lake Spring Lake WD $50,000; Prior Lake Outlet Channel (FLOC) $108,000; Other Grants (State or Federal) $72,000 Justification The land has been donated by developer as parkland, which will serve the adjacent community. Existing agreement with Prior Lake Outlet Channel requires the City to maintain the channel upon the City utilizing the channel for urban development. Increased runoff from development will require a larger channel. Expenditures 2019 2020 2021 2022 2023 Total Construction/Maintenance 2,800,000 2,800,000 Engineering/Administration 200,000 200,000 Total 3,000,000 3,000,000 Funding Sources 2019 2020 2021 2022 2023 Total Grants 330,000 330,000 Park Reserve Fund 1,800,000 1,800,000 Storm Drainage Fund 870,000 870,000 PROJECT LOCATION 10 Page 102 of 255 �xjjmp I WR, I I " �i i � ya « � �' �IIIIIIIIIIIIIi01 � � IIIIIIIIIIIIII 11 iii ii I I it II i I I��I iIV�vY 4 iN f f i h i �' � ,,, � ,,„,,,_w �mmimvm�mmmreremimmumoomomm i�;, 7” LU r dim III t� %r. 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Preliminary Statement The purpose of this Agreement is to set forth terms and conditions for the provision of professional services by the Consultant for the City for the following described Project: PLSL Channel Improvements - Ridge Creek Park PR-19-001 The City and Consultant agree as follows: 1. Consultant's Services. The Consultant agrees to provide professional services as described in Exhibit A, Scope of Work and any addenda thereto. The Consultant shall serve as the City's professional consultant in the specified work and shall provide consultation and advice to the City during the performance of its services. The Consultant agrees to use the City's standard specifications in any bidding documents prepared under this Agreement. The requirements of this section may be waived by the City if the City Engineer determines that they are not necessary for the successful completion of the project. A Consultant requesting a requirement to be waived must have written authorization from the City Engineer and must be incorporated into this agreement. 2. Time for Performance of Services. The Consultant will endeavor to perform the services outlined in the work program within the prescribed days from the date of the contract award. Any changes in this schedule must be approved in writing by the City. 3. Term. The term of this Agreement will be from March 25, 2019, through December 31, 2020, the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 4. Compensation for Services. City agrees to pay the Consultant for services as described in Exhibit A, attached and made a part of this Agreement, which may be amended from time to time by mutual agreement by City and Consultant. The Consultant's hourly rates must be based on the hourly rates approved by the City. MKSK— PLSL Channel Improvements— Ridge Creek Park Project Page 1 Professional Services Agreement, Design Services March 2019 Page 116 of 255 The Agreement amount shall include all services to be rendered by the Consultant as part of this Agreement (including all travel, living and overhead expenses incurred by the Consultant in connection with performing the services herein) except for special services authorized in writing by the City. The amount stipulated shall be considered a "Not to Exceed" cost to the City. The Consultant must keep track of the costs billable under this contract at all times; any work in excess of the negotiated amount shall not be eligible for payment unless preapproved. The Consultant must notify the City if the Consultant anticipates that the negotiated amount might be exceeded, in order to determine whether or not the City is prepared to increase the compensation. This notification and approval must occur in advance of the work occurring to be considered for compensation. 5. Payment of Fees. The Consultant must submit itemized bills for services provided to the City on a monthly basis. The monthly billing must summarize the progress of the project as certified by the Consultant. For work reimbursed on an hourly basis, the Consultant must indicate for each employee, his or her classification, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, the total amount due, the original contracted amount, the current requested amount, and the total amount. Consultant must verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.931. For reimbursable expenses, the Consultant must provide such documentation as reasonably required by the City. Consultant bills submitted will be paid in the same manner as other claims made to the City. 6. Audit Disclosure. The Consultant must allow the City or its duly authorized agents reasonable access to such of the Consultant's books and records as are pertinent to all services provided under this Agreement. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential must not be made available to any individual or organization without the City's prior written approval. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Consultant will become the property of the City upon termination of this Agreement, but Consultant may retain copies of such documents as records of the services provided and may reuse standard portions of such documents in the normal course of its business. 7. Termination. Termination for Cause. This Agreement may be terminated by City by seven day's written notice to Consultant delivered to the address written above. Upon termination under this provision, the Consultant will be paid for services rendered and reimbursable expenses until the effective date of termination. MKSK— PLSL Channel Improvements— Ridge Creek Park Project Page 2 Professional Services Agreement, Design Services March 2019 Page 117 of 255 If, through any cause (except those reasonably beyond Consultant's control), the Consultant shall fail to fulfill in timely and proper manner its obligations under this Contract, or if the Consultant shall violate any of the covenants, agreements, or stipulation of this Contract, the City shall thereupon have the right 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 date of termination. In that event the Consultant shall have sixty (60) days to furnish all finished or unfinished documents, computer programs, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Consultant under this Contract, which shall, at the option of the City, become its property, and the Consultant shall be entitled to receive just, equitable compensation for any satisfactory work completed on such documents and other materials prior to the effective date of termination. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Contract by the Consultant, and the City may withhold any payments to the Consultant for the purpose of setoff until such time as the exact amount of damages due the City from the Consultant is determined. In the event this Contract is terminated for cause, then the City may take over and complete the work, by contract or otherwise, and the Consultant and its sureties shall be liable to the City for any costs over the amount of this contract thereby occasioned by the City. In any such case the City may take possession of, and utilize in completing the work, such materials, appliances and structures as may be on the work site and are necessary for completion of the work. The foregoing provisions are in addition to, and not in limitation of, any other rights which the City may have. Termination Not For Cause. The City may terminate this Contract at any time, with or without cause, by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. In that event, the Consultant shall have sixty (60) days to furnish all finished or unfinished documents, computer programs, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Consultant under this Contract, which shall, at the option of the City, become its property. If the Contract is terminated by the City as provided in this paragraph, the Consultant will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Consultant covered by this Contract, less payments or compensation previously made. MKSK— PLSL Channel Improvements— Ridge Creek Park Project Page 3 Professional Services Agreement, Design Services March 2019 Page 118 of 255 8. Subcontractor. The Consultant must not enter into subcontracts for any of the services provided for in this Agreement without the express written consent of the City. 9. Independent Contractor. At all times and for all purposes hereunder, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 10. Assignment. Neither party will assign this Agreement, nor any interest arising herein, without the written consent of the other party. 11. Services not Provided for. No claim for services furnished by the Consultant not specifically provided for herein will be honored by the City. 12. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision will not affect the remaining provisions of the Agreement. 13. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement will be valid only when expressed in writing and duly signed by the parties unless otherwise provided herein. 14. Compliance with Laws and Regulations. In providing services hereunder, the Consultant must abide by all statutes, ordinances, rules and regulations pertaining to the provision of services to be provided. Any violation will constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 15. Equal Opportunity. During the performance of this contract, the Consultant must not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, or age. The Consultant must post in places available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant must incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. MKSK— PLSL Channel Improvements— Ridge Creek Park Project Page 4 Professional Services Agreement, Design Services March 2019 Page 119 of 255 16. Waiver. Any waiver by either party of a breach of any provisions of this Agreement will not affect, in any respect, the validity of the remainder of this Agreement. 17. Liability and Indemnity. The Consultant must indemnify and hold harmless the City, its employees and agents, for all claims, damages, losses, and expenses, including, but not limited to, attorney's fees, which they may suffer or for which they may be held liable, as a result of, and to the extent of, the negligent or wrongful acts of the Consultant, his employees, or anyone else for whom he is legally responsible in the performance of this Agreement. The Consultant assumes full responsibility for relations with its subcontractors, and must hold the City harmless and must defend and indemnify the City, its employees and agents, for any claims, damages, losses, and expenses in any manner caused by such subcontractors, arising out of or connected with this contract. 18. Insurance. During the term of this Agreement, Consultant must procure and maintain during the life of this Contract, and provide the City with a certificate of insurance showing, the following coverage for each occurrence and in aggregate: A. Comprehensive General Liability Insurance, including Broad Form Property Damage, Completed Operations and Contractual Liability for limits not less than $1 ,500,000 each occurrence for damages of bodily injury or death to one or more persons and $1,500,000 each occurrence for damage to or destruction of property. B. Insurance coverage for Special Hazards, including but not limited to explosion hazard, collapse hazard, underground property damage hazard, (commonly known as XCU). C. Comprehensive Automobile Liability Insurance, in an amount not less than $1,500,000 for each occurrence. Coverage shall include all owned autos, non-owned autos, and hired autos. D. Errors and Omissions Insurance against errors and omissions resulting from the performance of Consultant's work under this Agreement. Said coverage shall be in an amount not less than $2,000,000 per claim, $2,000,000 annual aggregate. E. Workmen's Compensation insurance for all its employees as required by the Minnesota Worker's Compensation Act. F. The City of Shakopee must be named as "ADDITIONALLY INSURED" on the insurance described in paragraphs A, B, and C, and must MKSK— PLSL Channel Improvements— Ridge Creek Park Project Page 5 Professional Services Agreement, Design Services March 2019 Page 120 of 255 receive 30 day written notice in the event of cancellation of any of the specified insurance. If the deductible provisions of the Consultant's coverage or any subcontractor's coverage is questioned by the City, the Consultant shall provide the City, upon request, "Proof of Assets". This policy must provide, as between the City and the Consultant, that the Consultant's coverage shall be the primary coverage in the event of a loss. If the Consultant is providing either architectural or engineering services, the Consultant must also maintain during the term of this Agreement a professional liability insurance policy with the same limits as for general liability. A certificate of insurance on the City's approved form which verifies the existence of these insurance coverages must be provided to the City before work under this Agreement is begun. 19. Governing Law. This Agreement will be controlled by the laws of the State of Minnesota. 20. Whole Agreement. This Agreement embodies the entire agreement between the parties including all prior understanding and agreements, and may not be modified except in writing signed by all parties. Executed as of the day and year first written above. CITY OF SHAKOPEE MKSK By: By: William H. Reynolds, City Administrator Date: Its: Date: By: Bill Mars, Mayor Date: MKSK— PLSL Channel Improvements— Ridge Creek Park Project Page 6 Professional Services Agreement, Design Services March 2019 Page 121 of 255 Exhibit A MKSK 504 RhettStreet Ste 204 Greenville,SC 29601 February 12th, 2019 Revised March 25, 2019 Mr. Michael Kerski, Director Department of Planning & Development City of Shakopee 485 Gorman Street Shakopee, MN 55379 Subject: Ridge Creek Park- Final Design and Engineering Proposal Rev2 Dear Mr. Kerski, Thank you for the opportunity to further assist you in the development of Ridge Creek Park. The enclosed proposal builds on the 2018 Vision Plan and provides services for final design and engineering. Please review and let us know if this meets the needs of the City and if you need us to modify any of the content. Respectfully submitted, Darren Meyer, Principal MKSK MKSKSTucaias,CaM Page 122 of 255 MKSK Background & Project Description The City of Shakopee has ownership of outlots A & B in the Lennar development at Ridge Creek and intends to develop these outlots as a passive public park that incorporates the existing wetlands, natural features, and that completes important trail connections. Building on the Ridge Creek Park Vision Plan prepared by MKSK and affirmed by City Council in December 2018, the Scope of Services described herein provides for the final design and engineering of the park and the preparation of documents for bidding and construction. Please see Section C for a detailed description of the Scope of Basic Services. Project Location & Boundaries Please see Section B for project location and boundaries. Project Budget The City of Shakopee has $3,000,000 budgeted for design and construction. Project Schedule Assuming all base information by others is complete and suitable for the project (survey, wetland delineation, subsurface investigation), we anticipate 5 months from Notice-To-Proceed to completion of Construction Documents. Professional Fees & Expenses Please see Section D for professional fees broken down by phase and consultant. Project Team MKSK will serve as the lead consultant and provide landscape architecture and graphic design (signage and wayfinding) services. Darren Meyer will serve as Principal-in-Charge with Barrett Armstrong serving as Project Manager. Barr Engineering will be a subconsultant to MKSK and provide civil, structural, electrical, environmental and water resources engineering under the direction of Steve Klein,Vice President. The design & engineering phase of the project will be managed through the City of Shakopee Department of Planning & Development under Director Michael Kerski and Senior Planner Joe Widing. Procurement The Scope of Basic Services assumes the creation of one set of Construction Drawings and Specifications (Div 2-49) for a single bid package. Meetings The Scope of Basic Services assumes six Staff meetings, one City Council or Public Meeting, and two MKSK person-trips during the design phase. Base Information The Scope of Basic Services herein assumes that base information prepared for the Lennar development and base information prepared under direct contract with the City will be made available (through the City of Shakopee) to MKSK in electronic format and will be suitable for preparing construction plans: - Survey (topographic, boundary, utility) - Record Drawings (stormwater facilities adjacent to wetlands) - Jurisdictional Delineation of streams and wetlands - Subsurface Investigation Report 9 WSKSTUDIO&CQM Page 123 of 255 MKSK 0000 .10 6�V CCTIK lilt, PP G JA ONE a �^ z I PqF]lq ❑ ❑®❑❑❑❑,, nci 13 IQ31DI # jq�,On 9El I Pr-17A --7:iq +11-\1 NmMcfSm�EmAnu Park 2 MKSKSTUDIOS.COM Page 124 of 255 MKSK Professional Fees & Expenses: The Scope of Basic Services described herein will be performed for a time and materials fee not to exceed $285,746 inclusive of Direct Project Expenses. Professional Fees MKSK Barr Total Site Investigation $9,425 $14,260 $15,174 Design Development $49,971 $24,680 $74,651 Water Quality Design $0 $19,680 $19,680 Construction Documents $60,958 $59,475 $120,433 Bidding & Permitting $3,389 $6,150 $9,539 Construction Administration $17,118 $20,640 $37,758 TOTAL $140,861 $144,885 $285,746 If Authorized Alternate 1 $12,816 $5,885 $18,701 Alternate 2 $935 $4,320 $5,255 Cultural & Historical Inv. $311 $6,330 $6,644 Env.Assessment Worksheet $812 $28,350 $29,168 Critical Habitat Survey $203 $990 $1,193 Env. Investigation Review $419 $1,260 $1,679 Authorization The proposal herein is an agreement between the City of Shakopee ("Client") and MKSK, Inc. (dba MKSK) and authorizes the services as described in this proposal. Client nature��. .�.�Date .Print Name and Title��. MSK2, LLC (dba MKSK) nature Date at e� 7 MKSKSTUDIOS.COM Page 125 of 255 *4.E.3. Pb9akA SHAKOPEE Shakopee City Council April 2, 2019 FROM: Kirby Templin, Water Resources— Environmental Engineer TO: Mayor and Council Members Subject: Bids for the Regional Storm Water Facility at the Scott County Government Center Project STS-22-001. Policy/Action Requested: Reject bid of Rachel Contracting, Inc. and Curb Masters, Inc., for the Regional Storm Water Facility at the Scott County Government Center Project STS-22-001. Recommendation: Approval as requested. Discussion: On January 9, 2019, City Council authorized the budget advancement of a portion of the Capital Improvement Plan project Storm-22-001. As part of Scott County's Government Center Project, there was an opportunity to capitalize on their parking lot work and partnership to construct a city storm water quality project that would treat the existing storm water runoff from a mostly residential area that exists south of the Government Center which would otherwise continue to flow directly into the Minnesota River untreated. The intent of the project was to package the city's water quality facility improvement with the county's project. The city's project was included as an Alternate 2 Bid of the Scott County Government Center project. Bids were received and opened on March 7, 2019. Two bids were received for the site work portion of the county's project (Base Bid) including the city's portion of the project (Alternate 2 Bid), summarized below. The low bid contractor is identified by the low amount of the sum of Base Bid and accepted Alternates for each Work Scope. It should also be noted that the Alternate 2 Bid work is not required to be awarded, dependent on the city's approval. Unfortunately, the low bidder is associated with the highest Alternate 2 bid. If the city were Page 126 of 255 to approve the city's portion of the project, the city can only consider the Alternate 2 Bid that aligns with the low total bid, which amounts to $218,096 (which is actually a substantially higher bid for the city's work when compared to lower bid amount of $130,000). County's Site Work Project (Base Bid) Plus City's Project (Alternate 2 Bid) Bidder I Base Bid IIAlternate 2 Bid Sum of Bid Rachel Contracting, 1$2,613,4821 $218,096 $2,831,578 S.M. Hentges & Sons, Inc. $2, 739,303 $130,000 $2,869,303 Based on the city's only option under the county's project of awarding the higher of the Alternate 2 Bids ($218,096 vs. $130,000), staff is recommending to reject the bid and not approve proceeding with the city portion of the project. With that said, the city has a potential future opportunity to provide a similar water quality treatment facility in an alternate location in a second larger parking lot to the west of the Government Center. The timing of the county's west parking lot project follows the main Government Center project so there is additional time to evaluate the feasibility of this project. Budget Impact: No budget impact. Funding will remain in the Surface Water Fund for future project considerations. Page 127 of 255 *4.E.4. Pb9akA SHAKOPEE Shakopee City Council April 2, 2019 FROM: Bill Egan, Supervisor - Park Maintenance TO: Mayor and Council Members Subject: Park Restroom Cleaning Contract Policy/Action Requested: Approve cleaning contract with Treasure Enterprises, Inc., in the amount of$33,125.19 for annual park restroom cleaning services. Recommendation: Authorize execution of the contract. Discussion: The city has contracted park restroom cleaning services since 2003. The cleaning and customer services provided by Treasure Enterprises, Inc., were satisfactory this past year. They continue to have the skill and capabilities to perform the required cleaning services as outlined in the attached contract for the period from April 1, 2019, to March 31, 2020. Budget Impact: Routine cleaning for the contract year is $33,125.19, which includes an annual increase of 3.5 percent from this past year's contract. This amount is included in the 2019 Parks operating budget. It should also be noted that window and extra/deep/event cleanings are additional, upon request. ATTACHMENTS: D Contract Page 128 of 255 SHAKOPEE PUBLIC WORKS DFPARTMFNT CITY OF SHAKOPEE CONTRACT FOR CLEANING SERVICES - PARK BUILDINGS 2019-2020 Bill Mars, Mayor Members of Council Jody Brennan Angelica Contreras Matt Lehman Jay Whiting Bill Reynolds, City Administrator Steve Lille haug, Public Works Director/City Engineer ® Superintendent Bill Egan, Supervisor - Park Maintenance Page 129 of 255 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2019 through March 31, 2020 TABLE OF CONTENTS I. DEFINITIONS........................................................................................................................... 3 II. GENERAL CONDITIONS........................................................................................................... 3 III. SPECIAL CONDITIONS........................................................................................................... 12 ATTACHM E NT A............................................................................................................................ 15 SPECIAL PROVISIONS..................................................................................................................... 15 ATTACHMENTB ............................................................................................................................ 16 HOURS OF OPERATION ................................................................................................................. 16 ATTACHMENTC ............................................................................................................................ 17 PRICES ........................................................................................................................................... 17 ATTACHMENTD............................................................................................................................ 18 SPECIFICATIONS............................................................................................................................ 18 Tahpah Park— 1490 Adams St S.................................................................................................... 19 Schleper Stadium (Tahpah Park)— 1490 Adams St S.................................................................... 20 LionsPark— 1103 Adams St S ....................................................................................................... 21 Huber Park— 150 Fillmore St N..................................................................................................... 22 Memorial Park— 1791 Co Rd. 101 E ............................................................................................. 23 17th Avenue Sports Complex—2600 17th Ave East...................................................................... 24 Westminster Park—801 Valley View Rd....................................................................................... 25 Green Meadows Park—3100 Thrush Street................................................................................. 26 Riverside Fields Park—7800 Crossings Blvd. ................................................................................ 27 Hiawatha Park—625 7th Avenue East.......................................................................................... 28 Holmes Park—628 4th Avenue West ........................................................................................... 29 Scenic Heights Park— 1195 Ruby Lane ......................................................................................... 30 Southbridge Community Park—7101 Southbridge Parkway ....................................................... 31 Page 2 of 32 Page 130 of 255 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2019 through March 31, 2020 This contract is entered into as of April 1, 2019 and ends March 31, 2020 by and between the City of Shakopee ("City") and Treasure Enterprises, Incorporated ("Contractor" or "Treasure Enterprises, Inc."). Now, therefore, in consideration of the promises and mutual obligation contained in this agreement, the parties covenant and agree as follows: I. DEFINITIONS Words, phrases, or other expressions used in these contract documents shall have meanings as follows: 1.1 "Administrator" shall mean the City Administrator of the City of Shakopee, Minnesota or his/her duly authorized representative. 1.2 "City" shall mean the City of Shakopee, Minnesota a municipal corporation, acting through its duly appointed officers, employees, agents and representatives. 1.3 "City Council" shall mean the City Council of the City of Shakopee, Minnesota. 1.4 "Code of Ordinances" shall mean the City of Shakopee Code of Ordinances. 1.5 "Contractor" means Treasure Enterprises, Incorporated and its duly authorized representatives. 1.6 "Date of Contract," or equivalent words, shall mean the date written in the first paragraph of the Contract Agreement. 1.7 "Day" or"days," unless herein otherwise expressly defined, shall mean a calendar day or days of twenty-four hours each. 1.8 "Finance Director" shall mean the Director of Finance of the City of Shakopee, Minnesota. 1.9 "Subcontractor" shall mean and refer only to a corporation, partnership, firm or individual having a direct contract with the Contractor for performing work in connection with this contract. II. GENERAL CONDITIONS 2.1 CONTRACTOR'S OBLIGATIONS: Page 3 of 32 Page 131 of 255 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2019 through March 31, 2020 A. In strict accordance with the terms of this Contract (including the General and Special Conditions and Specifications below)and at its sole cost and expense,the Contractor shall provide all of the labor, materials, necessary tools, expendable equipment, supplies, vehicles, transportation services, required to perform and complete the janitorial duties of the contract. B. Attachments A, B, C, D will have the working details of the cleaning obligations. 2.2 TERM OF CONTRACT: A. This contract shall become effective on the 1st day of April, 2019 and shall remain in full force and effect through March 31, 2020. B. At the expiration of the initial contract term, the City, at its sole discretion, may extend the contract for up to one (1) year each at the proposal price for the option years by delivering written notice of its intent to extend delivery to Contractor at least two (2) months prior to the expiration date of this contract. The proposal price for the option years shall be, at minimum, the proposal price for 2019 adjusted by the percentage increase in the consumer price index for all urban areas (CPI-U) from February 2018 to February 2019. 2.3 PAYMENT: A. After service is complete, the Contractor will bill the City monthly for the services included in this contract in accordance with the charges set forth in Attachment C to this agreement. 2.4 CONTRACTOR'S ACCIDENT PREVENTION: A. The Contractor shall comply with the safety provisions of all applicable laws, regulations and building codes, including, without limitation, the installation and maintenance of safeguards on machinery and equipment, the elimination of hazards, and worker safety training. B. The Contractor shall exercise precaution at all times to protect the safety of persons and property. C. The Contractor shall immediately notify the City of any accident of any kind, which involves the general public or private or public property, which occurs during the performance of this Agreement. Page 4 of 32 Page 132 of 255 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2019 through March 31, 2020 D. Upon City's request, the Contractor shall provide the City with a written report within forty-eight (48) hours including the details of any such accident. 2.5 DAMAGE TO PROPERTY: A. The Contractor shall take all necessary precautions to protect public and private property during the performance of this Agreement. B. Such property damage shall be addressed for repair or replacement, at no charge to the property owner, within forty-eight (48) hours with property of the same or equivalent value at the time of the damage. C. If the Contractor fails to address the repair or replacement damaged property in within forty-eight (48), the City may, but shall not be obligated to, repair or replace such damaged property, and the Contractor shall fully reimburse the City's for any of its reasonably incurred expenses. D. The Contractor shall reimburse and/or provide evidence of an insurance claim, the City for any such expenses within ten (10) days of receipt of the City's invoice. 2.6 INSPECTION: A. The City may appoint such Inspectors as it deems proper to inspect the work performed and Contractor's facilities for compliance with the contract documents. The Contractor shall furnish all reasonable assistance required by the Inspectors for the proper inspection of the work. B. Inspectors and other authorized representatives of the City shall be free at all times to perform their duties. Any attempted intimidation of one of them by the Contractor or his/her employees shall be sufficient reason, if the City so decides, to terminate the contract. C. Such inspection shall not relieve the Contractor from any obligation to perform the work strictly in accordance with the contract. 2.7 COMPLIANCE WITH LAWS, ORDINANCES AND REGULATIONS: A. The Contractor shall be familiar with, observe and comply with all ordinances, laws, and regulations which in any manner affect those engaged or employed in the work, or the materials, facilities or equipment used in the proposed work, or which in any way affect Page 5 of 32 Page 133 of 255 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2019 through March 31, 2020 the conduct of the work, and shall protect and indemnify the City and its officers and agents against any claim or liability arising from or based on any violation of same. B. If the Contractor shall discover any provision in the specifications or the contract, which is contrary to or inconsistent with any law, ordinance or regulation, he/she shall forthwith report it to the Administrator in writing. C. Amendments to existing regulatory laws and ordinances and enactment of new laws and ordinances shall not serve as justification for the Contractor to terminate his/her obligations hereunder, unless said amendments make the completion of this contract impossible. 2.8 TAXES, LICENSES AND PERMITS: A. The Contractor shall pay all sales, use, property, income, and other taxes that are lawfully assessed against the City or Contractor in connection with the Contractor's facilities and the work included in this contract and shall obtain, maintain and pay for all licenses, permits, certificates of authority, and inspections required for the work during the term of the Contract. 2.9 INDEPENDENT CONTRACTOR: A. The Contractor shall be responsible for the complete supervision and control of his/her Subcontractors. Notice to the Contractor shall be considered notice to the Subcontractors. B. The Contractor is, and shall remain for all purposes, an independent contractor, and its officers, employees, agents, or consultants shall not be deemed employees of the City, nor shall they be entitled to any separate payment of salary, wages, or any employee benefits available to employees of the City. C. The Contractor shall be solely responsible for any salaries, wages, benefits, fees or other compensation, which it may obligate itself to pay to any of its employees or consultants. D. Contractor agrees that during the term of this contract, or any extension of it, Contractor shall not assign, sell, or otherwise transfer more than 10% of: (a) its stock or other beneficial ownership interest; (b) voting rights; or (c) assets, to any person or party other than a member of the immediate family of an existing shareholder. A breach of this contract and the City may immediately terminate the contract. 2.10 ASSIGNMENT AND SUBCONTRACTING: Page 6 of 32 Page 134 of 255 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2019 through March 31, 2020 A. The Contractor shall not assign or subcontract the work, or any part thereof, without the previous consent of the Administrator, nor shall he/she assign, by power of attorney or otherwise, any of the money payable under this contract unless written consent of the City has been obtained. No right under this contract, nor claim for any money due or to become due hereunder shall be asserted against the City, or persons acting for the City, by reason of any so-called assignment of this contract or any part thereof, unless such assignment has been authorized by the consent of the City Council. B. In case the Contractor is permitted to assign moneys due or to become due under this contract, the instrument of assignment shall contain a clause subordinating the claim of the assignee to all prior liens for services rendered and materials supplied for the performance of the work and to any claims of the City arising out of or under this contract. C. Should any subcontractor fail to perform in a satisfactory manner the work undertaken by him/her, his/her subcontract should be immediately terminated by the Contractor upon written notice from the City. The Contractor shall be as fully responsible and accountable to the City for the acts and omissions of his/her subcontractors, and of persons either directly or indirectly employed by him/her, as he/she is for the acts and omissions of persons directly employed by him. D. Nothing contained in this contract shall create any contractual relation between any subcontractor and the City. The Contractor and his/her Surety alone shall be held responsible for the full and faithful performance of this contract. 2.11 GENERAL INDEMNIFICATION: A. The Contractor shall indemnify, keep and save harmless the City and its respective officers, agents and employees against all suits or claims that may be based upon any injury or damage to persons or property that may occur, or that may be alleged to have occurred, in the course of the performance of this contract by the Contractor, or as a result of the performance of this contract by the Contractor, whether or not it shall be claimed that the injury was caused through a negligent act or omission of the Contractor or his/her employees,or his/her subcontractors or his/her or their agents or in connection with any claim based on lawful demands of subcontractor, work person, suppliers; and whether or not the persons injured or whose property was damaged were third parties, employees or the Contractor or employees of an authorized subcontractor; and the Contractor shall at his/her own expense defend the City in all litigation, pay all attorneys' fees and all costs and other expenses arising out of the litigation or claim or incurred in connection therewith; and shall, at his/her own expense, satisfy and cause to be discharged such judgments as may be obtained against the City, or any of its officers, Page 7 of 32 Page 135 of 255 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2019 through March 31, 2020 agents or employees. B. When requested by the City, the Contractor shall submit satisfactory evidence that all persons, firms or corporations who have done work or furnished supplies under this contract, for which the City may become liable under the laws of the State of Minnesota, have been fully paid or satisfactorily secured. In case such evidence is not furnished or is not satisfactory, an amount may be retained from money due the Contractor which will be sufficient, in the opinion of the City, to meet all claims of the persons, firms, and corporations as aforesaid. Such sum shall be retained until the liabilities as aforesaid are fully discharged or satisfactorily secured. 2.12 INSURANCE: A. The Contractor(or City-Approved subcontractor) shall furnish prior to commencement of any work under this Contract certificate(s) of insurance providing insurance coverage as follows: (1) Workers' Compensation Insurance - Covering all persons engaged in work under this Contract to the full statutory limits stipulated in the Minnesota Workmen's Compensation Law. (2) Commercial Liability Insurance - Including premises and operations and including products/completed operations with the following minimum limits: Bodily Injury & Property Damage $1,000,000/each occurrence (3) Commercial Vehicle Liability Insurance - Including owned, non-owned and hired motor vehicles. Bodily Injury& Property Damage $2,000,000/each occurrence The above requirements should not be interpreted to limit the liability of the Contractor under this Contract. B. All insurers shall be either licensed or authorized to do business in the State of Minnesota. C. This coverage shall protect the Contractor, its employees, agents, representatives and subcontractors against claims arising out of the work performed. The City of Shakopee, its agents and employees shall be included as additionally insured with respect to all liability policies herein. D. A thirty(30) day cancellation clause with notice to the City of Shakopee shall be included; words modifying the cancellation clause such as "endeavor to" provide notice will be Page 8 of 32 Page 136 of 255 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2019 through March 31, 2020 unacceptable and must be stricken. E. It shall be the Contractor's responsibility to provide similar insurance for each subcontractor or to provide evidence that each subcontractor carries such insurance in like amount prior to the time such subcontractor proceeds to perform under the Contract. 2.13 DEFAULT AND TERMINATION: A. If the work to be done under this contract is abandoned by the Contractor; or if this contract is assigned by him/her without the written consent of the City Council; or if the Contractor voluntarily files for bankruptcy or is adjudged bankrupt; or if a general assignment of his/her assets is made for the benefit of his creditors; or if a receiver is appointed for the Contractor or any of his/her property; or if at any time the City determines that the performance of the work under this contract is being unnecessarily delayed or that the Contractor is violating any of the conditions of this contract, or that he/she is executing the same in bad faith or otherwise not in accordance with the terms of said contract, then the City may serve written notice upon the Contractor and his/her Surety of the City's intention to terminate this contract. B. Unless within ten (10) days after the serving of such notice by certified mail, a satisfactory arrangement is made for continuance,this contract shall terminate and the City may take over and prosecute the work to completion, by contract or otherwise. C. In the event of default or nonperformance on the part of the Contractor, the Contractor and its Surety shall be liable to the City for all excess cost sustained by the City by reason of the City. In the event the City complete the contract at a lesser cost than would have been payable to the Contractor under the contract, if the same had been fulfilled by said Contractor, then the City shall retain such difference. Should such costs to the City be greater,the Contractor and its Surety shall be liable for any pay the amount of such excess to the City. D. In the event of Contractor's default under the terms of this contract, all payments due to the Contractor shall be retained by the City and applied to the completion of the contract and to damages suffered and expense incurred by the City by reason of such default, unless the Surety on the performance bond shall assume the contract, in which event all payments remaining due the Contractor at the time of default, less amounts due the City from the Contractor and less all sums due the City for damages suffered and expense incurred by reason of such default shall be due and payable to such Surety. Thereafter, such Surety shall receive monthly payments equal to those that would have been paid the Contractor had such Contractor continued to perform the contract. Page 9 of 32 Page 137 of 255 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2019 through March 31, 2020 E. If the City terminates the contract, the City may procure supplies or services similar to those so terminated, and the contractor/vendor shall be liable to the City for any excess costs for similar supplies and services, unless the contractor/vendor provides acceptable evidence that failure to perform the contract was due to causes beyond the control and without the fault or negligence of the Contractor. F. The City may release any building or facility listed on Attachment C from the contract by providing the Contractor with a minimum of 14 days advance written notice. Upon release of any such building or facility, the City will no longer be obligated to make payment to the Contractor for that building or facility. 2.14 FORCE MAJEURE: A. Whenever a period of time is provided for in this Agreement for either the City or the Contractor are to do or perform any act or obligation, neither party shall be liable for any delays or inability to perform due to causes beyond the control of said party such as war, riot, unavoidable casualty or damage to personnel, materials or equipment, fire, flood, storm, earthquake, tornado or any act of God, but not strike or lockout. B. The time period for the performance in question shall be extended for only the actual amount of time said party is so delayed. 2.15 PENALTIES: A. The Administrator and his/her designee shall notify the Contractor for each violation of the Contract, reported to or discovered by him/her or the City. It shall be the duty of the Contractor to take whatever steps may be necessary to remedy the cause of the complaint and notify in writing the City of its disposition within twenty-four (24) hours after receipt of complaint. B. The first failure to properly perform any item of work will result in written notification to the contractor by the City Administrator and/or his/her designee. The second failure to properly perform any item of work will result in a penalty to the contractor. The City will reduce the amount of the penalty from the amount owed as payment to the contractor. C. The penalty amounts will be as follows: 1) Failure to complete any daily task----------------------------$55.00 each incident. Each location is considered one incident. 2.16 NOTICES: Page 10 of 32 Page 138 of 255 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2019 through March 31, 2020 A. Any notice or demand required or permitted to be given or made there under shall be sufficiently given or made by facsimile, e-mail, messenger delivery, overnight delivery, or certified mail in a sealed envelope, postage prepaid, addressed as follows: City of Shakopee Treasure Enterprises, Inc. Public Works Fidelis Odeh, President 400 Gorman Street PO Box 581212 Shakopee, MN 55379 Minneapolis, MN 55458 B. Either party may change the address to which notices may be sent by furnishing written notice of such change to the other party. C. Notice delivered by messenger, overnight delivery, facsimile, or e-mail shall be deemed received upon delivery. Notice delivered by mail shall be deemed to have been given as of the date of the U.S.P.S. postmark. 2.17 SEVERABILITY: A. If any of the provisions of this Contract are determined by a court of competent jurisdiction to be invalid, such provisions shall be deemed to be stricken, and such adjudication shall not affect the validity of the remainder of the terms of this Contract as a whole or of any section, subsection, sentence or clause not adjudged to be invalid so long as the material purposes of this Contract can be determined and effectuated. 2.18 GOVERNING LAW AND VENUE: A. This Contract shall be governed by the laws of the State of Minnesota. B. Venue for any action taken by either the City or the Contractor, whether in law or in equity, to enforce the terms of this Contract shall be in the District Court of the Judicial District, Scott County, Minnesota, and the Contractor hereby waives whatever rights it may have in the selection of venue. 2.19 RIGHT TO REQUIRE PERFORMANCE: A. The City's failure at any time to require performance by the Contractor of any of the specifications in this Contract shall in no way affect the right of the City thereafter to enforce it. B. No waiver by the City of any breach of specifications in this Contract shall betaken or held Page 11 of 32 Page 139 of 255 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2019 through March 31, 2020 to be a waiver of any succeeding breach of such specifications in this Contract, nor shall such a waiver of a single breach be taken or held to be a waiver of any specification itself. 2.20 OPTION TO CHANGE SERVICE; AMENDMENTS: A. The City shall have the option to change the service provided during the term of this Contract, including, without limitation, changing the types of cleaning materials and equipment used, times and/or days of service, and number and/or location of city facilities. B. The City shall exercise such option by serving written notice to the Contractor at its designated place of business at least ten (10) days before the date such service change is contemplated to begin. C. Immediately after written notice is served, the parties shall enter into good faith negotiations concerning the terms, frequency, and the details of pricing the services that are provided. D. Any modification or amendments to this Agreement shall be in writing and shall be signed by the parties. III. SPECIAL CONDITIONS 3.1 CUSTOMER SERVICE A. The Contractor shall establish and maintain a local phone number to which City personnel may call or send inquiries and complaints, and from which City personnel may receive information and instructions. B. The Contractor shall provide the Administrator with information concerning the location, telephone number(s) and mailing addresses of the customer service office established above, and any other facility that will be used in the provision of services under this Contract. C. The Contractor shall provide the Administrator with information concerning the Contractor's designated person(s) for the purposes of obtaining instructions, answering inquiries, and resolving complaints. Such persons shall be available to discuss, and if necessary meet with City personnel to resolve problems. D. The Contractor shall provide the City with at least one telephone number and email address, which may be used by City personnel to communicate with the Contractor after Page 12 of 32 Page 140 of 255 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2019 through March 31, 2020 regular business hours or during an emergency. E. The Contractor shall equip such office with a sufficient number of telephones and personnel to accommodate inquiries. F. Except as otherwise directed by the City, contractor customer service shall be available at least between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday, except during holidays. G. In addition, the Contractor will communicate by email with City staff on a quarterly basis in order to discuss the performance of duties carried out by the contractor according to the cleaning services specifications. 3.2 EMPLOYEES AND CONDUCT: A. The Contractor shall use care and diligence in the performance of this Agreement and shall perform all janitorial services required by this Agreement in a neat, orderly, and efficient manner. B. The Contractor shall provide neat, orderly, and courteous personnel for its services and shall provide courteous and knowledgeable personnel for its customer service office. C. The Contractor shall prohibit its employees from drinking alcoholic beverages or using any controlled substance, except pursuant to a doctor's prescription, while on duty, or in the course of performing their duties under this Agreement. D. If the City determines that any of the Contractor's employees is unfit or unsuitable to perform the services under this Agreement as a result of intoxication, drug use, or by virtue of abusive or obnoxious behavior, then, upon the City's written request, the Contractor shall remove such employee from work within the City and furnish a suitable and competent replacement employee. E. All of the Contractor's employees working within the City shall be required to wear a shirt with their company name and an "Authorized City Contractor" identification badge with a picture that clearly indicates that the Contractor employs the employee.The Contractor will provide the shirt and the identification badge will be provided by the City. F. All of the Contractor's vehicle operators working within the City shall carry valid state driver's licenses for the class of vehicle operated. Such vehicle operators shall obey all traffic regulations, including weight and speed limits. Page 13 of 32 Page 141 of 255 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2019 through March 31, 2020 3.3 EQUIPMENT A. All equipment used in the performance of this Contract, shall be wholly owned by the Contractor; provided, leasing or rental agreements or conditional sales contracts may be allowed where approved by the City, in writing, prior to execution of this Contract. The equipment to be used in performance of this Contract is made part of this Contract by reference. B. No further encumbrance shall be placed upon any of such equipment without the approval of the City, save that the Contractor may, without consent, mortgage or otherwise encumber said equipment and facilities for the purpose of enabling the Contractor to replace the same or add thereof. Page 14 of 32 Page 142 of 255 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2019 through March 31, 2020 ATTACHMENT A SPECIAL PROVISIONS GENERAL INFORMATION: General Description of Work: Contractor shall provide all labor, supervision, insurance, equipment and cleaning materials necessary to provide general cleaning for seasonal parks: 1. Hiawatha, 2. Holmes, 3. Huber, 4. Scenic Heights, 5. Tahpah 6. Joe Schleper Stadium (at Tahpah), 7. Memorial, 8. Lions, 9. Westminster, 10. Green Meadows, 11. Riverside Fields, 12. 17th Avenue Sports Complex, 13. Southbridge Community. Supplies:The City shall supply the following materials: All paper towels for dispensers in public and employee restrooms; all "roll-type" paper towels; plastic bags for wastebaskets; all soap for dispensers in public and employee restrooms, fresheners, and toilet paper. The contractor will supply all OSHA/EPA approved cleaning solutions, cleaning soaps, detergents, waxes, polishes, brooms, mops, rags, sponges, squeegees, buckets, mechanical polishers, buffers, vacuum cleaners, and any other item, tool or equipment needed to clean and/or sanitize the building. The awarded contractor must maintain up-to-date SDS (Safety Data Sheets) for all supplies used in each city facility. Keys: To be returned to the Park Supervisor upon contract expiration. Final invoice will be paid upon the return of the keys. Page 15 of 32 Page 143 of 255 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2019 through March 31, 2020 ATTACHMENT B HOURS OF OPERATION Cleaning Schedule: Cleaning is to be done one (1) to seven (7) days per week, depending on the city facility. Cleaning shall be done on weekdays (Mon-Fri) before 10:00 am or after 9:00 pm and on weekends (Sat-Sun) before 7:00 am and after 7:00 pm. City staff and contractor shall discuss, determine, and record the cleaning schedule and hours of operation to ensure a good working schedule for both parties. EMEp44y `` : T Days per week Begin: April 1- 15* End: October 15— November 1* Cleaning Days: Monday, Tuesday, Wednesday, Thursday, Friday, Saturday, Sunday 1) 2) �) 3) 4) 5) 6) 7) Westminster Park 8) Green Meadows Park 9) Riverside Fields Park 10) Southbridge Community Park "ff =: 2 Days/week Begin: May 15* End: October 15* 2 Days per Week Cleaning Day: Mondays, Fridays Begin: December 20* 1 �,r%�� End: February 20* Cleaning Days: Mondays, Fridays 3) 1) Westminster Park mm a lu i i um i luuo i'.. a um i unl illlu 2) Green Meadows Park 3) Riverside Fields Park 4) 5) Southbridge Community Park * Dates TBD(weather dependent-City to contact Contractor with exact dates). Page 16 of 32 Page 144 of 255 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2019 through March 31, 2020 ATTACHMENT C PRICES Spring-Summer-Fall use normally starts in April and ends in mid-October. Winter use typically starts mid-December and ends mid-February. Building Services & Prices SPRING-SUMMER-FALL Use:April —October Building Location Days/week Price/Month Tahpah Park 1490 Adams St. S 7: SMTWThFS $ 455.28 Schleper Stadium (Tahpah) 1490 Adams St. S 7: SMTWThFS $ 455.28 Lions Park 1103 Adams St. S. 7: SMTWThFS $ 388.08 Huber Park 150 Fillmore St. N 7: SMTWThFS $ 388.08 Memorial Park 1791 Co Rd. 101 E 7: SMTWThFS $ 388.08 17th Ave Sports Complex 260017 1h Ave. E 7: SMTWThFS $ 354.48 Westminster Park 801 Valley View Rd. 7: SMTWThFS $ 354.48 $4,270.23 Green Meadows Park 3100 Thrush St. 7: SMTWThFS $ 354.48 Riverside Fields Park 7800 Crossings Blvd. 7: SMTWThFS $ 354.48 Southbridge Community Park 7101 Southbridge Pkwy. 7: SMTWThFS $ 354.48 Hiawatha Park 6257 1h Ave. E 2: MF $ 141.02 Holmes Park 6284 1h Ave. W 2: MF $ 141.02 Scenic Heights Park 1195 Ruby Lane 2: MF $ 141.02 WINTER Use: December— February (Heated Buildings) Building Location Days/week Price/Month Hiawatha Park 625 7th Ave. E 2: MF $ 191.42 Holmes Park 6284 1h Ave. W 2: MF $ 161.18 Westminster Park 801 Valley View Rd. 2: MF $ 161.18 $1,077.86 Green Meadows Park 3100 Thrush St. 2: MF $ 141.02 Riverside Fields Park 7800 Crossings Blvd. 2: MF $ 141.02 Southbridge Community Park 7101 Southbridge Pkwy. 2: MF $ 141.02 Scenic Heights Park 1195 Ruby Ln. 2: MF $ 141.02 Options: >Window Cleaning Exterior/Interior $ 4.99/sq.ft. > Extra Cleaning/Projects/Events $ 19.00/hour >Open/close "big" deep clean, including windows, walls, etc.: $ 85.00/location o (1) Tahpah Park, (2)Schleper Stadium (Tahpah), (3)Huber Park, (4)17'h Ave Sports Complex, (5) Westminster, (6)Green Meadows, (7) Riverside Fields, (8)Southbridge Community Park Page 17 of 32 Page 145 of 255 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2019 through March 31, 2020 ATTACHMENT D SPECIFICATIONS Daily Log/Periodic Evaluations:The cleaning contractor will be required to complete a daily log of cleaning services. A cleaning log will be kept in each restroom facility. After the contract is awarded, the Park Maintenance Supervisor and the contractor will determine the logical placement of a daily logbook for each city facility. Damages: Vandalism, damage, safety concerns shall be reported to the City. Emergencies between the hours of 6:30am to 2:30pm Monday through Friday shall be reported immediately by phone to 952-233-9550 or 612-369-1066. Emergencies before 6:30am and after 2:30pm shall be reported to Scott County Dispatch at 952-445-1411. Examples of emergencies include situations that require immediate attention: no heat in the winter, water leaking, overflowing fixtures (toilets and sinks), extreme vandalism, fires, and any unsafe conditions. Non-emergency damages or vandalism shall be reported within 24-hours by email to publicworks@shakopeemn.gov. Examples of non-emergencies include situations that do not require immediate attention: graffiti, missing garbage can, plugged/stopped toilet, etc. If building is occupied and occupants refuse to exit after you announce you are there for cleaning, please call Scott County Dispatch at 952-445-1411 and request an officer remove the occupants.You may choose to move on to clean the next building on your route. The building must be cleaned during the same shift. Minimum Requirements:The following descriptions of cleaning services for the City of Shakopee are minimum requirements only. Page 18 of 32 Page 146 of 255 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2019 through March 31, 2020 Tahpah Park— 1490 Adams St S Restrooms: 2 Seasonal: Summer-Use: April —October Daily Additional cleaning days may be requested or deleted based on the use of facility. 1) Clean, sanitize and polish all fixtures including toilet bowls, urinals and adjacent tile, hand basins, switch plates, and door handles. 2) Clean all mirrors. 3) Empty waste receptacles and remove all trash to the garbage containers and insert liners as required. 4) Sweep and damp mop resilient and hard floors with disinfectant. 5) Spot clean walls and partitions. 6) Empty and clean the interior of sanitary containers. 7) Refill all dispensers to normal limits - including napkins, soap, tissue (to be furnished by the City) weekly or as needed. 8) Check air fresheners and replace when needed. 9) Lock all doors. 'S A i 'Zy� f" 1 1( Page 19 of 32 Page 147 of 255 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2019 through March 31, 2020 Schleper Stadium (Tahpah Park)—1490 Adams St S Restrooms: 2 Seasonal: Summer-Use: April —October Daily Additional cleaning days may be requested or deleted based on the use of facility. 1) Clean, sanitize and polish all fixtures including toilet bowls, urinals and adjacent tile, hand basins, switch plates, and door handles. 2) Clean all mirrors. 3) Empty waste receptacles and remove all trash to the garbage containers and insert liners as required. 4) Sweep and damp mop resilient and hard floors with disinfectant. 5) Spot clean walls and partitions. 6) Empty and clean the interior of sanitary containers. 7) Refill all dispensers to normal limits - including napkins, soap, tissue (to be furnished by the City) weekly or as needed. 8) Check air fresheners and replace when needed. 9) Lock all doors. I Page 20 of 32 Page 148 of 255 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2019 through March 31, 2020 Lions Park— 1103 Adams St S Restrooms: 2 Seasonal: Summer-Use: April —October Daily Additional cleaning days may be requested or deleted based on the use of facility. 1) Clean, sanitize and polish all fixtures including toilet bowls, urinals and adjacent tile, hand basins, switch plates, and door handles. 2) Clean all mirrors. 3) Empty waste receptacles and remove all trash to the garbage containers and insert liners as required. 4) Sweep and damp mop resilient and hard floors with disinfectant. 5) Spot clean walls and partitions. 6) Empty and clean the interior of sanitary containers. 7) Refill all dispensers to normal limits - including napkins, soap, tissue (to be furnished by the City) weekly or as needed. 8) Check air fresheners and replace when needed. 9) Lock all doors. i a, r Page 21 of 32 Page 149 of 255 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2019 through March 31, 2020 Huber Park- 150 Fillmore St N Restrooms: 2 Seasonal: Summer-Use: April —October Daily Additional cleaning days may be requested or deleted based on the use of facility. 1) Clean, sanitize and polish all fixtures including toilet bowls, urinals and adjacent tile, hand basins, switch plates, and door handles. 2) Clean all mirrors. 3) Empty waste receptacles and remove all trash to the garbage containers and insert liners as required. 4) Sweep and damp mop resilient and hard floors with disinfectant. 5) Spot clean walls and partitions. 6) Empty and clean the interior of sanitary containers. 7) Refill all dispensers to normal limits - including napkins, soap, tissue (to be furnished by the City) weekly or as needed. 8) Check air fresheners and replace when needed. 9) Lock all doors. aar��avrt MAN" Page 22 of 32 Page 150 of 255 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2019 through March 31, 2020 Memorial Park— 1791 Co Rd. 101 E Restrooms: 2 Seasonal: Summer-Use: April —October Daily Additional cleaning days may be requested or deleted based on the use of facility. 1) Clean, sanitize and polish all fixtures including toilet bowls, urinals and adjacent tile, hand basins, switch plates, and door handles. 2) Clean all mirrors. 3) Empty waste receptacles and remove all trash to the garbage containers and insert liners as required. 4) Sweep and damp mop resilient and hard floors with disinfectant. 5) Spot clean walls and partitions. 6) Empty and clean the interior of sanitary containers. 7) Refill all dispensers to normal limits - including napkins, soap, tissue (to be furnished by the City) weekly or as needed. 8) Replace air freshener's blocks when needed. 9) Lock all doors. Page 23 of 32 Page 151 of 255 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2019 through March 31, 2020 17th Avenue Sports Complex—2600 17th Ave East Restrooms: 2 Seasonal: Summer-Use: April —October Daily Additional cleaning days may be requested or deleted based on the use of facility. 1) Clean, sanitize and polish all fixtures including toilet bowls, urinals and adjacent tile, hand basins, switch plates, and door handles. 2) Clean all mirrors. 3) Clean glass windows of meeting room twice a month. 4) Empty waste receptacles and remove all trash to the garbage containers and insert liners as required. 5) Sweep and damp mop resilient and hard floors with disinfectant. 6) Spot clean walls and partitions. 7) Empty and clean the interior of sanitary containers. 8) Refill all dispensers to normal limits - including napkins, soap, tissue (to be furnished by the City) weekly or as needed. 9) Check air fresheners and replace when needed. 10) Lock all doors. �r �i Page 24 of 32 Page 152 of 255 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2019 through March 31, 2020 Westminster Park—801 Valley View Rd. Restrooms: 2 Indoor Common Areas: 1 Seasonal: Summer-Use: April —October Daily Seasonal: Winter-Use: December— February Monday, Friday Additional cleaning days may be requested or deleted based on the use of facility. 1) Clean, sanitize and polish all fixtures including toilet bowls, urinals and adjacent tile, hand basins, switch plates, and door handles. 2) Clean all mirrors. 3) Empty waste receptacles and remove all trash to the garbage containers and insert liners as required. 4) Sweep and damp mop resilient and hard floors with disinfectant. 5) Spot clean walls and partitions. 6) Empty and clean the interior of sanitary containers. 7) Refill all dispensers to normal limits - including napkins, soap, tissue (to be furnished by the City) weekly or as needed. 8) Check air fresheners and replace when needed. 9) Pick up trash (common area). 10) Sweep and mop (common area). 11) Lock all doors. �i Page 25 of 32 Page 153 of 255 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2019 through March 31, 2020 Green Meadows Park—3100 Thrush Street Restrooms: 2 Indoor Common Areas: 1 Seasonal: Summer-Use: April —October Daily Seasonal: Winter-Use: December— February Monday, Friday Additional cleaning days may be requested or deleted based on the use of facility. 1) Clean, sanitize and polish all fixtures including toilet bowls, urinals and adjacent tile, hand basins, switch plates, and door handles. 2) Clean all mirrors. 3) Empty waste receptacles and remove all trash to the garbage containers and insert liners as required. 4) Sweep and damp mop resilient and hard floors with disinfectant. 5) Spot clean walls and partitions. 6) Empty and clean the interior of sanitary containers. 7) Refill all dispensers to normal limits - including napkins, soap, tissue (to be furnished by the City) weekly or as needed. 8) Check air fresheners and replace when needed. 9) Pick up trash (common area). 10) Sweep and mop (common area). 11) Lock all doors. Page 26 of 32 Page 154 of 255 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2019 through March 31, 2020 Riverside Fields Park—7800 Crossings Blvd. Restrooms: 2 Indoor Common Areas: 1 Seasonal: Summer-Use: April —October Daily Seasonal: Winter-Use: December— February Monday, Friday Additional cleaning days may be requested or deleted based on the use of facility. 1) Clean, sanitize and polish all fixtures including toilet bowls, urinals and adjacent tile, hand basins, switch plates, and door handles. 2) Clean all mirrors. 3) Empty waste receptacles and remove all trash to the garbage containers and insert liners as required. 4) Sweep and damp mop resilient and hard floors with disinfectant. 5) Spot clean walls and partitions. 6) Empty and clean the interior of sanitary containers. 7) Refill all dispensers to normal limits - including napkins, soap, tissue (to be furnished by the City) weekly or as needed. 8) Check air fresheners and replace when needed. 9) Pick up trash (common area). 10) Sweep and mop (common area). 11) Lock all doors. u �7 �✓I�s�ufi;f�'✓�i�"�ir� Page 27 of 32 Page 155 of 255 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2019 through March 31, 2020 Hiawatha Park—625 7th Avenue East Restrooms: 2 Indoor Common Area: 1 Seasonal: Summer-Use: April —October Mondays, Fridays Additional cleaning days may be requested or deleted based on the use of facility. 1) Clean, sanitize and polish all fixtures including toilet bowls, urinals and adjacent tile, hand basins, switch plates, and door handles. 2) Clean all mirrors. 3) Empty waste receptacles and remove all trash to the garbage containers and insert liners as required. 4) Sweep and damp mop resilient and hard floors with disinfectant. 5) Spot clean walls and partitions. 6) Empty and clean the interior of sanitary containers. 7) Refill all dispensers to normal limits - including napkins, soap, tissue (to be furnished by the City) weekly or as needed. 8) Check air fresheners and replace when needed. 9) Pick up trash (common area). 10) Sweep and mop (common area). 11) Lock all doors. X v ' r �J f iG yUD�1i"�J�`' Page 28 of 32 Page 156 of 255 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2019 through March 31, 2020 Holmes Park—628 4th Avenue West Restrooms: 2 Indoor Common Area: 1 Seasonal: Summer-Use: April —October Mondays, Fridays Additional cleaning days may be requested or deleted based on the use of facility. 1) Clean, sanitize and polish all fixtures including toilet bowls, urinals and adjacent tile, hand basins, switch plates, and door handles. 2) Clean all mirrors. 3) Empty waste receptacles and remove all trash to the garbage containers and insert liners as required. 4) Sweep and damp mop resilient and hard floors with disinfectant. 5) Spot clean walls and partitions. 6) Empty and clean the interior of sanitary containers. 7) Refill all dispensers to normal limits—including napkins, soap, tissue (to be furnished by the City) weekly or as needed. 8) Check air fresheners and replace when needed. 9) Pick up trash (common area). 10) Sweep and mop (common area). 11) Lock all doors. �m 1 f r 1 I r t Page 29 of 32 Page 157 of 255 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2019 through March 31, 2020 Scenic Heights Park— 1195 Ruby Lane Restrooms: 2 Indoor Common Areas: 1 Seasonal: Summer-Use: April —October Mondays, Fridays Seasonal: Winter-Use: December— February Monday, Friday Additional cleaning days may be requested or deleted based on the use of facility. 1) Clean, sanitize and polish all fixtures including toilet bowls, urinals and adjacent tile, hand basins, switch plates, and door handles. 2) Clean all mirrors. 3) Empty waste receptacles and remove all trash to the garbage containers and insert liners as required. 4) Sweep and damp mop resilient and hard floors with disinfectant. 5) Spot clean walls and partitions. 6) Empty and clean the interior of sanitary containers. 7) Refill all dispensers to normal limits - including napkins, soap, tissue (to be furnished by the City) weekly or as needed. 8) Check air fresheners and replace when needed. 9) Pick up trash (common area). 10) Sweep and mop (common area). 11) Lock all doors. �A P � I F' I y, rW Page 30 of 32 Page 158 of 255 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2019 through March 31, 2020 Southbridge Community Park—7101 Southbridge Parkway Restrooms: 2 Indoor Common Areas: 1 Seasonal: Summer-Use: April —October Daily Seasonal: Winter-Use: December— February Monday, Friday Additional cleaning days may be requested or deleted based on the use of facility. 1) Clean, sanitize and polish all fixtures including toilet bowls, urinals and adjacent tile, hand basins, switch plates, and door handles. 2) Clean all mirrors. 3) Empty waste receptacles and remove all trash to the garbage containers and insert liners as required. 4) Sweep and damp mop resilient and hard floors with disinfectant. 5) Spot clean walls and partitions. 6) Empty and clean the interior of sanitary containers. 7) Refill all dispensers to normal limits - including napkins, soap, tissue (to be furnished by the City) weekly or as needed. 8) Check air fresheners and replace when needed. 9) Pick up trash (common area). 10) Sweep and mop (common area). 11) Lock all doors. a � d r Page 31 of 32 Page 159 of 255 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2019 through March 31, 2020 IN WITNESS WHEREOF,the parties have caused this Agreement to be duly executed intending to be bound thereby. Approved by City Council , 2019. CITY OF SHAKOPEE Treasure Enterprises, Inc. By: By: Bill Mars, Mayor Fidelis Odeh, President Date: Date: By: Bill Reynolds, City Administrator Date: Page 32 of 32 Page 160 of 255 *4.E.5. Pb9akA SHAKOPE: Shakopee City Council April 2, 2019 FROM: Steve Lillehaug, City Engineer/Public Works Director TO: Mayor and Council Members Subject: Donation agreement with the Shakopee Mdewakanton Sioux Community for the Memorial Park Bridge and Trail Project. Policy/Action Requested: Approve a motion authorizing the execution of the Intergovernmental Donation Agreement with Shakopee Mdewakanton Sioux Community for the Memorial Park Bridge and Trail Project, PA-19-09. Recommendation: Approval as requested. Discussion: The city's Capital Improvement Plan (CIP) includes the Memorial Park Bridge and Trail project (PA-19-09) to replace the bridge and construct a trail adjacent to the bridge through Memorial Park to complete the missing gap in the Minnesota Valley State Trail. The city was notified in January 2019 that the city was a recipient of a $100,000 trail grant from the Shakopee Mdewakanton Sioux Community (SMSC) for this project (see attached press release). The attached agreement outlines the terms of the donation between the city and the SMSC. Budget Impact: The $100,000 SMSC grant amount will be applied to the overall project funding as part of the cost sharing/grant funding identified in the CIP for this project. ATTACHMENTS: D Donation Agreement D Grant Press Release Page 161 of 255 INTERGOVERNMENTAL DONATION AGREEMENT BETWEEN THE SHAKOPEE MDEWAKANTON SIOUX COMMUNITY AND THE CITY OF SHAKOPEE This Intergovernmental Agreement is made this day of , 2019, by and between the Shakopee Mdewakanton Sioux Community, a sovereign Indian Tribe, federally recognized and organized under the Indian Reorganization Act of 1934, 25 U.S.C. § 476 (hereinafter the "Community") and the City of Shakopee, a municipal corporation in Scott County, Minnesota (hereinafter the "City"). WHEREAS, the Community has donated to the City funds in the amount of$100,000; and WHEREAS, the City has agreed to use up to $50,000 of the donated funds to complete the necessary cultural and archeological resource evaluations for the construction of an 10' wide bituminous trail in Memorial Park connecting the Minnesota Valley State Trail and the City trail system as shown on attached Exhibit A; and WHEREAS,the City has agreed to use the remaining funds for construction of the trail option that minimizes impacts to existing cultural and archeological resources based on the additional evaluations as shown on attached Exhibit A; and WHEREAS, the Community and the City seek to set forth their understanding relating to said donation and its use. NOW THEREFORE, for and in consideration of the mutual undertakings, covenants and agreements of the parties herein set forth, the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto, the parties agree as follows: 1. Donation. The Community has made a cash donation to the City in the amount of$100,000. 2. Use of Donation. The City agrees to use the funds to complete the necessary cultural and archeological resource evaluations, and construct an 10' wide bituminous trail section in Memorial Park connecting the Minnesota Valley State Trail and the City trail system as shown on attached Exhibit A (the "Project"). The trail shall be constructed in accordance with the City's trail standards and minimize impacts to cultural and archeological resources. The construction plans and specifications shall include an Inadvertent Discovery Plan. The City further agrees to be solely responsible for the continued maintenance of the trail. The additional resource study work shall be completed in 2019 with final construction completed by the end of 2020. 3. Refund. If, upon completion of the Project, the City has not expended all of the donated funds, the City shall refund such excess funds to the Community within 30 days of the completion of the Project. If the City fails to construct the trail, the entire amount shall be reimbursed to the Community without undue delay. Page 162 of 255 4. Indemnity. Except for the donation by the Community for the Project, the Community shall bear no responsibility for the Project and the City hereby agrees to fully defend, indemnify and hold harmless the Community and all of the Community's departments, agencies, officers, agents, and/or employees from all claims, losses, suits, damages, liabilities and expenses of whatever kind or nature, including reasonable attorney's fees, arising out of or resulting in any way from any negligent, reckless or intentional act, error, omission or mistake and/or strict liability of the City, its departments, agencies, officers, agents, employees, contractors and/or anyone for whose acts the City is legally liable and arising out of or relating to the Project or the performance by the City of this Agreement. 5. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof IN WITNESS WHEREOF, the parties have caused this Agreement to be executed. Shakopee Mdewakanton Sioux Community Approved as to form: By: By: Charles Vig, Tribal Chairman Attorney for Community Date: Date: City of Shakopee By: Bill Mars, Mayor Date: By: William Reynolds, City Administrator Date: Page 163 of 255 Fla ;rV ..w N w ,a p a r 1 I !� ///tri�r'� ♦ >f.0 w gill h ar '� a'Jmiwr' TNT: mwlR p ,m a,�'a ,rte r "w �� / r �YiN/ ✓� j' `�,� rn (J ^Y , f wNr .r/ b "w a J r, / o r 11� J r r// ��(//l'/r l ��r�� r n 19 // / r`' /rl/l �' �➢>rW l �« rr {j r r ( j// ip l�'Yna /r1 rr Hr'% Jr- 9� �� ///�i/ ) Rr �ri iu�I „o� ✓lr J�" ,,, w , ,l rf; ;�, rl l�,yra g w r �/// j��r/ '✓"r(��w /ar ,;,,.,, n;/�w t , r'1'/ rr", Nt" b" ✓ wr q SM, lr *kin' r r / vt %/r(rl R,1 w/ � Crar r ,�' <..u /rrr///G��,% iqR%'r,w %sJrr•.. w w � a/ 'H?'e.. ?i J // J/9 r ka 1✓C - t �/ :.�/ r/�/��'aa %: r�r!a i r; `i%/ ,far nor s,w' � ��/a w�l r„ /'b '�IPr� ;�J,;;��/ „��a• J�, �//i I r/Of � /i ��V,'<rai`;✓ n�'� f�rr r /�/�� , � w"�.n�,Y �J" w ru l � )�...�' 'pi r ,., �,/,,. ��✓ � i�i a ".�M ��rrR�ll/ o, w w i-:.,, r,l, 1/ n,, h, ,av/ r it i r r " .:, / ✓�/ i/i//// ,,,✓ // r / «r/=. %/G:�/��. f�,.. �,,,,,.,/��, r/�/�/� ,r/�� % r,h w ^7hR az. w o (,.. „r r,, ,r ✓, �di/ µ ^ :,J �Y,. ,%Y r ra////��i%/� / rill/ !i/�� rij woo m w w o �/iii/,,,, i///,,, % ,,,<,.. �,,u,✓/ /r� Y : ,,� ✓ �n..,.. a / ,,,,. s;, -,/ �,, //,,;,. � � e q1J1,.<i, r � .�I��' ro` p /M� %fi ,Jf,r..,, r a � r r,; rr; �>� r,-, � � �i,;1 wr ', !F ,.°;y ➢Y�(,//rr /ii�iiia/ �/�� '" ,ry 0 ' low" rr /// 1 illi i w � 4 r mw� �N, In ✓9 r. ....»,a J), "%e' / .illG // r/� „e 1 ;. r r/ „Y✓i /f r„t , rrr r//i r %/// /ra%' rrr/�:✓/� a,,,,> r ,^w" / ,"/4i /�a, ,,...a ill/�r'� n' w �)� /F+ / J r�, J, ,. auuuoi4 „-,,,n,/ / .✓,/ /rir/ii/ ////, // „'�, ,s..,„„ w ,/ru”' ..._ �lra ar ///%r i � ;� f� iYl r ✓r� '„, Jl�.. ,/r�� ' r//%N'bf � , r wan i m a, .b% ,,a""`.;ai a V .. gym: wWY �6N� +m o yr a>: For immediate release: For more information: January X, 2019 Sara Thatcher 651-292-8062 (w) 952-221-5368 (c) Shakopee Tribe Awards $200K in Trail Grants to Prior Lake and Shakopee; $100K Still Available for Applicants Prior Lake, Minn.—The Shakopee Mdewakanton Sioux Community(SMSC) announced today that it has awarded $100,000 each to the cities of Prior Lake and Shakopee for trail improvements that will benefit Scott County residents. City of Prior Lake: County Road 21 trail The City of Prior Lake will use the grant to construct a trail on the west side of County Road 21 from CSAH 42 south to Fountain Hills Road.The project will also include making ADA-compliant pedestrian ramp improvements at the intersections at CSAH 42 and at Fountain Hills Road.This segment is the last remaining gap in a seven-mile trail system along County Road 21 from County Road 18 in Shakopee to Cleary Lake Park in Credit River Township. City of Shakopee: Memorial Park bridge and trail The City of Shakopee will use the grant to build a bridge and trail connecting Memorial Park to the Minnesota Valley State Trail.The bridge would replace the former Memorial Park bridge,which was removed in 2016 due to safety concerns.The project will also include expanding previous archaeological investigations in the culturally sensitive area. "These grants reflect the high priority that the SMSC and these local governments have placed on environmental stewardship and quality trails in Scott County," said Chairman Charlie Vig. "The entire area will benefit from these projects, and the SMSC is excited to have a role in making them happen." Apply for additional funding by January 31 With $100,000 in funding still available at the end of the application period,the SMSC is reopening its call for applications through January 31, 2019.To apply,visit shakopeedakota.org/trailsgrant. Applicants whose projects fill trail gaps, augment existing trail systems, improve access to existing public natural areas, or provide additional environmental benefit beyond simple access will be given preference.Applicants should also note any plans or opportunities involving local volunteers. Eligibility To be eligible, an applicant must be a: Page 165 of 255 • Scott County government • City or township government located in Scott County • School district located in Scott County • Non-governmental organization that is organized as a charitable organization under applicable federal and state law and is applying in cooperation with an eligible governmental body Applicants must also be prepared to: • Fulfill a required 20% match on each grant (either in cash or in kind) • Substantially complete the funded project by December 31, 2019 Timeline Applications will be accepted through January 31, 2019, with grant recipient(s) announced on March 1, 2019. About the Shakopee Mdewakanton Sioux Community The Shakopee Mdewakanton Sioux Community is a federally recognized, sovereign Native American tribe located southwest of Minneapolis/St. Paul. Following a Dakota tradition of generosity,the SMSC is one of the top philanthropists in Minnesota and is the largest contributor to Native American tribes and causes across the country. It is a strong community partner and a leader in protecting and restoring natural resources.The SMSC's government, Gaming Enterprise, and various other enterprises are collectively the largest employer in Scott County. Page 166 of 255 *4.E.6. Pb9akA SHAKOPEE Shakopee City Council April 2, 2019 FROM: Dave Rutt, Street Supervisor TO: Mayor and Council Members Subject: Hire two Public Works Department Maintenance Operators. Policy/Action Requested: Approve the hiring of two Public Works Department Maintenance Operators (Streets and Utilities) at step three of the Public Works Union Pay Plan. Recommendation: Approval as requested. Discussion: Two candidates have been offered Public Works Department Maintenance Operator positions, contingent upon City Council approval. One position is for the replacement of a recently retired employee and the second is a newly added position as approved at the regular City Council meeting on December 18, 2018. The union pay plan for Maintenance Operator includes Steps 1 through 5 for this position (see attached). The skill level for these steps span from entry level to highly skilled experts (e.g. 44 years of experience). It is typical and past practice that a good employee would reach maximum pay level 5 after completion of the fourth year of successful employment. However in this instance, both candidates each have approximately fifteen plus years of experience and have substantial skill, knowledge, and expertise relative to this position. They are expected to hit the ground running with a medium to high level of experience and equipment operation. Due to these factors, we are recommending to start both candidates at level three, $27.44 per hour. As a note, it has been past practice to request council approval when hiring a candidate at or above the middle pay scale for a position. Budget Impact• Funding for these operator positions is included in the 2019 Streets, Sanitary Sewer, and Page 167 of 255 Surface Water operating budgets. ATTACHMENTS: D PW Union Pay Plan 2017-19 Page 168 of 255 APPENDIX A Maintenance Operator 80% 85% 90% 95% 100% Step 1 Step 2 Step 3 Step 4 Step 5 3% increase -- 12-26-2016 $22.99 $24.43 $25.86 $27.30 $28.74 3% increase --12-25-2017 $23.68 $25.16 $26.64 $28.12 $29.60 3% increase-- 12-24-2018 $24.39 $25.91 $27.44 1 $28.96 $30.49 Lead Maintenance Operator Single Step 3% increase -- 12-26-2016 $31.47 3% increase--12-25-2017 $32.41 3% increase -- 12-24-2018 $33.38 Mechanic 80% 85% 90% 95% 100% Step 1 Step 2 Step 3 Step 4 Step 5 3% increase -- 12-26-2016 $24.50 $26.04 $27.56 $29.10 $30.63 i 3% increase -- 12-25-2017 $25.24 $26.82 $28.39 $29.97 $31.55 1-3% increase -- 12-24-2018 $26.00 $27.62 $29.24 $30.87 $32.50 Lead Mechanic Single Step 3% increase -- 12-26-2016 $33.36 3% increase -- 12-25-2017 $34.36 3% increase -- 12-24-2018 $35.39 15 Page 169 of 255 9.A.1. PM*MA SHAKOPEE Shakopee City Council April 2, 2019 FROM: Parks and Recreation Director, Jay Tobin TO: Mayor and Council Members Subject: Ice Arena Turf Policy/Action Requested: Approve ice arena turf sale and plan for proceeds Recommendation: Approve ice arena turf sale and plan for proceeds Discussion: Parks and Recreation Staff received feedback from Shakopee's Youth Hockey Association President, Rob Gunnere, affirming that the goal of offering a high-quality experience is being achieved on the ice at the Shakopee Ice Arena. While Gunnere was attending the annual Youth Hockey President's meeting in Bemidji, more than two dozen Presidents told him that Shakopee has the two best sheets of ice in the state! Growing ice revenues and the high ice demand in booking requests confirms the perceived high-quality of Shakopee's ice sheets— they're consistently overflowing with customers. Unfortunately, the turf story at the ice arena is not what everyone imagined or hoped for. The turf was intended to provide Shakopee's youth sports associations a high-quality experience to begin their seasons earlier than Spring thaw typically allows teams to get outside. The cost of converting ice to turf and back again is high ($13,592), and the apparently lower-quality reality of the ice-arena-turf experience has those intended associations (baseball, softball, lacrosse, and soccer) choosing to book other venues (High School Fieldhouse, Savage Sports Center, and Soccer Blast of Burnsville) which too often leaves our turf empty without any customers. Ice-arena-turf bookings decreased from 262.3 hours in 2018 to 153.6 hours in 2019, with subsequent turf revenues at $90 per hour decreasing from $23,605 in 2018 to just $13,825 in 2019. Meanwhile, Shakopee is losing out on significant revenues as ice customers move to other venues when their needs can't be met as a result of the `turf window" (note: we've lost multiple tournaments that we couldn't Page 170 of 255 fulfil this year due to turf). A single customer recently requested 216 hours of ice time annually on Rink 2 during the "turf-window" at $170 per hour ($36,720.00 plus tax). 2018 and 2019 Turf Totals by Group. Shakopee Youth Baseball: 2018: 23 hours/2109: 9 hours Shakopee youth LAX/ Girls and Boys: 2018: 109 hours/2019: 48 hours Soccer youth/ High school: 2018: 12 hours /2019: 24 hours Private rental numbers: 2018: 118.28/2019: 72.61 Grand Totals: 2018: 262.28 hours - $23,605/2019 Totals: 153.61 hours - $131825 We contacted turf brokers to ascertain where our product would fall on the current turf market. The City's turf cost in 2017 was $82,474.00 ($74,949.00 basic turf with $7,525.00 sewn-lines upgrade), and with a depreciation of 10% annually ($16,494.80) current turf value would be $65,979.20 if the turf market demand supports that value. Brokers came back with several bids that were unacceptably low ($20,000.00-$30,000.00), but Becker Arena Products, Inc. has a client who agreed to $60,000.00 net return after expenses (broker fee, transport/delivery). A 91% cost recovery on the City's turf is a fantastic opportunity that will not likely be available again. Selling the turf now will allow the ice arena to reclaim top ice revenues for the best ice in the state while avoiding lost turf revenues, compounded conversion costs, and reputation damage (no ice available due to empty turf with no customers). Shakopee's Parks and Recreation Director has spoken to the turf-user youth association presidents (baseball, softball, lacrosse, and soccer) professed to understanding the turf-challenge and expressed support for the sale of the turf. Turf sale proceeds could be used to generate additional profits by converting excess west- end lobby space (by the windows) to an appealing easy access rental space for ice- skating/hockey parties and meetings/tournament check-in. Customers regularly complain that the ice arena's existing rental space in the back on the second floor is hard to find and lacks bathroom access. Consequently, very few renters book the existing space, so it generates very little revenue. After discussions with City planners, engineers, and 292 Architects (original designers), all have concluded that the west-end of the ice arena lobby could be easily converted with very few changes using an affordable "store-front solution" of the same materials used at ice rink entrances. This new attractive space would be highly visible, easily accessible, and is likely to generate huge demand for parties generating greater revenues (room and ice rent). After a preliminary assessment, the 292 Architects believe that the project could be completed in its entirety leveraging the $60,000.00 of turf proceeds. Converting that space to a party/meeting room addresses an expressed community need in way that will continue to generate revenue for the life of the ice arena. Page 171 of 255 Budget Impact: Selling the turf eliminates annual conversion expense of$13,591.99, avoids additional turf revenue losses, and provides opportunity to capitalize on high-quality ice demand for atleast $36,720.00 in annual ice bookings in current "turf window" (March-April) and potential of much more. Leveraging the $60,000.00 in turf sale proceeds to convert a dead space into a high revenue generating space (party/meeting room) will increase profits for the ice arena. Page 172 of 255 9.B.1. PM*MA SHAKOPE: Shakopee City Council April 2, 2019 FROM: Michael Kerski, Director of Planning and Development TO: Mayor and Council Members Subject: Calling for a Public Hearing to modify TIF District No. 18, Canterbury. Policy/Action Requested: Adopt Resolution No. R2019-038, calling for a public hearing on an amendment to tax increment financing plan for District No. 18 scheduled for May 21, 2019 Recommendation: Adopt Resolution No. R2019-038 Discussion: Canterbury is looking to expand the existing district to include several additional properties on the north east corner of the existing district that were not included. This would allow the proposed road extension to be inside the District and be included in the in district funding. Also, the plan would be amended to allow for additional TIF revenues for companies paying in excess of$20/hour that make a substantial investment, like a corporate headquarters that would invest $25 million to a $100 million or more. We have had several companies interested in the site but currently they can't benefit from the existing TIF since it is designed for public infrastructure. The restricting of the District and TIF will be presented at the May 21, 2019 meeting. Budget Impact: ATTACHMENTS: D Resolution D Exhibit A Page 173 of 255 CITY OF SHAKOPEE RESOLUTION NO. R2019-038 RESOLUTION CALLING FOR A PUBLIC HEARING ON AN AMENDMENT TO A TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 18 WHEREAS,the City of Shakopee, Minnesota(the"City")has previously established its Minnesota River Valley Housing and Redevelopment Project No. 1 (the "Project") pursuant to Minnesota Statutes, Sections 469.001 through 469.047, as amended(the"HRA Act"); and WHEREAS, the Project is now administered by the Economic Development Authority for the City of Shakopee,Minnesota(the"Authority"); and WHEREAS,the City and the Authority wish to provide certain financial assistance in order to make feasible the construction of market rate housing, office, retail, and commercial spaces to be constructed within the Project; and WHEREAS, on March 6, 2018, the City Council of the City approved a modification to the redevelopment plan (the "Project Plan") for the Project and the adoption of a tax increment financing plan (the "Original TIF Plan") for Tax Increment Financing District No. 18, a redevelopment district, within the Project(the "TIF District"), all in accordance with Minnesota Statutes, Sections 469.174 through 469.1794, as amended(the"TIF Act"); and WHEREAS, on August 8, 2018, the City Council of the City approved an administrative amendment to the Original TIF Plan(as amended, the "TIF Plan") to include a complete listing of building permits issued within the TIF District during the eighteen (18) months immediately preceding the approval of the Original TIF Plan; and WHEREAS, the City and the Authority now propose to amend the TIF Plan to include additional properties in the TIF District and amend the budget set forth in the TIF Plan; and WHEREAS, prior to the approval of the amended TIF Plan, the City is required to hold a public hearing in accordance with Section 469.175, subdivision 4 of the TIF Act; NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Shakopee that: 1. The Authority and its staff and consultants are hereby authorized and directed to cause to be prepared an amendment to the TIF Plan for the TIF District and to file a copy of such document in City Hall. 2. The City Clerk is authorized and directed to publish a notice of public hearing setting a joint public hearing before the City Council of the City and the Board of Commissioners of the Authority on Tuesday,May 21,2019, at 7:00 p.m. on the amendment to the TIF Plan. The notice shall be in substantially the form attached hereto as EXHIBIT A, shall be published in a newspaper of general circulation in the City at least ten(10)but not more than thirty(30) days prior to the public hearing, and shall include a map of the area of the Project and the TIF District. Page 174 of 255 3. The Authority and its staff and consultants are authorized and directed to send notice of the TIF District and the amended TtF Plan to the commissioner of Scott County,Minnesota(the"County")who represents the area included in the TIF District at least thirty(30) days before the date of publication of the notice of public hearing. 4. The Authority and its staff and consultants are authorized and directed to transmit a copy of the amended TIF Plan to the County Auditor of the County and the Board of Education of Independent School District No. 720 at least thirty(30)days before the date of the public hearing. 5. The Authority and its staff and consultants are directed to take all other actions necessary to bring the amended TIF Plan before the City Council at the time of the public hearing. Approved by the City Council of the City of Shakopee this 2"a day of April,2019. Mayor ATTEST: City Clerk 2 561464v1 JAE SH235-21 Page 175 of 255 EXHIBIT A NOTICE OF PUBLIC HEARING CITY OF SHAKOPEE,MINNESOTA ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE,MINNESOTA NOTICE is hereby given that the City Council of the City of Shakopee and the Board of Commissioners of the Economic Development Authority for the City of Shakopee will hold a joint meeting in City Hall, 485 Gorman Street, Shakopee, Minnesota at or after 7:00 p.m. on Tuesday, May 21, 2019, to conduct a public hearing on an amendment to the Tax Increment Financing Plan (the "TIF Plan") for Tax Increment Financing District No. 18, a redevelopment district (the "TIF District"), within the Minnesota River Valley Housing and Redevelopment Project No. I (the"Project"). The boundaries of the Project and the TIF District are shown in the map below. The purpose of the proposed action is to amend the TIF Plan to include additional properties within the TIF District and amend the budget set forth in the TIF Plan. The TIF Plan was originally adopted to facilitate construction of market rate housing, office, retail, and commercial spaces. Details on the proposal are contained in the amended TIF Plan, a draft copy of which will be available for public inspection at City Hall during regular business hours. [Insert map] Any person wishing to express an opinion on the matters to be considered at the public hearing will be heard orally or in writing. Dated: 12019 BY ORDER OF THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA /s/William H.Reynolds City Administrator City of Shakopee,Minnesota A-1 561464v1 JAE SH235-21 Page 176 of 255 I'i.9 y,u>iirpudhll' ^'"� N kill i LO LO N O N (0 IL I1 9.B.2. PM*MA SHAKOPE: Shakopee City Council April 2, 2019 FROM: Michael Kerski, Director of Planning and Development TO: Mayor and Council Members Subject: Resolution calling for a public hearing on an amendment to a Tax Increment Financing Plan for Tax Increment Financing District No. 19, Riverfront Bluff Policy/Action Requested: Approve Resolution No. R2019-039 calling for a public hearing on an amendment to Tax Increment Financing Plan for Tax Increment Financing District No. 19 for May 21, 2019 Recommendation: Approve Resolution No. R2019-039 Discussion: Staff has been working with the developer to complete the acquisition of the entire Riverfront Bluff block. There are three properties that would be acquired and additional development that will occur on the property. The changes require expanding the current District while also accounting for additional costs of acquisition and redevelopment and additional new development on the site. The public hearing will be at the May 21, 2019 meeting. Budget Impact: ATTACHMENTS: D Resolution D Exhibit A Page 178 of 255 CITY OF SHAKOPEE RESOLUTION NO. R2019-039 RESOLUTION CALLING FOR A PUBLIC HEARING ON AN AMENDMENT TO A TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 19 WHEREAS,the City of Shakopee, Minnesota(the"City")has previously established its Minnesota River Valley Housing and Redevelopment Project No. 1 (the "Project") pursuant to Minnesota Statutes, Sections 469.001 through 469.047, as amended(the"HRA Act"); and WHEREAS, the Project is now administered by the Economic Development Authority for the City of Shakopee,Minnesota(the"Authority"); and WHEREAS,the City and the Authority wish to provide certain financial assistance in order to make feasible the construction of market-rate multifamily housing, a restaurant, and additional commercial space to be constructed within the Project; and WHEREAS, on July 3, 2018, the City Council of the City approved a modification to the redevelopment plan (the "Project Plan") for the Project and the adoption of a tax increment financing plan (the "TIF Plan") for Tax Increment Financing District No. 19, a redevelopment district, within the Project (the "TIF District"), all in accordance with Minnesota Statutes, Sections 469.174 through 469.1794, as amended(the"TIF Act"); and WHEREAS, the City and the Authority now propose to amend the TIF Plan to include additional properties in the TIF District and amend the budget set forth in the TIF Plan; and WHEREAS, prior to the approval of the amended TIF Plan, the City is required to hold a public hearing in accordance with Section 469.175, subdivision 4 of the TIF Act; NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Shakopee that: 1. The Authority and its staff and consultants are hereby authorized and directed to cause to be prepared an amendment to the TIF Plan for the TIF District and to file a copy of such document in City Hall. 2. The City Clerk is authorized and directed to publish a notice of public hearing setting a joint public hearing before the City Council of the City and the Board of Commissioners of the Authority on Tuesday,May 21,2019, at 7:00 p.m. on the amendment to the TIF Plan. The notice shall be in substantially the form attached hereto as EXHIBIT A, shall be published in a newspaper of general circulation in the City at least ten(10)but not more than thirty(30) days prior to the public hearing, and shall include a map of the area of the Project and the TIF District. 3. The Authority and its staff and consultants are authorized and directed to send notice of the TIF District and the amended TIF Plan to the commissioner of Scott County,Minnesota(the"County")who represents the area included in the TIF District at least thirty(30) days before the date of publication of the notice of public hearing. Page 179 of 255 4. The Authority and its staff and consultants are authorized and directed to transmit a copy of the amended TIF Plan to the County Auditor of the County and the Board of Education of Independent School District No. 720 at least thirty(30)days before the date of the public hearing. 5. The Authority and its staff and consultants are directed to take all other actions necessary to bring the amended TIF Plan before the City Council at the time of the public hearing. Approved by the City Council of the City of Shakopee this 2"d day of April,2019. Mayor ATTEST: City Clerk 2 561436v1 JAE SH235-25 Page 180 of 255 EXHIBIT A NOTICE OF PUBLIC HEARING CITY OF SHAKOPEE,MINNESOTA ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE,MINNESOTA NOTICE is hereby given that the City Council of the City of Shakopee and the Board of Commissioners of the Economic Development Authority for the City of Shakopee will hold a joint meeting in City Hall, 485 Gorman Street, Shakopee, Minnesota at or after 7:00 p.m. on Tuesday, May 21, 2019, to conduct a public hearing on an amendment to the Tax Increment Financing Plan (the "TIF Plan") for Tax Increment Financing District No. 19, a redevelopment district (the "TIF District"), within the Minnesota River Valley Housing and Redevelopment Project No. I (the"Project"). The boundaries of the Project and the TIF District are shown in the map below. The purpose of the proposed action is to amend the TIF Plan to include additional properties within the TIF District and amend the budget set forth in the TIF Plan. The TIF Plan was originally adopted to facilitate construction of market rate multifamily housing, a restaurant, and additional commercial spaces. Details on the proposal are contained in the amended TIF Plan, a draft copy of which will be available for public inspection at City Hall during regular business hours. [Insert map] Any person wishing to express an opinion on the matters to be considered at the public hearing will be heard orally or in writing. Dated: 12019 BY ORDER OF THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA /s/William H.Reynolds City Administrator City of Shakopee,Minnesota A-1 561436v1 JAE SH235-25 Page 181 of 255 r� y , r Ili"y��r 321 u N' 0 n'. N N 1 , r ; I, 9.B.3. PM*MA SHAKOPE: Shakopee City Council April 2, 2019 FROM: Michael Kerski, Director of Planning and Development TO: Mayor and Council Members Subject: Amending Resolution No.R2018-011 to add an additional $300,000 to the loan for certain costs for TIF No. 19 (Riverfront Bluff Redevelopment) Policy/Action Requested: Approval of Resolution No. R2019-040 to amend Resolution No. R2018-011 for advance of certain costs in connection with Tax Increment Financing District No. 19 Recommendation: Approve Resolution No. R2019-040 increasing the total loan by $300,000 to fund costs associated with the District and continue the interest rate of 4% and loan shall be repaid from proceeds of TIF District No. 19 Discussion: Council previously approved $800,000 in an Interfund Loan to fund the acquisition of property, testing and administration costs associated with the district. These additional funds will cover additional acquisition and administration costs. The funds will be repaid out of TIF District 19 revenues. Budget Impact: ATTACHMENTS: D City Council Resolution Page 183 of 255 CITY OF SHAKOPEE RESOLUTION NO. R2019-040 RESOLUTION AMENDING RESOLUTION R2018-011 REGARDING AN INTERFUND LOAN FOR ADVANCE OF CERTAIN COSTS IN CONNECTION WITH TAX INCREMENT FINANCING DISTRICT NO. 19 WHEREAS, the City of Shakopee, Minnesota (the "City") and the Economic Development Authority for the City of Shakopee, Minnesota (the "Authority") have established Tax Increment Financing District No. 19 (the "TIF District") within the Minnesota River Valley Housing and Development Project No. 1 (the "Project") pursuant to Minnesota Statutes, Sections 469.174 through 469.1794, as amended (the "TIF Act"), and have adopted a Tax Increment Financing Plan for the purpose of financing certain improvements within the Project; and WHEREAS, the Authority will administer the TIF District; and WHEREAS, the Authority previously determined to pay for certain costs related to the proposed TIF District, including administrative expenses, land acquisition costs, and environmental cleanup costs (the "Qualified Costs"), which costs may be financed on a temporary basis from City or Authority funds available for such purposes; and WHEREAS, under Section 469.178, subdivision 7 of the TIF Act, the City is authorized to advance or loan money from the City's general fund or any other fund from which such advances may be legally authorized in order to finance the Qualified Costs; and WHEREAS, on March 6, 2018, the City Council of the City adopted Resolution R2018-011 (the "Original Interfund Loan Resolution"), pursuant to which the City approved an interfund loan in the amount of up to $800,000 to pay for the Qualified Costs (the "Original Interfund Loan"); and WHEREAS, the City has proposed to amend the Original Interfund Loan Resolution to approve an additional interfund loan in the maximum principal amount of $300,000 to finance additional Qualified Costs (the "Additional Interf ind Loan") in accordance with the terms of this resolution; and WHEREAS, the Original Interfund Loan and the Additional Interfund Loan will be referred to collectively as the "Interfund Loan" and will be in the total amount of$1,100,000; and WHEREAS, Authority intends to use tax increment revenues derived from the TIF District to repay all or a portion of the Interfund Loan; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee, that: 1. The City hereby authorizes the advance of up to $300,000 from the City's General Fund, or from any other fund designated by the City, or so much thereof as may be paid as Page 184 of 255 additional Qualified Costs, contingent upon the approval of the Additional Interfund Loan by the Board of Commissioners of the Authority. The terms of the Additional Interfund Loan shall be those set forth in the resolution to be adopted by the Board of Commissioners of the Authority on the date hereof. 2. The Additional Interfund Loan is repayable solely from and to the extent that Available Tax Increment is available. "Available Tax Increment" means, on each Payment Date (as defined herein), all of the tax increment generated in the preceding six (6)months with respect to the property within the TIF District and remitted to the Authority by Scott County, Minnesota, all in accordance with the TIF Act. Payments on the Additional Interfund Loan are on parity with the Original Interfund Loan and any outstanding or future interfund loans secured in whole or in part with Available Tax Increment. 3. Provided that there is Available Tax Increment to repay the Additional Interfund Loan to the City,principal and interest("Payments") on the Additional Interfund Loan shall be paid semiannually on February 1 and August 1 (each a "Payment Date"), commencing on the first Payment Date after the advance of the Additional Interfund Loan. Payments shall continue until the earlier of(a) the date the principal and accrued interest of the Additional Interfund Loan is paid in full, or (b) the date of last receipt of tax increment from the TIF District. Payments on the Additional Interfund Loan will be made in the amount and only to the extent of Available Tax Increment. Payments shall be applied first to accrued interest, and then to unpaid principal. 4. The City may at any time determine to forgive the outstanding principal amount and accrued interest on the Additional Interfund Loan to the extent permissible under law. 5. The City may from time to time amend the terms of this resolution, including amendments to the terms of and the Additional Intelfund Loan entered into under this resolution. However, the Mayor and City Administrator may initiate,prepay, terminate, or modify the terms of the Additional Intel-fund Loan authorized under this resolution without further action by the City Council, so long as such actions are consistent with the terms for the Additional Interf ind Loan described in this resolution. 6. City staff and officials are hereby authorized and directed to execute any documents and take any other actions necessary to carry out the intent of this resolution. 7. Unless otherwise amended by this resolution, the Original Interfund Loan Resolution shall remain in full force and effect. 8. This resolution shall be in full force and effect from and after its approval. 56111 M JAE SH235-25 2 Page 185 of 255 Approved by the City Council of the City of Shakopee this 2nd day of April, 2019. Mayor ATTEST: City Clerk 56111 W1 JAE SH235-25 3 Page 186 of 255 9.B.4. PM*MA SHAKOPE Shakopee City Council April 2, 2019 FROM: Michael Kerski, Director of Planning and Development TO: Mayor and City Council Subject: Livable Communities Met Council Tax Base Revitalization Account Request Policy/Action Requested: Approve Resolution No. R2019-042 authorizing the submission of a grant to the Metropolitan Council for a Tax Base Revitalization Account funding for the environmental clean up of the Riverfront Bluff Redevelopment site. Recommendation: Approve Resolution No. R2019-042 Discussion: The city joined the Met Council's Livable Communities in 2018. This makes the city eligible to apply for certain grants and loans through their various programs. The Tax Base Revitalization Accounts allow cities to draw on grant funding from the Met Council to revitalize properties that are contaminated and return them to the tax roles. This funding has been used extensively throughout the metro area. These funds would be used to remediate site contamination in the Riverfront Bluff Redevelopment Area. As part of the environmental research on the site, the city retained WSB and then Terracon to do a complete soils analysis. As part of that research, a large plume was discovered in the bedrock of VOC and chemicals associated with a former dry cleaners in the area. Also, a vast and deep field was found of organic and non-organic waste, ranging from nine to nineteen feet deep. These funds would be used to assist in the removal of these site contaminations. Terracon is in the process of filing a voluntary clean up plan with the state on behalf of the EDA and the developer. Page 187 of 255 Budget Impact: ATTACHMENTS: D Resolution Page 188 of 255 CITY OF SHAKOPEE RESOLUTION NO.R2019-042 RESOLUTION AUTHORIING APPLICATION FOR THE METROPOLITAIN COUNCIL TAX BASE REVITALIZATION ACCOUNT(TBRA)FOR RIVERFRONT BLUFF AREA WHEREAS the City of Shakopee is a participant in the Livable Communities Act's Local Housing Incentives Account Program for 2019 as determined by the Metropolitan Council, and is therefore eligible to make application apply for funds under the Tax Base Revitalization Account; and WEIEREAS the City has identified a contamination cleanup project within the City that meet the Tax Base Revitalization Account's purposes and criteria and are consistent with and promote the purposes of the Metropolitan Livable Communities Act and policies of the Metropolitan Council's adopted metropolitan development guide, and WHEREAS the City has the institutional,managerial and financial capability to ensure adequate project and grant administration; and WHEREAS the City certifies that it will comply with all applicable laws and regulations as stated in the contract grant agreements; and WHEREAS the City finds that the required contamination cleanup will not occur through private or other public investment within the reasonably foreseeable future without Tax Base Revitalization Accountgrant funding; and WHEREAS the City represents that it has undertaken reasonable and good faith efforts to procure funding for the activities for which Livable Communities Act Tax Base Revitalization Account funding is sought but was notable to find or secure from other sources funding that is necessary for cleanup completion and states that this representation is based on the following reasons and supporting facts that the site is contaminated with waste products,VOC and regulated chemicals as identified by Terracon and that these impact the properties owned by the EDA that are part of the Riverfront Bluff Redevelopment area Riverfront Bluff Redevelopment Area bounded by First Avenue, Scott Street,Levee Drive and Atwood Street, .and impede the ability to redevelop these properties and return them to the tax role; BE IT FURT14ER RESOLVED that,the City Council of Shakopee authorizes the City Administrator and the Gaughan Companies to submit an application for Metropolitan Council Tax Base Revitalization Account grant funds and,if the City is awarded a Tax Base Revitalization Account grant for this project,the City will be the grantee and agrees to act as legal sponsor to administer and be responsible for grant funds expended for the project contained in the Tax Base Revitalization grant application submitted on May 1, 2019 Approved by the City Council of the City of Shakopee this 2nd day of April,2019. Mayor ATTEST: City Clerk Page 189 of 255 9.B.5. PM*MA SHAKOPE: Shakopee City Council April 2, 2019 FROM: Michael Kerski, Director of Planning and Development TO: Mayor and Council Members Subject: Authorization to submit to DEED for a cleanup grant for the Riverfront Bluff Redevelopment Area Policy/Action Requested: Approve Resolution No. R2019-043 for application to DEED for a cleanup grant for the Riverfront Bluff Redevelopment Area Recommendation: Approve Resolution No. R2019-043 Discussion: The State of Minnesota through DEED and in cooperation with the Met Council offers the opportunity to apply for cleanup grants for contaminated sites in the region. As part of this agenda, there is also a resolution to apply to the Met Council since these programs work in tandem. DEED provides funding as part of this joint program. Funds would be used towards the cleanup of the contamination of the Riverfront Bluff Redevelopment Area. Budget Impact: ATTACHMENTS: D Resolution Page 190 of 255 CITY OF SHAKOPEE RESOLUTION NO.R2019-043 AUTHORIZING AN APPLICATION TO THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT (DEED) CONTAMINATION CLEANUP AND INVESTIGATION GRANT PROGRAM FOR THE RIVERFRONT BLUFF REDEVELOPMENT AREA Whereas, the City of Shakopee has approved the Contamination Cleanup and/or Investigation grant applications to be submitted to the Department of Employment and Economic Development(DEED)on May 1, 2019 by the City of Shakopee for the Riverfront Bluff Redevelopment Area bounded by First Avenue, Scott Street,Levee Drive and Atwood Street. Now,Therefore,Be It Resolved by The City Council of The City of Shakopee: That the City of Shakopee act as the legal sponsor for the projects contained in the Contamination Cleanup and Investigation Grant Program applications to be submitted on May 1, 2019 and that the City Administrator(or his designee)is hereby authorized to apply to the Department of Employment and Economic Development for funding of the aforementioned projects on behalf of the City and to submit a disclosure consent form in connection with such applications. Be It Further Resolved that the City of Shakopee has the legal authority to apply for financial assistance,and the institutional,managerial,and financial capability to ensure adequate project administration. Be It Further Resolved that the sources and amounts of the local match identified in the application are committed to the projects identified. Be It Further Resolved that the City of Shakopee has not violated any Federal, State or local laws pertaining to fraud,bribery,graft,kickbacks,collusion,conflict of interest or other unlawful or corrupt practice. Be It Further Resolved that upon approval of its applications by the state and acceptance by the City Council, of Shakopee may enter into agreements with the State of Minnesota for the above- referenced project(s),and that the City of Shakopee certifies that it will comply with all applicable laws and regulation as stated in all contract agreements. Be It Further Resolved that upon approval of its applications by the state and acceptance by the City Council,the Finance Officer or his designee will be authorized to execute such agreements as are necessary to implement the projects on behalf of the applicant. Be It Further Resolved that the city of Shakopee is located within the seven-county metropolitan area defined in section 473. 121, subdivision 2, and is participating in the local housing incentives program under section 473.254. Approved by the City Council of the City of Shakopee this 2 d day of April,2019. Mayor ATTEST: City Clerk Page 191 of 255 9.C.1. PM*MA SHAKOPE: Shakopee City Council April 2, 2019 FROM: Steve Lillehaug, City Engineer/Public Works Director TO: Mayor and Council Members Subject: Prior Lake Spring Lake Watershed District and Prior Lake Outlet Channel (PLOC) Policy/Action Requested: Overview and update by watershed staff on the Prior Lake Spring Lake Watershed District and the Prior Lake Outlet Channel (PLOC). Recommendation: None. Discussion: Watershed staff will present an overview and update of the watershed and the Prior Lake Outlet Channel. Budget Impact• n/a ATTACHMENTS: D Presentation Page 192 of 255 �lu IIIIIIII��,. 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PM*MA SHAKOPE: Shakopee City Council April 2, 2019 FROM: Darin Nelson, Finance Director TO: Mayor and Council Members Subject: City Bill List Policy/Action Requested: None Recommendation: Informational only. Discussion: Attached is the most recent monthly Financial Report for the General fund. These reports reflect the expenditures as recorded for 2019 activity. The following transactions are notable for this reporting cycle: • Lano Equipment Inc has delivered 3 Bobcat skidsteer loaders that council approved for purchase at the January 8, 2019 council meeting. These are replacing unit # skl308, skl309 & skl310 that were traded as part of the purchase agreement. $13,549.80 • Owens Air Conditioning & Heating has requested final payment for two HVAC units replaced at Fire Station #1, $16,400.00. Included in the check list are various refunds, returns, and pass through. 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L O O O O O U N N N N N Funds transferred electronically March 20, 2019 to April 2, 2019 PAYROLL $330,189.86 FIT/FICA $98,844.76 STATE INCOME TAX $21,930.58 PERA $101,183.90 HEALTH CARE SAVINGS $10,212.88 HEALTH SAVINGS ACCT $9,456.03 NATIONWIDE DEF COMP $11,885.68 ICMA DEFERRED COMP $2,355.95 MSRS $5,502.52 FSA $1,249.65 MN WAGE LEVY $0.00 Child Support $230.73 Total $ 593,042.54 Page 255 of 255