HomeMy WebLinkAboutNovember 6, 2019E «,
Shakopee City Council
November 6, 2019
7:00 PM
City Hall 485 Gorman St.
Shakopee Mission Statement
The Mission of the City of Shakopee is to provide the opportunity to live, work and play in a community
with a proud past, promising future, and small town atmosphere within a metropolitan setting.
A. Keep Shakopee a safe and healthy community where residents can pursue active and quality lifestyles.
B. Positively manage the challenges and opportunities presented by growth, development and change.
C. Maintain the City's strong financial health.
D. Maintain, improve and create strong partnerships with other public and private sector entities.
E. Deliver effective and efficient public services by a staff of well -trained, caring and professional employees.
F. Housekeeping item.
Mayor Bill Mars presiding
1. Roll Call
2. Pledge of Allegiance
3. Special Presentation
3.A. Resolution of Appreciation to Captain Craig Robson
4. Approval of Agenda
5. 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
*5. A.1. *City Council Minutes
*5. A.2. *Settlement Agreement - CenturyLink Franchise Fees
*5. A.3. *Appointment to Park & Recreation Advisory Board
*5. A.4. *Adoption of Metro Cities 2020 Draft Legislative Priorities
*5. A.S. *Request from Babe's Place
B. Parks and Recreation
*5. B.1. * SWCHS Ice Arena Rental Agreement
*5. B.2. *Surplus Property
C. Police
Page 1 of 231
*5. C .1. *Surplus Property
D. Public Works and Engineering
*5. D.1. *Lower Minnesota. River Watershed District Agreements for Passthrough
Grant Funding
*5. D.2. *2019/2020 Snow Removal Routes for Sidewalks and Trails
*5. D.3. *Marystown Road/Adams Street Corridor Study
6. 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.
7. Business removed from consent will be discussed at this time
8. Public Hearings
8.A. 2019 Currency Exchange License
8.B. Wood Duck Trail Reconstruction
8.C. 2019 Street & Utility Reconstruction
9. Recess for Economic Development Authority Meeting
10. Reconvene
11. General Business
A. Planning and Development
11. A.1. Wellhead Protection Ordinance
12. Reports
12.A.City Bill List
12.B.Liaison & Administration Reports
13. Other Business
14. Adjournment to Tuesday, November 19, 2019 at 7 p.m.
Page 2 of 231
3.A.
Shakopee City Council
November 6, 2019
FROM: Chief Tate, Police Chief
TO: Mayor and Council Members
Subject:
Resolution of Appreciation to Captain Craig Robson.
Policy/Action Requested:
The Council is asked to offer Resolution No. R2019-119, a resolution expressing
appreciation for and accepting the retirement of Captain Craig Robson and honoring him
for his 28 years of service to the City of Shakopee.
Recommendation:
Staff recommends Council adopt this resolution.
Discussion:
Captain Craig Robson has served the Shakopee community for 28 years in many capacities
for the Shakopee Police Department. Patrol Officer, Sergeant, Field Training Officer,
SWAT Team Member, Defensive Tactics Instructor, Firearms Instructor, Taser Instructor
and Captain. He has done so with dedication and commitment and is very deserving of this
recognition.
Budget Impact:
None.
ATTACHMENTS:
D Resolution R2019-119
Page 3 of 231
RESOLUTION NO. R2019-119
A RESOLUTION OF APPRECIATION TO CAPTAIN CRAIG ROBSON
WHEREAS, Craig Robson began his law enforcement career with the Shakopee Police
Department; and,
WHEREAS, Craig was hired as a patrol officer with the Shakopee Police Department and was
subsequently appointed Patrol Sergeant in 1998 and into his current position as Captain in 2006; and,
WHEREAS, Craig's wife, Michele, his three children Adam, Erin and Lyndsey have supported
Craig during his tenure at the Shakopee Police Department; and,
WHEREAS, during his tenure at the Shakopee Police Department, Craig has held many
assignments, Field Training Officer, member of the SWAT Team where he was instrumental in
implementing a county wide SWAT Team, Defensive Tactics Instructor, Firearms Instructor; and the first
taser instructor in Scott County; and,
WHEREAS, Craig has received numerous accolades, letters of appreciation and a Meritorious
Service Award for his work on the Master Planning Task Force and a Distinguished Service Award when
a prisoner held the jail staff hostage at the Scott County Jail. Craig is certified in Emergency Management
Planning and is a graduate of the FBI National Academy in Quantico, Virginia; and,
WHEREAS, throughout Craig's 28 years of dedicated service to the residents and the City of
Shakopee, he has embodied and lived the Shakopee Police Department's mission statement- "to provide
services with integrity and professionalism, to protect citizens through enforcement of the law and to
work in partnership with our community to enhance the quality of life in the City of Shakopee"; and,
WHEREAS, Craig has been instrumental in coordinating many of the departments most complex
and high -profile investigations for more than two decades.
WHEREAS, after providing 28 years of service, Captain Robson will retire form his position of
Captain on November 30, 2019.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Shakopee hereby
accepts, with regret, the resignation of Captain Craig Robson from the Shakopee Police Department
effective November 30, 2019; and
BE IT FURTHER RESOLVED, that the Mayor and City Council of the City of Shakopee,
Minnesota hereby extends their sincere appreciation and gratitude for the dedicated service of Captain
Craig Robson to the City of Shakopee and extends to him their best wishes for happiness, and a long,
happy retirement.
Adopted in regular session of the City Council of the City of Shakopee, held this 6th day of
November 2019.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Page 4 of 231
*S.A.1.
Shakopee City Council
November 6, 2019
FROM: Lori J. Hensen, City Clerk
TO: Mayor and Council Members
Subject:
City Council meeting minutes of October 15, 2019.
Policy/Action Requested:
Approve the minutes of October 15, 2019.
Recommendation:
Approve the above motion.
Discussion:
Budget Impact:
ATTACHMENTS:
D October 15, 2019
Page 5 of 231
E «,
Mayor Bill Mars presiding
1. Roll Call
Shakopee City Council Minutes
October 15, 2019
7:00 PM
City Hall 485 Gorman St.
Present: Mayor Bill Mars, Councilmembers Jody Brennan, Matt Lehman, Jay Whiting,
Angelica Contreras
Staff Present: City Administrator Bill Reynolds, City Attorney Jim Thomson, Public
Works/Engineering Director Steve Lillehaug, Planning/Development Director Michael
Kerski, Park/Recreation Director Jay Tobin, Police Chief Jeff Tate, Communications
Coordinator Kristin Doran, City Clerk Lori Hensen
2. Pledge of Allegiance
3. Approval of Agenda
Councilmember Jay Whiting made a motion to approve agenda, seconded by
Councilmember Angelica Contreras and the motion passed.
5-0
4. Consent Business - (All items listed in this section are anticipated to be routine. After
a discussion by the Mayor there will be an opportunity for members of the Council to
remove any items from the consent agenda for individual discussion. Those items
removed will be considered following the Public hearing portion of the agenda. Items
remaining on the Consent Agenda will not be discussed and will be approved in one
motion.)
Councilmember Contreras asked to have item 10.A.2. moved to consent.
Councilmember Matt Lehman made a motion to approve amended consent agenda,
seconded by Councilmember Jody Brennan and the motion passed.
5-0
A. Administration
*4. A.1. *City Council Minutes
Approve the meeting minutes of September 25, September 30, and October 1, 2019.
(Motion was carried under consent agenda.)
Page 6 of 331
*4. A.2. *Social Media Policy Update
Approve the Social Media Policy as presented. (Motion was carried under consent
agenda.)
*4. A.3. *Change City Council Meeting Date
Adopt resolution R2019-111, a resolution changing the November 5, 2019 meeting
date to November 6, 2019. (Motion was carried under consent agenda.)
B. Fire
*4. B.1. *Letter of Intent to Purchase Turnout Gear Washer
Approve and ratify the City Administrator's approval of a letter of intent in support of
a grant from the State of Minnesota for the purposes of purchasing a turnout gear
washer. (Motion was carried under consent agenda.)
C. Parks and Recreation
*4. C.1. *SYHA Concessions Agreement
Approve concession agreement with Shakopee Youth Hockey Association for the
2019- 2020 hockey season as presented. (Motion was carried under consent agenda.)
D. Public Works and Engineering
*4. D.1. *Drainage and Utility Easement Encroachment Agreements
Approve drainage and utility encroachment agreements for 5100 Valley Industrial
Boulevard South (PID 271410020) and 3200 4th Avenue East (PID 274890010).
(Motion was carried under consent agenda.)
*4. D.2. *2019 Street & Utility Reconstruction
Adopt Resolution R2019-107 declaring costs to be assessed, ordering the preparation
of proposed assessments and setting a public hearing for the 2019 Street & Utility
Reconstruction Project CIF-19-003. (Motion was carried under consent agenda.)
*4. D.3. *Wood Duck Trail Reconstruction
Adopt Resolution R2019-108 declaring costs to be assessed, ordering the preparation
of proposed assessments and setting a public hearing for the Wood Duck Trail
Reconstruction Project CIF-19-008. (Motion was carried under consent agenda.)
*4. D.4. *Professional Service Agreement with Advanced Engineering &
Environmental Services, Inc.
Authorize the execution of a professional services agreement with AE2S to perform a
feasibility study for the Lift Station #16 Rehabilitation Project (Sewer-19-001).
Page 2of931
(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
make political endorsements or for political campaign purposes. Council Members will
not enter into a dialogue with citizens, and questions from Council will be for
clarification only. This period will not be used to problem solve issues or to react to
the comments made, but rather for informational purposes only.
6. Business removed from consent will be discussed at this time
7. Public Hearings
7.A. Assessment Hearing on Delinquent Garbage/Refuse Bills from Republic
Services
Councilmember Jay Whiting made a motion to open the public hearing, seconded by
Councilmember Matt Lehman 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 adopt Resolution No. R2019-109,
certifying assessments for delinquent refuse bills after checking the interest, seconded
by Councilmember Angelica Contreras and the motion passed.
5-0
7.B. Assessment Hearing on Delinquent City Services
Councilmember Matt Lehman made a motion to open the public hearing, seconded by
Councilmember Angelica Contreras and the motion passed.
5-0
Councilmember Jody Brennan made a motion to close the public hearing, seconded
by Councilmember Angelica Contreras and the motion passed.
5-0
Councilmember Angelica Contreras made a motion to Offer Resolution No. R-2019-
Page 8 of 231
110 certifying assessments for delinquent false alarms & mowing services after
checking interest, seconded by Councilmember Matt Lehman and the motion passed.
5-0
8. Recess for Economic Development Authority Meeting
9. Reconvene
10. General Business
A. Administration
10. A.1. Hire Finance Director
Councilmember Jay Whiting made a motion to approve hire of Nathan Reinhardt as
Finance Director at Step 6, Grade 230 of the City's 2019 non -union pay plan and
terms in accordance with the attached signed offer letter, seconded by
Councilmember Jody Brennan and the motion passed.
5-0
10. A.2. Financial Review -September 2019
Item was moved to consent.
B. Planning and Development
10. B.1. Rezoning of Lot 1, Block 2, West Shakopee Gateway from B-1, Highway
Business to R-4, High Density Residential
Councilmember Jay Whiting made a motion to adopt Ordinance No. 02019-013, an
ordinance rezoning Lot 1, Block 2, West Shakopee Gateway First Addition from
Highway Business, B-1 to R-4, High Density Residential, seconded by
Councilmember Jody Brennan and the motion passed.
4-1
Nays: Lehman
10. B.2. Presentation by XCEL Energy
Informational only
11. Reports
11.A.City Bill List
11.B.Liaison & Administration Reports
Page 0 of 331
12. Other Business
13. Adjournment to Wednesday, November 6, 2019 at 7 p.m.
Councilmember Jody Brennan made a motion to adjourn to November 6, 2019 at
7:00 p.m., seconded by Councilmember Angelica Contreras and the motion passed.
5-0
Page 5 bb5231
*S.A.2.
Shakopee City Council
November 6, 2019
FROM: Nate Burkett, Assistant City Administrator
TO: Mayor and Council Members
Subject:
Settlement Agreement with CenturyLink for underpaid franchise fees.
Policy/Action Requested:
Approve settlement agreement and release of claims with CenturyLink in the amount of
$18,236.44 for underpaid franchise fees.
Recommendation:
Approve Policy/Action Requested
Discussion:
The City of Shakopee participated with several other cities in a joint audit of franchise fees
collected from CenturyLink. The audit was conducted by Ashpaugh & Sculco, CPAs. The
City's franchise attorney, Brian Grogan of Moss and Barnett, representing multiple cities,
has negotiated a settlement agreement with CenturyLink to recover underpaid franchise
fees.
The terms of this agreement include payment to the city in the amount of $18,236.44, which
is the entire amount identified by the audit. In return, the city agrees to release claims
related to underpayment of franchise fees against CenturyLink.
Budget Impact:
Revenues of $18,236.44.
ATTACHMENTS:
D Settlement Agreement
Page 11 of 231
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
This Settlement Agreement and Mutual Release (the "Settlement Agreement") is made this _23_
day of October , 2019, by the City of Shakopee, Minnesota (the "City") and Qwest
Broadband Services, Inc. d/b/a CenturyLink ("CenturyLink").
RECITALS
WHEREAS, CenturyLink operates a cable system in the City and pays franchise fees pursuant to
a franchise agreement entered into on or about August 3, 2016 between the parties ("Franchise");
and
WHEREAS, CenturyLink has agreed to submit payment to the City in the amount of Eighteen
Thousand Two Hundred Thirty-six and 44/100 Dollars ($18,236.44) to settle past claims on
franchise fees due the City for the time period beginning with the date of adoption of the
Franchise, August 3, 2016, until the date of this Settlement Agreement ("Accounting Period");
and
WHEREAS, CenturyLink and the City now desire to conclude, settle, release and discharge once
and forever, all rights, claims, causes of actions, liabilities, disputes and demands relating to the
City's past claims on franchise fees paid by CenturyLink to the City during the Accounting
Period; and
NOW THEREFORE, in consideration of the foregoing, and in consideration of the mutual
promises and obligations hereinafter set forth, and for good and valuable mutual consideration,
the receipt and sufficiency of which is hereby acknowledged, the parties to this Settlement
Agreement hereto agree as follows:
AGREEMENT
1. SETTLEMENT AMOUNT
The City and CenturyLink have agreed that CenturyLink shall submit payment to the City in the
amount of Eighteen Thousand Two Hundred Thirty-six and 44/100 Dollars ($18,236.44)
("Settlement Amount") to settle past claims on franchise fees for the Accounting Period. It is
expressly understood and agreed that the Settlement Amount represents full and complete
satisfaction and compromise of any and all claims, causes of action, liabilities, disputes and
demands arising out of or in any way related to the City's past claims on franchise fees due the
City during the Accounting Period.
2. RELEASE OF CLAIMS
A. For the consideration set forth in this Settlement Agreement, the City does hereby
release and forever discharge CenturyLink, and its parents, subsidiaries, officers,
directors, shareholders, employees, predecessors, successors and assigns of and from any
4852004v1
1
Page 12 of 231
and all claims, causes of action, liabilities, disputes and demands arising out of the City's
past claims on franchise fees due the City during the Accounting Period.
B. CenturyLink agrees that it will not recover, or seek to recover, the Settlement
Amount from subscribers or the City in any manner via a line item on subscriber bills or
via the assessment of increased franchise fee payments.
C. CenturyLink agrees that it will not offset or deduct any portion of the Settlement
Amount from future franchise fee payments made to the City.
3. VOLUNTARY AGREEMENT
This Settlement Agreement is freely and voluntarily given by each party, without any duress or
coercion, and after each party has consulted with its counsel. Each party has carefully and
completely read all of the terms and provisions of this Settlement Agreement. It is understood
and agreed by the City and CenturyLink that nothing herein shall be deemed to be an admission
of liability by CenturyLink with respect to the matter of this Settlement Agreement.
4. BINDING EFFECT
This Settlement Agreement will inure to the benefit of and be binding upon the parties and
respective successors and assigns. The parties for themselves and their respective successors,
assigns and legatees agree to join in or execute any instruments and to do any other act or thing
necessary or proper to carry into effect this or any part of this Settlement Agreement.
5. GOVERNING LAW
This Settlement Agreement, and any controversies arising hereunder, shall be interpreted and
adjudicated in accordance with the laws of the State of Minnesota, whose courts shall have
exclusive jurisdiction thereof.
6. ENTIRE AGREEMENT
This Agreement represents the entire understanding and agreement between the parties as to the
subject matter hereof and may be modified or waived only by a separate writing.
7. COUNTERPARTS
This agreement may be executed in counterparts, each of which is an original and all of which
together constitute one and the same instrument.
4852004v1
2
Page 13 of 231
IN WITNESS WHEREOF, the parties have executed this Settlement Agreement as their free and
voluntary acts and deeds, effective as of the date first above written.
CITY OF SHAKOPEE, MINNESOTA QWEST BROADBAND SERVICES,
INC. D/B/A CENTURYLINK
By: By:
Its: Its:
Prp
Public Policy Manager
4852004v1
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Page 14 of 231
*5.A.3.
Shakopee City Council
November 6, 2019
FROM: Lori J. Hensen, City Clerk
TO: Mayor and Council Members
Subject:
Fill the vacant term on the Park & Recreation Advisory Board.
Policy/Action Requested:
Approve the interview committee recommendation for the Park & Recreation Advisory
Board.
Recommendation:
Approve the above motion.
Discussion:
In September, the city advertised for volunteers that would be interested in filling the
vacancy on the Park & Recreation Advisory Board. After 3 weeks of advertising on all
forms of media, staff received only two applications. On October 16, the interview panel
consisting of Councilmember Jay Whiting, Councilmember Jody Brennan and the Vice
Chair of the Park & Recreation Advisory Board Kyle Verley interviewed one person.
After reviewing the qualifications, the interview committee is recommending William Skar
to fill the remaining term of the vacancy that expires February 28, 2022.
Budget Impact:
Page 15 of 231
*5.A.4.
Shakopee City Council
November 6, 2019
FROM: William H. Reynolds, City Administrator
TO: Mayor and City Council Members
Subject:
Metro Cities 2020 Draft Legislative Policy Positions
Policy/Action Requested:
Adoption of Metro Cities 2020 Draft Legislative Policies
Recommendation:
Approval as recommended by the Metro Cities policy adoption study committees and the
Metro Cities Board of Directors.
Discussion:
Metro Cities is an association of more than ninety Twin Cities area municipalities which
monitors the legislature and the Metropolitan Council, and advocates for legislation that will
benefit cities and their stakeholders. Annually four Metro City policy committees meet to
discuss and establish the recommended policy positions to be lobbied for the next year.
Membership on the committees includes a mix of over 100 elected and appointed officials.
The presented legislative policies have been adopted by the Metro Cities Board of
Directors, of which I am a member.
The committees review Metro Cities' positions in the following areas:
• Municipal Revenue and Taxation
• General Government
• Housing and Economic Development
• Metropolitan Agencies
• Transportation
At its annual meeting on Thursday, November 14, the draft policies will be considered for
adoption. Each city is asked to designate a voting delegate. I am the designated Shakopee
liaison to Metro Cities.
Page 16 of 231
City council's generally vote to endorses the policies as presented. However, if disagreement
exist regarding an individual policy, five cities must vote to have a discussion on the issue
for it to be pulled at the meeting. Unless there is a council disagreement with a particular
policy, individual concerns can be related via written correspondence. In the past, I have
received correspondence from several council members and have provided that to Metro
Cities for their review.
Budget Impact:
None.
ATTACHMENTS:
D 2020 Metro Cities Legislative Policies
Page 17 of 231
Association of
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Page 18 of 231
etro ities
Association of Metropolitan Municipalities
145 University Ave. W.
St. Paul, Minnesota 55103-2044
Phone: (651) 215-4000
Website: WWW.MetroCitiesMN.org Fax:
Ms. Patricia Nauman
Executive Director
(651) 215-4002
Patricia@AletroCities'MN.org
Mr. Charlie Vander Aarde
Gov't Relations Specialist
(651) 215-4001
Chcerlie(iiAfetroCitiesMAI.org-
65 281 299
Twitter:
Mr. Steven Huser
Gov't Relations Specialist
(6)1) 215-4003
Steven(i-t),MetroCitiesAlAi.org
et aoCities114N
Ms. Kimberly Ciarroechi
Office Manager
(651) 215-4004
Kimberlyra)MetroCitiesMN.org
Page 19 of 231
Table of Contents
•
Municipal Revenue & Taxation
1-A State and Local Fiscal Relationship
1-B Revenue Diversification and Access 2
1-C Restrictions on Local Government Budgets 2
1-D Budget and Financial Reporting Requirements 2
1-E Local Government Aid (LGA) 3
1-F State Property Tax Relief Programs 4
1-G Property Valuation Limits/Limited Market Value 4
1-H Market Value Homestead Exclusion Program (MVHE) 4
1-I Metropolitan Area Fiscal Disparities Program 4
1-J Constitutional Tax and Expenditure Limits 5
1-K State Property Tax g,
p Y �.
1-L Class Rate Tax System
1-M Regional FacilityHost Communities °b
1-N Sales Tax on Local Government Purchases _� 6
1-0 City Revenue Stability and Fund Balance
1-P Public Employees Retirement Association 7
1-Q State Program Revenue Sources h 7
,.w.
1-R Post -Employment Benefits
1- S Health Care Insurance Progra £ 8
1-T State Budget e Stability ' '
._ 8
1-U Taxation of Electronic a mere p 8
1-V Payments for Services t . x
��� � � � perty 9
1-W Proceeds from Tax e,aseit °property 9
1-X Vehicle Title a tem (VTRS) 9
1-Y Special Ass - ents F 10
1
1
General Government =n b : .. 11
2-A Mandates, Zoning & Local Authority 11
2-B City Enterprise Activities 11
2-C Firearms on City Property 11
2-D 911 Telephone Tax 12
2-E 800 MHz Radio System 12
2-F Building Codes 12
2-G Administrative Fines 12
2-H Residential Programs 13
2-I Annexation 13
2-J Statewide Funding Sources for Local Issues with Regional Impact 14
2-K Urban Forest Management Funding 14
2-L Regulation of Harmful Substances and Products 15
2-M Private Well Drilling Restriction Authority 15
2019 Legislative Policies
Page 20 of 231
Table of Contents
2-N Organized Waste Collection 15
2-0 Election Administration 16
2-P Utility Franchise Fees, Accountability and Cost Transparency 16
2-Q Water Supply 17
2-R Regulation of Massage Therapists 18
Housing & Economic Development 19
Policies 3-A to 3-J: Introduction 19
3-A City Role in Housing 19
3-B City Role in Affordable and Life Cycle Housing 19
3-C Inclusionary Housing 21
3-D Metropolitan Council Role in Housing 21
3-E Allocation of Affordable Housing Need ��§ � 22
3-F Housing Performance Scores 23
3-G State Role in Housing _ 24
3-H Federal Role in Affordable and Workforce Ho _ gs .; g 26
3-I Vacant, Boarded, and Foreclosed Properties Y d Pro p rties at R c 27
3-J HousingOrdinance Enforcement k3 28
3-K Economic Development, Redevelop ent and `o kforce Readiness 29
3-K 1 Economic Development p 29
3-I.(2)Redevelo ment 30
p Y t
3-K 3 Workforce Readiness 31
3-L Tax Increment Financing f ` 32
3-M 33
Eminent Doman
3-N Community Reinvestme '1 '34
3-0 Business Incentiv 1.' cy ` 35
3-P Broadband Te .log 35
3-Q City Role in ironment. Prot- ction and Sustainable Development 36
3-R Impaired Wate37
Metropolitan Agencies
39
4-A Goals and Principles for Regional Governance 39
4-B Regional Governance Structure 40
4-C Comprehensive Analysis and oversight of Metropolitan Council 40
4-D Funding Regional Services 41
4-E Regional Systems 41
4-F Regional Water Supply Planning 41
4-G Review of Local Comprehensive Plans 42
4-H Comprehensive Planning Process 43
4-I Comprehensive Planning Schedule 44
4-J Local Zoning Authority 44
4µK Regional Growth 44
2019 Legislative Policies
Page 21 of 231
Table of Contents
4-L Natural Resource Protection 46
4-M Inflow and Infiltration (III) 47
4-N Sewer Availability Charge (SAC) 48
4-0 Funding Regional Parks & Open Space 49
4-P Livable Communities 49
4-Q Density 50
Transportation 51
Transportation Policies and Funding Introduction
5-A Road and Bridge Funding
5-B Regional Transit System
5-C Transit Financing
5-D Street Improvement Districts
5-E Highway Turnbacks & Funding
5-F "3C" Transportation Planning Process: Elected 0 als'
5-G Electronic Imaging for Enforcement of Traffic s
5-H Transportation Network Companies and Al ative ansporta on Modes
5-I Airport Noise Mitigation
`-
p g
5-J Funding for Non -Municipal State Ai • (MSAS) a Streets
5-K County State Aid Highway (CSAH) ' ' ® tion Y . ula
5-L Municipal Input/Consent for Trunk wad ,. unty Roads
5-M Plat Authority
5-N MnDOT Maintenance Bu
5-0 Transit Taxing District
5-P Complete Streets
Committee Roster
51
51
52
53
54
54
54
55
55
55
56
56
56
57
57
57
58
59
Municipal Revenue & : a o 59
Housing & Economic Deve ent 60
Metropolitan Agencies 61
Transportation & General Government 62
2019 Legislative Policies
Page 22 of 231
Page 23 of 231
Municipal Revenue & Taxation
I -A State and Local Fiscal Relationship
A strong, functional state and local fiscal relationship must emphasize adequacy, equitability,
sustainability and accountability for public resources and effective communication among the
state, cities, and public. An effective partnership must also emphasize practices that strengthen
collaboration and partnership between the state and local units of government,
Services provided by cities are traditionally funded through a combination of property taxes, fees
and state aids. Increasingly, cities are bearing more costs for services that have historically been
the responsibility of the state.
Metro Cities supports a strong state and local fiscal pares .ass �' that emphasizes the
following:
• Strong financial stewardship and account ility 3 public resources that
emphasizes maximizingefficiencies in service deli F d effective communication
p is
between the state and local units of govern rnt and ublic.
• Reliable, stable and adequate reven o� eluding the property tax and local
government aids, and dedicated f ,y� t r me `s ecific local government needs. Metro
Cities opposes diverting dedicat or loaids for the purpose of balancing state
budgets.
• Sufficient reve
and citizens to recei
maintain local, regio
able to cities that allow cities to address local needs
rvi ` at relatively similar levels of taxation, and that
conomic vitality and competitiveness.
• Full state funding �� r mandates enacted by the state, and flexibility for local
governments in implementin state mandates to ensure local costs are minimized.
• Local decision -making authority with regard to the terms and conditions of
employment for local government employees, including compensation, recognition, and
benefit decisions.
• Adequate and timely notification regarding new legislative programs or
modifications to existing state programs or policies to allow cities sufficient time to plan for
implementation and to manage any effects on local budgeting processes.
• Support for cooperative purchasing arrangements between the state and local units
of government. Such arrangements must be structured to be able to address unexpected
delays or other challenges in the procurement of goods, so that any disruptions to local
government operations and services that may result from such delays are minimized. State
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officials should seek local feedback in the vetting of product vendors.
• The concept of performance measuring, but opposition to using state established
measurements to determine the allocation of state aids to local governments or restrict the
ability of local governments in establishing local budgets and levies.
1-B Revenue Diversification and Access
Metro Cities supports a balanced and diversified revenue system that acknowledges diverse
city characteristics, needs and revenue capacities and allows for greater stability in
revenues.
Metro Cities will monitor the effects of 2019 laws that modified st tutory requirements for local
option sales taxes. Metro Cities continues to support the abili + f a city to impose a local
option sales tax for public improvements and capital rep/ ent costs using local
processes determined by law but without the need for s aslation. Metro Cities
supports having local sales tax referendums conduc • 4 at a gene 31 or special election.
The Legislature should recognize equity considerat
continue to provide aids to cities that have high needs,
Metro Cities supports a modification to st
cities to impose up to a five percent local 10
uses of revenues to meet local ne
Metro Cities supports curren
opposes statutory changes uch
that would reduce loc
franchise fees and i
1-C Restrictions on
ed with local sales taxes and
a� urdens and/or low fiscal capacity.
ng local lodging taxes to allow
and the ability of cities to modify the
r municipal franchise fee authority, and
erse re erendum requirements or other constraints
exibility for establishing, amending, or renewing
ca bile processes and goals for establishing such fees.
Government Budgets
Metro Cities strongly opposes levy limits, reverse referenda, super majority requirements
for levy and valuation freezes, or other restrictions on local government budgeting and
taxing processes. Such restrictions undermine local budgeting and taxing processes, planned
growth, and the relationship between locally elected officials and their residents by allowing the
state to decide the appropriate level of local taxation and services, despite varying local
conditions and circumstances.
1-D Budget and Financial Reporting Requirements
State laws require cities to prepare and submit or publish numerous budget and financial reports.
These requirements often create significant costs to cities, and some requirements result in
duplication. Additional reporting requirements should have a clearly defined statement of public
purpose and need not covered under existing requirements and should balance the need for
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additional information with the costs of compiling and submitting the information.
Considering the numerous existing reporting requirements, Metro Cities supports reducing
the number of mandated reports. Metro Cities supports efforts to consolidate municipal
government financial reporting requirements in the office of the State Auditor, including
an electronic submission alternative to any remaining paper filing requirements, and to
authorize the use of web publication where newspaper publication is currently required.
1-E Local Government Aid (LGA)
Metro Cities supports the city Local Government Aid (LGA) program as a means of
ensuring cities remain affordable places to live and work while meeting basic public service
needs of residents and businesses.
Metro Cities' policies recognize that the state's prosperity an lity depend significantly upon
the economic strength of the metropolitan region, and that es = in the region playcritical
roles in fostering the economic development, job creati s`: nd busin expansion that underpin
the state's economic health.
Metro Cities supported 2013 statutory modificatio e i the LGA program to better address
the needs of cities across the state and of �_ pp
olita . 'ies in their support of the state's
.��
economic growth. Metro Cities continues 4 a ula-based LGA program that
recognizes variances in city characteristics d a' = s and emphasizes stability in the
distribution of aids. While the 20 t == ficat improved LGA formula factors to better
recognize cityneeds and ca acit' the ribut of aid continues to begeographically
g p 3 �
disparate and unstable for some
Metro Cities supports
city needs are adeq
metropolitan city of _ c
tion of the LGA formula to ensure that metropolitan
he LGA formula, and opportunities for input by
am modifications are considered.
To ensure appropriation �: �: re adequate to meet program objectives, Metro Cities
supports increasing the LG appropriation to address cities' unmet need as defined by the
LGA formula as well as increases in the LGA appropriation to account for inflation. By
way of reference, the total need identified in the LGA formula for 2020 is estimated at
$807.7rnillion, whereas the current funding is set at $560.3 million, putting the remaining need at
$247.4 million.
Metro Cities supports formula -based allocations for increases to the LGA appropriation,
and opposes freezes of the LGA appropriation, reductions of LGA. for balancing state
budget deficits, and diversions of the LGA. appropriation to other purposes or entities.
Metro Cities also opposes artificial limits or reductions that single out specific cities, and
further opposes using LGA as financial leverage to influence particular activities and
policy decisions at the local level.
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1-F State Property Tax Relief Programs
Metro Cities supports state funded property tax relief programs paid directly to homestead
property taxpayers such as the "circuit breaker" program and enhanced targeting for
special circumstances. Metro Cities also supports the renter's credit program. Metro Cities
supports an analysis of the state's property tax relief programs to determine their
effectiveness and equity in providing property tax relief to individuals and families across
the state.
Metro Cities supports efforts by the Minnesota Department of Revenue to expand outreach
and notification efforts about state property tax relief programs to homeowners, and
notifications to local units of government to support such efforts. Metro Cities also
supports legislative modifications to make tax relief payments to taxpayers automatic.
Metro Cities supports the use of the Department of Revenu
income and property values, and the consideration of inc.
paid in determining eligibility for state property tax r pro
should occur in a timely manner and data reviewed pe ically to
accuracy and usefulness.
1-G Property Valuation Limits/Lim
Metro Cities opposes the use of artificial
purposes, since such limitations s bur
disparities between properties o • qua value.
1-H Market Value
The Market Value H
qualifying homesteads,
within jurisdictions. The
which provided credits on to
reimbursements provided by the state to local governments.
Voss" database to link
elative to property taxes
s. Updates to the database
e r^ the database's
g property at market for taxation
s to other classes of property and create
xclusion Program (MVHE)
sion 'rogram (MVHE) provides property tax relief to
ctions in property tax values, which shifts property taxes
laced a former Market Value Homestead Credit Program,
overnment tax bills to qualifying properties, with
Metro Cities opposes restoration of the former Market Value Homestead Credit, as
reimbursements to local governments were inconsistent, and encourages further study of
the exclusion program, with input by city officials, to determine the program's overall
efficacy and its effects on local tax bases.
1-1 Metropolitan Area Fiscal Disparities Program
The Metropolitan Area Fiscal Disparities Program, enacted in 1971, was created for the purposes
of:
• providing a way for local governments to share in the resources generated by the growth
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of the metropolitan area without removing existing resources;
• promoting orderly development of the region by reducing the impact of fiscal
considerations on the location of business and infrastructure;
• establishing incentives for all parts of the area to work for the growth of the area as a
whole;
• helping communities at various stages of development; and
• encouraging protection of the environment by reducing the impact of fiscal
considerations to ensure protection of parks, open space and wetlands.
Metro Cities supports the Fiscal Disparities Program. Metro C`ties opposes any diversion
from the fiscal disparities pool to fund specific state, regiona Yor local programs, goals or
projects as such diversions contradict the purposes of t e pro + , m.
Legislation that would modify or impact the fiscal dis ities program _ = u1d only be considered
within a framework of comprehensive reform effor of the te's property tax, aids and credits
system. Any proposed legislation that would modify o f ct the fiscal disparities program
must be evaluated utilizing the criteria of fai nss, equi ability, transparency and coherence
in the treatment of cities and taxpayers acrosregion,
e� e ropol1 an and must continue to
serve the program's intended purposes.
Metro Cities opposes legislatio ; :heat ld a ow for capturing and pooling growth in
residential tax capacity to fu c d ograms or objectives.
Further studies or task fo. t ons der modifications to the fiscal disparities program must
include participation n input f o. me ropolitan local government representatives.
1-J ConstitutionalTax a Expenditure Limits
Metro Cities strongly opposes including tax and expenditure limits in the state constitution,
as such limits eliminate flexibility by the Legislature or local governments to respond to
unanticipated critical needs, emergencies, or fluctuating economic situations.
When services such as education, public safety and health care require increased funding beyond
the overall limit, other publicly funded services potentially stand to receive inadequate resources.
Constitutional limits result in reduced revenue bases during times of economic downturn and the
inability to recover to previous service levels when economic prosperity returns.
1 -K State Property Tax
The state levies a property tax on commercial/industrial and cabin property. Since cities' only
source of general funds is the property tax, Metro Cities opposes extension of the state
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Municipal Revenue & Taxation
property tax to additional classes of property. Metro Cities opposes using the state
property tax to fund specific programs or objectives generally funded through state income
and sales tax revenue.
In the interest of increasing transparency, Metro Cities supports efforts to have the state
provide information on the property tax statement regarding the state property tax. Metro
Cities opposes exempting specific classes of property under the tax as such exemptions shift
the costs of the tax onto other classes of property.
1 -L Class Rate Tax System
Metro Cities opposes elimination of the class rate tax system or applying future levy
increases to market value since this further complicates the pr ! erty tax system.
1-M Regional Facility Host Communities
Municipalities hosting regional facilities such as utilit
costs and effects such as environmental damage or
Communities should be compensated to accommoda
benefits to the region and state. Metro Citieupports
effects of these facilities and activities on
municipalities be allowed to collect a host fee
those fees.
landfills or egate mining incur
1-N Sales Tax on Local:: e _ e uurchases
Metro Cities supporte
goods and services
purchases.
is development opportunities.
fects of facilities that provide
lative efforts to offset the negative
. Metro Cities would prefer that
usted when state decisions affect
tement of the sales tax exemption for purchases of
Thi einstatement does not apply to all local government
To ensure citizens receive t benefit of this exemption, the law should treat purchases of all
local government units the same, including purchases made by special taxing districts, joint
powers entities, or any other agency or instrumentality of local government.
Metro Cities supports simplifying the process on the exemption for construction materials
that is complex and cost ineffective or converting the process to a refund program.
Metro Cities supports granting an extension of the motor vehicle sales tax exemption to all
municipal vehicles that are used for general city functions and are provided by
governmental entities. Currently, only certain vehicles, including road maintenance vehicles
purchased by townships, and municipal fire trucks and police vehicles not registered for use on
public roads, are exempt from the MV ST.
1-0 City Revenue Stability and Fund Balance
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Metro Cities opposes state attempts to control or restrict city fund balances. These funds are
necessary to maintain fiscal viability, meet unexpected or emergency resource needs, purchase
capital goods and infrastructure, provide adequate cash flow and maintain high level bond
ratings.
1-P Public Employees' Retirement Association (PERA)
Metro Cities supports employees and cities sharing equally in the cost of necessary
contribution increases and a sixty percent employer/forty percent employee split for the
PERA Police and Fire Plan. Metro Cities also supports state assistance to local
governments to cover any additional contribution burdens placed on cities over and above
contribution increases required by employees. Cities should receive sufficient notice of these
increases so that they may take them into account for budgeting pu., s ores.
Metro Cities opposes benefit improvements for active emges or retirees until the
financial health of the PERA General Plan and PERA
Metro Cities supports modifications to help align
reduce the need for additional contribution incr
eligibility guidelines to account for temporary, sea
situations, the use of prorated service cre d a
simplify eligibility guidelines. Further empl
until other cost alignment mechanisms are con
Metro Cities supports cities an
best application of State Fire
combination departments exi t, w
effective means possibl
Fire Plan are restored.
ccntribut i s and costs, and
ding a modification of PERA
and part-time employment
ehensive review of exclusions to
rate increases should be avoided
f ass ations working together to determine the
e application of State Fire Aid, where
ure that ire services can be provided in the most cost -
Regarding police pe tions, Metro Cities supports a proactive review of factors
contributing to the fine .1st of police and fire pension plans, to ensure that
structural adjustments aridered in conjunction with potential increases in employee
and employer contribution r tes. Specifically, an area that could be considered is contractual
overtime impacts on pension levels.
Metro Cities supports removing the sunset of the PERA aid that is paid to local units of
government to help address increased employer contribution costs.
1-Q State Program Revenue Sources
Metro Cities opposes any attempt by the state to finance programs of statewide value and
significance, that are traditionally funded with state revenues, with local revenue sources
such as municipal utilities or property tax mechanisms. Statewide programs serve
important state goals and objectives, and should be financed through traditional state
revenue sources such as the income or sales tax.
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Metro Cities further opposes substituting traditionally state funded programs with funding
mechanisms that would disparately affect taxpayers in the metropolitan area.
1-R Post -Employment Benefits
Metro Cities supported statutory changes that allow local governments to establish trusts
from which to fund post -employment health and life insurance benefits for public
employees, with participation by cities on a strictly voluntary basis, in recognition that
cities have differing local needs and circumstances. Cities should also retain the ability to
determine the level of post -employment benefits to be provided to employees.
1-S Health Care Insurance Programs
Metro Cities supports legislative efforts to control health qs. ¢ i ce costs but opposes
actions that undermine local flexibility to manage ris' insura a costs. Metro Cities
of the rising costs of he care and th- : pacts on cityemployers
encourages a full examinationg
and employees. to . Metro Cities also supports a stud:: + f the: '` cal impacts to both cities and
p Y pp p
retirees of pooling retirees separately from active ces.
1-T State Budget Stability
Metro Cities strongly supports a
and adequacy in the system, r
term balance of state revenue
reserve minimum that is
system and a cash flo
term borrowing to
venu a ystem that provides for stability, flexibility
volatt of state revenues and improves the long-
res. Metro Cities supports a statutory budget
manage risks and fluctuations in the state's tax
of sufficient size so that the state can avoid short
ow flctuations.
Metro Cities also suppo urination of the property tax system and the relationships
F�=w ,
between state and local to k �� • s, with an emphasis on state budget cuts and effects on
propertytaxes. State budget • eficits must be balanced with statewide sources and must not
further reduce funding for property tax relief programs and aids to local governments that result
in local governments bearing more responsibility for the costs of services that belong to the state.
1-U Taxation of Electronic Commerce
Metro Cities supports efforts to develop a streamlined sales and use tax system to simplify
sales and use tax collection and administration by retailers and states. Metro Cities
supports policies that encourage remote retailers to collect and remit state sales taxes in
states that are complying with the Streamlined Sales and Use Tax Agreement.
Metro Cities opposes legislation that allows accommodation intermediaries such as online
travel companies a tax exemption that terminates obligations to pay hotel taxes to state and
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local governments, or otherwise restricts legal actions by states and localities. The
Legislature in 2011 clarified that these services are subject to state sales tax. Metro Cities
supports statutory changes to further clarify that all lodging taxes, whether administered
by the state or locally, apply to total charges, including charges for services provided by
accommodation intermediaries.
1-V Payments for Services to Tax Exempt Property
Metro Cities supports city authority to collect payments from tax exempt property owners
to cover the costs of services to those entities, similar to statutory authority for special
assessments. Metro Cities opposes legislation that would exempt nonprofit entities from
paying user fees and service charges.
1-W Proceeds from Tax Forfeited Property
Metro Cities supports changes to state laws governin
properties. Currently, counties can recover administr
other allocations are made and the law allows for t a ou
assessment costs once administrative costs are alloca
very low allocation, and usually insufficient e
assessments, unpaid taxes and fees to cities.
can have implications for local land use plans
significant fiscal impacts on local co itie
repayment of unpaid utility charg orbs ding
Metro Cities supports statutor
assessments, utility cha
distribution of procee
he proe for tax forfeited
e costs relat y # a property before
nt :a recoup a percentage of
e result is often no allocation or a
el of proe gds available for covering special
cesse dressing tax -forfeited properties
nts and can result in unexpected and
current process also does not require the
d development fees.
ges A9 alance repayment of unpaid taxes and
fees and that more equitably allocates the
nt es and cities.
1-X Vehicle Title a tratron System (VTRS)
Issues associated with the rollout of the state MN Licensing and Registration System
(MNLARS) have caused significant unanticipated and ongoing disruptions to services provided
by local deputy registrars. Some registrar offices have relied on other local revenues, such as the
property tax, to manage normal expenses due to unresolved glitches in the system and a shift
from the state to the local level for additional processing time. These challenges have also
created a high potential for negative public perceptions on local government services, on an issue
over which local governments have no ability to control.
In 2019, state officials elected to replace the MNLARS system with the Vehicle Title and
Registration System (VTRS). As transition to the new system occurs, Metro Cities continues
to support state funding to compensate local deputy registrars for any unanticipated costs
associated with implementation and the shifting of per -transaction processing burdens that
may result from the implementation of VTRS.
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As the state works to identify efficiencies in the vehicle registration process and system, policy
makers must consider the effects of changes on the financial viability of deputy registrars
resulting from decreases in transaction fees collected by local registrars.
Metro Cities supports a consideration of increases to existing transaction fee levels that are
set by state law, to ensure that local deputy registrars can sufficiently function and meet
continually evolving local registrar service needs.
1-Y Special Assessments
When property owners challenge special assessments based on application of the special benefit
test, some courts have interpreted "benefits received" to mean the one-year increase in property
value that is directly attributable to a construction project. There is urrently no consistency
between state laws and rulings by some courts on the term "ben-. received". Metro Cities
supports modifications to state laws governing special ass ` ents for construction
projects or other improvements arising from legislativetho to clarify the definition of
"benefits received". The modified definition should m closely a ° with how special
calculated,and recognizes that the be pry it of he
assessments are impro g ��p � ent to a property may
be realized over time and not within one year.
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2-A Mandates, Zoning & Local Authority
To serve their local citizens and communities, city officials must have sufficient local control
and decision -making authority. Metro Cities supports local decision -making authority and
opposes statutory changes that erode local authority and decision making.
Minn. Stat. § 462.357, subd. 1, provide cities authority to regulate and set local ordinances for
zoning. Metro Cities supports existing state laws that provide for this authority.
Metro Cities supports statutory changes that give local officials greater authority to
approve or denyvariances to allow flexibility in responding t i : ` pp tY e needs of the community.
Metro Cities also supports the removal of statutorybarrie o uniform zoningordinance
pp
amendment processes for all cities, regardless of city si las cation.
Metro Cities opposes the imposition of legislative
a corresponding state appropriation or funding,
increase property taxes and impede cities' ability to
To allow for greater collaboration and fiexib
encourages the removal of barriers to coordin
or entities.
2-B City Enterprise Activi
Creation of an enterpri
financial and manage
provide and control ser
dates that in ase local costs without
cha . Unfunded mandates potentially
ditional service needs.
vidi local services, Metro Cities
e - cities and other units of government
a city to provide a desired service while maintaining
he s should refrain from infringing on this ability to
enefit of community residents.
Metro Cities supports citieing authority to establish city enterprise operations in
response to community needs, local preferences or state mandates, or that help ensure
residents' quality of life.
2-C Firearms on City Property
Cities should be allowed to prohibit handguns and other weapons in city -owned buildings,
facilities and parks and to determine whether to allow permit -holders to bring guns into
municipal buildings, liquor stores, city council chambers and city sponsored youth activities. It is
not Metro Cities' intention for cities to have the authority to prohibit legal weapons in parking
lots, on city streets, city sidewalks or on locally approved hunting land.
Metro Cities supports local control to allow or prohibit handguns and other weapons on
city -owned property.
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2-D 911 Telephone Tax
Public safety answering points (PSAPs) must be able to continue to rely on state 911 revenues to
pay for upgrades and modifications to local 911 systems, maintenance and operational support
and dispatcher training.
Metro Cities supports state funding for technology and training necessary to provide the
number and location of wireless and voice over internet protocol (VoIP) calls to 911 on
computer screens and transmit that data to police, fire and first responders.
2-E 800 MHz Radio System
Metro Cities urges the Legislature to provide cities with the financial means to obtain required
infrastructure and subscriber equipment (portable and mobile ra . F' o as well as provide funding
for operating costs, since the prime purpose of this system is F . ow public safety agencies and
other units of government the ability to communicate effec
Metro Cities supports the work of the Metropolit mer } ency S -ei ' ces Board (previously
the Metropolitan Radio Board)in implementing d rn ainingthe 800 MHz radio
p p g :..
m as longas cities are not forced to modifyt ` rrent systems or become a part of
system, ..� y
the 800 MHz Radio System unless they so ose.
2-F Building Codes
Thousands of new housing uni e co _ cted; ually in the metropolitan area.
Metro Cities supports a
with proportional dis
Metro Cities furthe
appropriate uses for
construction techniques,
development of performan
stribution of fees from the Construction Code Fund,
the area of enforcement where fees were received.
is by the state, cities and builders to collectively identify
ding education, analysis of new materials and
g code updating, building inspector training, and
andards and identification of construction "best practices."
Metro Cities supports including the International Green Construction Code as an optional
appendix to the State Building Code to allow cities to utilize appropriate parts of those
guidelines in their communities. Metro Cities also supports adopting the international
energy conservation code to the state building code without amendments. Metro Cities does
not support legislative solutions that fail to recognize the interrelationships among builders,
state building codes and cities. Metro Cities supports efforts to increase awareness of the
potential impacts and benefits of requiring sprinklers in new homes and townhouses and
supports discussion and the dissemination of information on these impacts via the code
adoption process through the Department of Labor and Industry.
2-G Administrative Fines
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Traditional methods of citation, enforcement and prosecution have met with increasing costs to
local units of government. The use of administrative fines is a tool to moderate those costs.
Metro Cities supports the administrative fine authority that allows cities to issue
administrative fines for defined local traffic offenses and supports further modifications to
enhance functionality of this authority. Metro Cities continues to support cities' authority
to use administrative fines for regulatory ordinances such as building codes, zoning codes,
health codes, and public safety and nuisance ordinances.
Metro Cities supports the use of city administrative fines, at a minimum, for regulatory
matters that are not duplicative of misdemeanor or higher -level state traffic and criminal
offenses. Metro Cities also endorses a fair hearing process before a disinterested third party.
2-H Residential Programs
Sufficient funding and oversight is needed to ensure that resi
have appropriate care and supervision and that neighborhoo
impacted by high concentrations of residential program
have discouraged the concentration of residential gr om
reinforce institutional quality settings.
Under current law, operators of certain resi
when they intend to purchase single-family h
authority to regulate the locations of residenti
high concentrations of these facility - _ iden
service deliveries surrounding the ;e facil es wh
Municipalities recognize and s
also have an interest in preserving
residential neighborhoo
Providers applying to
applying for licensure to
process. Licensing agencie
to be operated as residential pry
ar
istorical
s so as no
living in residential programs
t disproportionately
ederal and state laws
,o promote areas that
are not required to notify cities
rpose. Cities do not have the
a:: ities have reasonable concerns about
neighborhoods, and additional traffic and
they are grouped closely together.
esidential programs provide. However, cities
ce between residential programs and other uses in
tial programs should be required to notify the city when
d of local ordinance requirements as a part of the application
d be required to notify the city of properties receiving licensure
grams.
Metro Cities supports changes to Minn. Stat. § 245A.11, subd. 4, to allow for appropriate
non -concentration standards for all types of cities to prevent clustering. Metro Cities
supports statutory modifications to require licensed agencies and licensed providers that
operate residential programs to notify the city of properties being operated as residential
programs. Metro Cities also supports the establishment of appropriate non- concentration
standards for residential programs, to prevent clustering, and supports enforcement of
these rules by the appropriate county agencies.
2-1 Annexation
Attempts have been made in recent years to reduce tensions between cities and townships in
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General Government
annexations, A Municipal Boundary Adjustment Task Force worked to develop
recommendations regarding best practices annexation training for city and township officials to
better communicate and jointly plan potential annexations. While the task force defined
differences between cities and townships, no significant advancements were made in creating
best practices.
Metro Cities supports continued legislative efforts to develop recommendations regarding
best practices and annexation training for city and township officials to better
communicate and plan for potential annexations. Further, Metro Cities supports
substantive changes to the state's annexation laws that will lead to better land use planning,
energy conservation, greater environmental protection, fairer tax bases, clarification of fee
reimbursement and fewer conflicts between townships and cities. Metro Cities also
supports technical annexation changes that are agreed to by cities and townships.
2 J Statewide Funding Sources for Local Issues
Many issues including, but not limited to, a metropolit
emerald ash borer management, and the cleanup of s
significant local costs, and have effects that reach b
Metro Cities supports the availability of s Fde fu
that have regional or statewide significant
Metro Cities opposes any required_ f ena
in exchange for access to these
2-K Urban Forest
Urban forests are an
disease, drought, storm
controlling these issues ca
of Natural Resources, throug
Department of Agriculture, through its Shade Tree and Invasive Species program, have
regulatory authority to direct tree sanitation and control programs. Although these programs
allow for addressing some tree disease, pest, and other problems, funding has been inadequate to
meet the need of cities to build capacity for tree programs and respond to catastrophic problems.
Regional Impact
ea groun ter monitoring network,
-wa er retentm i ponds, come with
icipal boundaries.
g sources to address local issues
use y state or regional actions.
ordinances more restrictive than state law
frastructure component. Dutch elm disease, oak wilt
d ash borer threaten public investments in trees and
tly consequential for city budgets. The Minnesota Department
s Urban and Community Forestry program, and the Minnesota
Cities share the goal of the state's Re -leaf Program —promoting and funding the inventory,
planning, planting, maintenance, and improvement of trees in cities throughout the state, In
addition, economic and environmental gains for storm water management, climate change
mitigation, air quality management, tourism, recreation, and other benefits must be protected
from tree loss. A lack of timely investment in urban forests costs cities significantly more in the
long run.
Cities are facing immediate costs for the identification, removal, replacement, and treatment of
I4
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emerald ash borer (EAB) as it spreads across the state. The state has no program to assist cities in
covering those expenses.
Metro Cities supports funding for a state matching grant program to assist cities with
building capacity for urban forest management and meeting the costs of preparing for, and
responding to, catastrophic urban forest problems. Specifically, direct grants to cities are
desperately needed for the identification, removal, replacement, and treatment of trees related to
management of EAB. The state should establish an ongoing grant program with annual funding
that is usable for those activities.
2-L Regulation of Harmful Substances and Products
In metropolitan regions where most cities share boundaries with ot er cities, local bans of
harmful drugs and substances such as synthetic drugs, which ha a . een found to be dangerous,
y g
do not eliminate access to these products unless all cities tak r ame regulatory action.
Metro Cities supports statewide regulation and pro
circumstances where there is evidence that prod
them, where there is broad local support for a b
issues have regional or statewide significance.
In addition, the Legislature should provide fd
damage water quality, sewer collection, and st
the treatment and infrastructure ma
levels, through accurate labelin
programs.
tion of pcts or substances in
pres nt a dare 9 to anyone who uses
ere corresponding regulatory
products that are known to
ewater treatment systems, not just at
, but at the consumer and manufacturing
education, and recycling and reuse
2-M Private Well �lling tri on Authority
Cities are authorized tomb ct ordi ces that disallow the placement of private wells within city
limits to ensure both wate e nd availabilityfor residents ' s dents and businesses. This authority is
important for the appropriate . nagement of local water supply conservation efforts. Municipal
water systems are financially dependent upon users to operate and maintain the system. A loss of
significant rate payers resulting from unregulated private well drilling would economically
destabilize water systems and could lead to contamination of the water supply.
Metro Cities supports current law authorizing cities to regulate and prohibit the placement
of private wells within municipal utility service boundaries and opposes any attempt to
remove or alter that authority. Metro Cities supports funding that can be used to cap
private wells.
2-N Organized Waste Collection
Cities over 1,000 in population are required by law to ensure all residents have solid waste
collection available to them. A city can meet the statutory requirement by licensing haulers to
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operate in an open collection system, authorize city employees to collect waste, or implement
organized collection through one or multiple haulers to increase efficiency, reduce truck traffic
and control costs to residents.
Metro Cities supports current laws that allow cities to work with existing haulers to achieve
the benefits of organized collection or investigate the merits of organized collection without
the pressure of a rigid timeline and requirement to pass 'an intent to organize' at the
beginning of the discussion process. Metro Cities opposes any legislation that would further
increase the cost or further complicate the process cities are required to follow to organize
waste collection or prohibit cities from implementing, expanding or using organized waste
collection. Metro Cities supports state funding to local governments to increase the
availability of material and organic recycling.
2-0 Election Administration
Citiesplay criticalmanagingensuring F ections. Anychanges made
la a role in mana in and the into � y � - �R:
to election laws should not place undue financial or ad strative . ens on local
governments. Metro Cities supports reimburserne ar: i`y th = state to dal units of
government for any costs associated with chang el ion laws.
Metro Cities supports laws to increase eft"
reduce the potential for errors and to imp a'eesg`� noting processes.
State laws that allow the filling of
specified in law, can create logi
supports changes to state law
addressing vacancies in municip,
Metro Cities furthe
ies in inistering absentee ballots, to
cies by special election on one of four days
challenges for municipalities. Metro Cities
nt flexibility for municipalities in
• Laws allowing iy e-� rso sentee voters to place their ballots in a secure tabulator,
and statutory changes to a f his for the duration of absentee voting;
• Establishing an earlier deadline for ending in -person absentee voting;
• Revising absentee ballot regulations to allow any person 18 and older to witness the
absentee process and sign the envelope as a witness; and
• Authorizing cities with health care facilities to schedule election judges to conduct
absentee voting at an earlier date in health care facilities.
2-P Utility Franchise Fees, Accountability and Cost Transparency
Minnesota cities are authorized by Minn. Stat. 216B and Minn. Stat. § 301 B.01 to require a
public utility (gas or electric) that provides services to the city or occupies the public right of
10
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way within a city to obtain a franchise. Several metro area cities have entered agreements that
require the utility to pay a fee to help offset costs of maintaining the right of way.
Cities are also adopting energy policies that use renewable energy resources to light or heat
public facilities. Policies and programs have also been instituted in cooperation with the public
utility franchisee to increase energy efficiency for all users. Cities also contract, at city expense,
with public utilities to "underground" wires. State laws also require energy companies to provide
more electric energy from renewable sources. The specific amounts vary by type of utility.
Metro Cities supports:
• State policies adopted by legislation or through rules of the Public Utility
Commission that provide cities with the authority to include city energy policies and
priorities in a franchise or similar agreement with a franchise and
• Greater accountability and transparency for city x sts associated with
underground utility and similar work performed by e • c ric u ' 'es as part of a local
project.
2-Q Water Supply
Municipal water suppliers are charged with
and work to do so with safe, reliable and cost -
established cities and for all future
The aquifers in the metropolita
coordinated regional appro to
75% of municipal water
management of the r
Metropolitan Council
population growth estima
supply needs of their communities
ems that are sustainable both for
al boundaries and therefore require a
ing for their future availability. Currently, approximately
tropolitan area comes from groundwater. With proper
ren ater supply in the region is adequate; however,
diet localized declines in aquifer availability due to
nt usage levels are maintained.
Regulation of water is complex and compartmentalized. Various agencies permit its use, plan for
its availability, regulate stormwater, treat wastewater and protect the safety of water. To ensure
that water supply remains adequate and sustainable across the region, we must understand how
much water can be sustainably drawn from the aquifers and what effect increases in re -use,
conservation and recharge can have on the sustainability and availability of both groundwater
and surface water. Many of these strategies cross agency jurisdictions and will require improved
coordination and cooperation.
Municipal water suppliers have made significant infrastructure investments in their systems
based on calculated water availability and DNR permits. Proposals to reduce the reliance on
groundwater by switching municipal water systems from groundwater to surface water supplies
will come with significant costs that could place excessive burdens on local resources.
The outcomes and benefits of rebalancing the mix of groundwater and surface water use for
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specific municipalities and the region must be identifiable before any projects are undertaken.
The sustainability of our water supply is an issue of regional and statewide significance and the
expense of any necessary projects that benefit the region should not fall on individual cities. Any
into to address water supply sustainability must also take account all water users,
including municipal water suppliers, industry, private wells, agriculture and contamination
containment.
The metropolitan region must consider the effects of groundwater use beyond the borders of the
metropolitan area on the region's groundwater availability and the cost of treating contaminants
in surface water that comes into the metropolitan area for use.
Metro Cities supports the removal of barriers to wastewater and storm water re -use,
improved inter -agency coordination, clarifying the appropriate roles of local, regional and
state governments with respect to water, streamlining and co lidating permit approval
processes and the availability of statewide resources to plan _ ;r and ensure the future
sustainability of water supply in the metropolitan area. °t ities also encourages the
Metropolitan Council, in consultation with municipalitie
to develop other strategies to improve conservation,
Metro Cities supports state funding for costs assoc
groundwater to surface water and funds to encoura
strategy to improve water sustainability a
2-R Regulation of Massage
In the absence of statewide reg
enacted local ordinances that requ F
assist law enforcement
fronting as massage
s to re --use wastewater and
ith converting water supply from
nd promote water conservation as a
d protect water quality.
herapy practitioners, many cities have
assage t erapists to obtain a local professional license to
between legitimate providers and illegitimate businesses
s.
Metro Cities supports s �w d gistration or licensure of massage therapists to aid local
law enforcement efforts in rea. Metro Cities supports cities' ability to continue to
therapy massage businesses.
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•
Policies 3-A to 3-J: Introduction
While the provision of housing is predominantly a private sector, market -driven activity, all
levels of government — federal, state, regional and local — have a role to play in facilitating the
production and preservation of affordable housing in Minnesota.
Adequate affordable housing is a significant concern for the metropolitan region and effective
approaches require participation from all levels of government, the private sector and nonprofit
groups.
3-A City Role in Housing
While local government financial resources constitute a r
of providing housing, many cities take on a significan
financial incentives and regulatory relief, participat
and supporting either local or countywide housing a
development agencies.
a ively 11 portion of the total costs
inistrative den byproviding p v ding
t and regio al housing programs
elopment authorities and community
Cities are responsible for most ground -level h sin =. Minnesota, including land use
code enforcement rental li en'n , a en the packaging of financial incentives.
planning, � g ��:� p g g
Cities are responsible for ensurin` - h any afetyof resident andth
e s t e structural soundness
and livability of the local hous f" stock 'Fou`h b lding permits and inspections. Cities
establish fee structures for resit. = ``� : g F =� x�t � � t to cover the costs of growth and
corresponding needs for •:I fry`ucture. It is the responsibility of cities to periodically
review local requirem such arn+ regulations and ordinances to ensure that they are
consistent with these
Metro Cities strongly op :. r y effort to reduce, alter or interfere with cities' authority
to carry out these function a locally determined manner.
3-B City Role in Affordable and Life Cycle Housing
Metro Cities supports housing that is affordable and appropriate for people at all stages of
life. A variety of housing opportunities are important to the economic and social well-being of
individual communities and the region. The region faces challenges in meeting the existing and
future housing needs of low and moderate -income residents. Existing housing stock is aging,
with roughly half older than 40 years old, according to the U.S. Census Bureau. Older housing
stock can be more affordable; however, it requires investments to remain viable. Private
investors have purchased subsidized and unsubsidized rental units, made improvements and
charged higher rents that have made access to previously affordable units prohibitive for low and
moderate --income residents, The Metropolitan Council has projected the region will add nearly
35,000 households between 2021 and 2030 that will need affordable housing and require a
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19
Housing & Economic Development
subsidy of $5 billion to meet the needs of households earning up to 50 percent area median
income.
Cities should work with the private and nonprofit sectors, counties, state agencies and the
Metropolitan Council to ensure the best use of new and existing tools and resources to produce
new housing and preserve existing affordable housing. Cities can facilitate the production and
preservation of affordable and life cycle housing by:
• Applying for funding from available grant and loan programs;
• Using city and county funds to support affordable housing. This can include creating a
local or regional housing trust fund to support affordable housing;
• Providing information, encouraging participation and inc-=ivizing participation in the
Section 8 Housing Choice Voucher program to landlords;
• Working with developers and residents to blend .._ ordable6 e ing into new and existing
neighborhoods, including locations with access to am F les and sery '
• Working with the state and Metropolitan Coil recognize the relationship between
housing and mobility options, including tran nd pede , n routes;
• Periodically examining local requirem
their impacts on the construction of . a able { ing;
• Considering criteria and
additional affordable housing;
• Supporting h
family size, age, mob and abil levels;
• Supporting housing
abilities at multiple stages of l'e;
nd review processes to determine
change its fee structure in support of
eet a city's current and future demographics, including
that is flexible, accessible and usable for residents with varied
• Supporting housing with supportive services for people with disabilities;
• Employing innovative strategies to advance affordable housing needs such as public -
private partnerships or creative packaging of regulatory relief and incentives;
• Using available regulatory mechanisms to shape housing communities;
• Recognizing the inventory of subsidized and unsubsidized (naturally occurring)
affordable housing; and
• Working collaboratively with buyers and sellers of naturally occurring affordable housing
to retain affordability.
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3-C inclusionary Housing
While Metro Cities believes there are cost savings to be achieved through regulatory reform,
density bonuses as determined by local communities, and fee waivers, Metro Cities does not
believe a mandatory inclusionary housing approach can achieve desired levels of affordability
solely through these steps. Several cities have established local inclusionary housing policies, in
some cases requiring the creation of affordable units if the housing development uses public
financial assistance or connecting the policy to zoning and land use changes. The Metropolitan
Council, in distributing the regional allocation of housing need, must recognize both the
opportunities and financial limitations of cities. The Council should partner with cities to
facilitate the creation of affordable housing through direct financial assistance and/or advocating
for additional resources through the Minnesota Housing Finance Agency.
Metro Cities supports the location of affordable housing in re_s ential and mixed -use
neighborhoods throughout a city. Metro Cities supports a c` "' s authorityto enact its own
g g � pp
inclusionary housing policy. However, Metro Cities does r. port passage of a
ments that would
mandatory inclusionary housing state law imposed on
require a certain percentage of units in all new hou
households at specific income levels.
3-D Metropolitan Council Role in
The Metropolitan Council is statutorily requir
Land Use Planning Act (LUPA). T 'A re
and programs to meet their local
moderate -income housing. The
guidelines and procedures to assi govern
of the LUPA.
g develop s to be affordable to
es with meeting the provisions of the
es cities to adopt sufficient standards, plans
's overall projected need for low and
ilities include the preparation and adoption of
ent units with accomplishing the requirements
The Metropolitan Cou;'1 also offpi programs and initiatives to create affordable housing
opportunities, including ivabk Communities Act programs and operation of a metropolitan
housing and redevelopmen a ity.
Unlike parks, transit and wastewater, housing is not a statutory regional system. The
Metropolitan Council's role, responsibilities and authority are more limited in scope, centered on
assisting local governments by identifying the allocation of need for affordable housing,
projecting regional growth and identifying available tools, resources, technical assistance and
methods that cities can use to create and promote affordable housing opportunities in their
communities.
The Metropolitan Council should work in partnership with local governments to ensure that the
range of housing needs for people at various life -cycle and incomes can be met. Metro Cities
opposes the elevation of housing to "Regional System" status. Metro Cities supports
removing the Metropolitan Council's review and comment authority connected to housing
revenue bonds under Minn. Stat. §462C.04.
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Housing & Economic Development
In 2014, the Metropolitan Council released a housing policy plan, the first of its kind in nearly 30
years. A housing policy plan should include defined local, regional and state roles for the
provision of housing in all sectors, identify the availability of and need for tools and resources
for affordable and lifecycle housing, be explicit in supporting partnerships for the advocacy for
state and federal resources for housing, and encompass policies, best practices and technical
guidance for all types of housing. A plan should also recognize the diversity in local needs,
characteristics and resources.
Metro Cities supports strategies such as regional and sub -regional cooperation and the
sharing of best practices among local governments and other entities and partners to
address the region's affordable housing needs.
A policy plan should allow for ongoing research and analysis by the Metropolitan Council to
provide communities with timely and updated information on reg al and local housing needs
and market trends as regional and local needs change and evol etro Cities supports the
solicitation and use of local data, inputsanalysesan and + overnments' review of
��.
such data.
Metro Cities supports continued city representa in a update + irr new regional
housing policy plan.
3-E Allocation of Affordable Housi
The affordable housing need alloca
affordable housing units for the
city its fair share through an of
cities to guide sufficient land to ac
need. Metro Cities sup
meeting cities' shar
thod'gy determines the number of needed
n rep. and distributes the need by assigning each
d number. Minn. Stat. § 473.859 requires
odate oval shares of the region's affordable housing
Metropolitan Council resources to assist cities in
s a fordable housing needs.
Metro Cities supports h reat' of a variety of housing opportunities. However, the
provision of affordable an,= le housingis a shared responsibility between the private sector
p Y
andgovernment at all levels,i �� eluding the federalgovernment, state government and
g
Metropolitan Council. Land economics, construction costs and infrastructure needs create
barriers to the creation of affordable housing that cities cannot overcome without assistance.
Therefore, Metro Cities supports a Metropolitan Council affordable housing policy and
allocation of need methodology that recognizes the following tenets:
• Regional housing policies characterize individual city and sub -regional housing
numbers as a range of needs in the community;
• Cities need significant financial assistance from the federal and state government, as
well as the Metropolitan Council, to make progress toward creating additional affordable
housing and preserving existing affordable housing;
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Housing & Economic Development
• Metropolitan Council planning and policies must be more closely aligned to help
ensure that resources for transportation and transit are available to assist communities in
addressing their local share of the regional affordable housing need and to ensure that all
populations have adequate mobility to reach jobs, education and other destinations
regardless of where they live;
• The Metropolitan Council will not hold cities responsible if a city does not meet its
affordable housing need number. However, efforts to produce affordable housing may be
considered when awarding grants;
• The Metropolitan Council, with input by local government representatives, should
examine the allocation of need methodology with respect to the relationship between the
regional allocation and the local share of the need. The formula should also be routinely
evaluated to determine if market conditions have changed or; nderlying conditions
should prompt readjustment of the formula;
• The Council should use a methodology that in
individual cities and not limited to census driven o
olicy driven
+b porate eta accumulated by
owth projections;
• The formula should be adjusted to better re `• e balance and breadth of existing
subsidized and naturally occurring afford e house e P tocks; and
• The Council should work with local ` ve through an appeals process in
order to resolve any local issues a �. �: cern th respect to the need allocations.
3-F Housing Performan
The Metropolitan Cou
determined using an
Performance Scores w
the Council's Livable Co
cities' Housing Performance
's housing performance score annually. Scores are
ey a well as Council data. The Council uses city Housing
e Regional Solicitation for federal transportation points and
grant programs. Cities may review their own as well as other
res periodically to gauge recent activity on affordable housing
preservation and new construction.
Metro Cities supports Housing Performance Score criteria that recognize varying local
resource capacities, tools, programs and policies to support housing production and the
market nature of housing development, and that do not limit cities to a prescriptive list of
tools and policies. The criteria for determining the score should adequately recognize the current
tools, policies and resources employed by local governments.
Metro Cities supports a process for local governments to review, comment on and appeal
preliminary Housing Performance Scores as well as provide additional information to be
used in calculating the scores.
Metro Cities supports a consistent schedule for sending the annual housing production
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Housing & Economic Development
survey to cities.
In considering Housing Performance Score uses and criteria:
• The Council should engage in a periodic review of the formula;
• Any proposed new or expanded uses or programs in which the Housing Performance
Scores would be used should be reviewed by local officials; and
• The Council should recognize market factors such as downward economic cycles when
setting timelines and look -backs in calculating recent affordable housing production.
3 .G State Role in Housing.
The state must be an active participant in providingfunding�' F `_ using, including direct
p p
`andinitiatives to assist local ■-03 ern s and developers to support
funding, financial incentives p pp
affordable housingand housingappropriate for people . 1 stages o ` e. State funding is a
pp
' ' n o h� sin ■ : Current r: = i urce levels are
major and necessary component for the provision
insufficient to meet the spectrum of needs in the met o's r region and across the state.
p g
Primarily through programs administered b r 1nneso ®_ ousing Finance Agency (MHFA),
the state establishes the general direction and ousing issues, and financially
supports a varietyof housing, including transi a ou_ 4gig, privately and publicly owned
pp g
pp
housing, supportive housing, senio s. F g, w force housing and family housing.
Minnesota's low-income rental tassific'on, commonly known as class 4d, allows
landlords to certifyqualifying l fe ' rtA The state must continue to be an
�l Y g nc v� � � . ;a � property.
active n
partner in addressig i. - c 8 nd affordable housingneeds.
Y
Workforce housing enerally s F ed housing that supports economic development and job
growth and is afforda s s the loc workforce. A statewide program, administered through the
Minnesota blousing Fina a Y' ge , supports workforce homeownership efforts in the
area. State poll nd fundingshould recognize that affordable housingoptions
metropolitanp g p
that are accessible to jobs and meet the needs of a city's workforce are important to the economic
competitiveness of cities and the metro region. In addition, significant housing related racial
disparities persist in Minnesota, especially as it relates to the percentage of households of color
who pay more than 30 percent of their income in housing costs, and as it relates to the significant
disparity gap in homeownership rates.
Metro Cities supports:
• Increased, sustainable and adequate state funding for new and existing programs
that support life cycle, workforce and affordable housing, address homeownership
disparities, address foreclosure mitigation, address housing for families with children, and
support senior, transitional and emergency housing for the metro region;
• A state match for local and regional housing trust fund investments and local
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policies in support of affordable housing. State funds should be issued on a timeline that
works with a city's budget process;
• Private sector funding for workforce housing;
• Housing programs that assist housing development, preservation and maintenance
of existing housing stock, including unsubsidized, naturally occurring affordable housing
that is affordable to residents throughout the low -to -moderate income range;
• State funded housing programs, including rental assistance, to help with rent
affordability;
• Housing programs designed to develop market rate housing in census blocks with
emerging or high concentrations of poverty, where the privat arket might not otherwise
invest, as a means of creating mixed -income communities an reconciling affordable
housing with community development goals;
• Continuing the policy of using the Minneso °using Fina Agency's investment
earnings for housing programs;
City input into state legislation and �. minist e policies regarding distribution of
tax credits and tax-exempt bonding;
• Exemptions from, or redu
development and production o
to sa use and transaction taxes applied to the
le ho •ng;
• Consideration of the useappropriations ate bon s roceeds and other a riations for land
����x=; .
p
banking, land trusts, a 'li , on and construction of affordable housing;
• Programs th ` ip avoids reclosures, improve homeownership rates and reduce
racial disparities throw p Yome� nership assistance programs and counseling services,
includingpre-purchasing clingto improve financial wellness and inform homeowners
p p g p
and potential homeowners o their rights, options and costs associated with owninga home;
g � p
• A city's ability to enact tenant protections to support access to affordable housing
and housing stability for tenants;
• Exploring best practices toward increased housing affordability for residents,
housing maintenance standards and providing quality housing for residents. Cities should
work with rental housing owners and operators when establishing best practices;
• Preserving the state 4d low-income property tax program which provides a
property tax benefit to qualifying low-income rental properties. Metro Cities supports
evaluating the 4d low-income property tax program to determine how program changes
could affect renters, landlords and property taxpayers. Studies should include
participation and input from metropolitan local government representatives;
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Housing & Economic Development
• An affordable housing tax credit to help spur construction and secure additional
private investment. This incentive could be used in conjunction with city, regional, or other
state incentives; and
• Maintaining existing municipal authority to establish a housing improvement area
(HIA). If the Legislature grants multi -jurisdictional entities the authority to create HIAs,
creation of an HIA must require municipal approval.
3-H Federal Role in Affordable and Workforce Housing
Federal funding plays a critical role in aiding states and local governments in their efforts to
maintain and increase affordable and workforce housing. Providin working families access to
housing is an important piece to the economic vitality of the re
Metro Cities encourages the federal government to maint i nd ease current levels of
in for affordable and workforce housing. Federal 'vestment i' ordable and workforce
funding g
housingwill maintain and increase the supply of aff® ' ble . d life cy =� housing as well as
pp Y .
make housingmore affordable through rental assis - :- p �3 ams such as the Section 8 housing
g
choice voucher program.
In July 2015, the U.S. Department of Housin
rule on affirmatively furthering fair housing
receive HUD funding with clear g Ya to
of 1968 to promote and reduce o iers t air ho
provided new guidance to corn
Opportunity Zones is a
Cuts and Jobs Act o
communities nationwi
to re -invest their unreali
into Opportunity Zones as
United States. The tax incentive is available for up to ten years.
elopment (HUD) released a final
n aim to provide communities that
their obligation under the Fair Housing Act
ng and equal opportunity. HUD has since
ule.
opm.ent program established by Congress in the Tax
age ng-term investments in low-income urban and rural
g
tunity Zones program provides a tax incentive for investors
ains into Opportunity Funds that are dedicated to investing
kited by the chief executives of every state and territory in the
As the chief executive of the state of Minnesota, Governor Mark Dayton designated 128 census
tracts across the state as Opportunity Zones, but beyond the responsibility for this designation the
state does not have an additional role in the implementation of the Act. As the United States
Treasury Department has yet to release rules for Opportunity Zones, there are many unknowns
about the effects the Act will have on communities. It is anticipated that the Act may be a useful
tool in spurring development in low-income communities and could help with business
development and jobs. There are also questions about what impact the Act will have on the
residents that live and businesses that operate in these communities today. For example, while
development may have positive impacts such as increasing tax base or job opportunities, robust
development could have unintended consequences such as displacement of current residents and
businesses.
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Metro Cities urges the federal government to seek regular input from communities, especially
from individuals and businesses within Opportunity Zones, regarding how the tool is being used,
whether the tool is encouraging new development opportunities, and how community members
who live in the Zones are impacted. The Federal Government should seek input from local
communities throughout the implementation of the rules and regulations and consider necessary
amendments and adjustments as needed in response to potential questions or concerns raised by
the communities whose residents, workers, and businesses will be experiencing the changes that
ensue in the Zones.
The State of Minnesota should utilize community development resources to stimulate investment
in Opportunity Zones and adopt policies that ensure that local residents, workers and businesses
benefit from the investments.
Metro Cities supports:
• Preserving and increasing funding for the Comm. , . evelopment Block Grant
Program (CDBG) and the federal HOME program t re caasts for creating and
preserving affordable housing;
• Preserving and increasing resources and
housing throughout the Metro Area;
.s to sustain existing public
• Maintainingthe federal tax credit , r . E spur construction and secure
p ��.. p p
additional private investment, inch a ma f the four percent Low Income Housing Tax.
Credit a fixed rate as was done h t - ine � cent credit in 2015;
• Creating and implemen oreT amlined procedural method for local units of
d ss federal funding and services dealing with grants,
government to part�c�pH� =� .ter .�,
loans and tax incent' ro r o r anomie and communitydevelopment efforts;
p g f ep
• Additional reso
st communities to meet obligations to reduce barriers to
and promote fair housin ual opportunity;
pp ty3
• Maintaining and increasing resources to Section 8 funding and to support incentives
for rental property owners to participate in the program; and
• Federal funding to provide short-term assistance for HRAs to facilitate the sale of
tax- exempt bonds.
3-1 Vacant, Boarded, and Foreclosed Properties and Properties at Risk
Abandoned residential and commercial properties can harm communities when vacant buildings
result in reduced property values and increased crime. The additional public safety and code
enforcement costs of managing vacant properties are a financial strain on cities.
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Housing & Economic Development
Metro Cities supports solutions to vacant and boarded properties that recognize:
• Prevention is more cost effective than a cure;
• The causes of this problem are many and varied, thus the solutions must be as well;
and
• It is not simply a "city" problem so cities must not be expected to bear the bulk of
the burden of mitigation.
Further, Metro Cities supports:
• Registration of vacant and boarded properties;
• Allowing cities to acquire vacant and boarded pro �3G es before deterioration and
vandalism result in unsalvageable structures, including ? i sy g financial tools such as
increasing eminent domain flexibility;
• Improving the ability of cities to recoup t incrd public safety, management,
and enforcement costs related to vacant propertie
• Improvement of the redemption p
strengthen the ability of homeowners to ret
time a property is vacant;
• Expedition of the tax
• Increasing fina
increment financin
• Year-round not
service.
increased notification to renters,
perties, and reduce the amount of
ighborhood recovery efforts, including tax
utility companies of properties not receiving utility
3-J Housing Ordinance Enforcement
A Minnesota State Supreme Court ruling, Morris v. Sax, stated that provisions of the city of
Morris' rental housing code were invalid because there were subjects dealt with under the state
building code and the city was attempting to regulate these areas "differently from the state
building code."
Minn. Stat. § 326B.121, subd. 1 states: "The State Building Code is the standard that applies
statewide for the construction, reconstruction, alteration, repair, and use of buildings and other
structures of the type governed by the code, The State Building Code supersedes the building
code of any municipality." Subd, 2 states: "A municipality must not by ordinance, or through
development agreement, require building code provisions regulating components or systems of
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any structure that are different from any provision of the State Building Code. This subdivision
does not prohibit a municipality from enacting or enforcing an ordinance requiring existing
components or systems of any structure to be maintained in a safe and sanitary condition or in
good repair, but not exceeding the standards under which the structure was built, reconstructed,
or altered, or the component or system was installed, unless specific retroactive provisions for
existing buildings have been adopted as part of the State Building Code. A municipality may,
with the approval of the state building official, adopt an ordinance that is more restrictive than
the State Building Code where geological conditions warrant a more restrictive ordinance. A
municipality may appeal the disapproval of a more restrictive ordinance to the commissioner."
Metro Cities supports the ability of cities to enforce all housing codes passed by a local
municipality to maintain its housing stock.
3-K Economic Development, Redevelopment and
The economic viability of the metro area is enhanced by a
tools that create infrastructure, revitalize previously devv
business development, support technological advanc - su
disparities in economic development and workforcvel
state to champion development and redevelopment b
he stat
assure competitiveness in a global marketpl
between housing and economic development
mutually exclusive — some projects re . uire a b
should recognize cities as the prim of g
economic development, redevel ent o icies
pp...
3-K (1) Economic[
For purposes of this
contain direct business
support with the goal of su
classification, or to nurture n
kforce Readiness
ad f of economic development
:�a
ped prop provide incentives for
rt a train ^ orkforce, and address
ent. It should be the goal of the
ding enough sustainable funding to
uld recognize the relationship
c de opment and redevelopment are not
counts. The State of Minnesota
rnment responsible for the implementation of
land use controls.
is development is defined as a form of development that can
restructure development, technical assistance and policy
job creation, job retention, appropriate state regulation or
or retain existing industry in the state. The measure of return on
investment of public business subsidies should include the impact (positive or negative) of "spin-
off development" or business development that is ancillary and supportive of the primary
business.
A strength of the regional economy has been its economic diversity. Multiple industry clusters
and sectors employ a specialized, trained workforce and support entrepreneurs in developing
new businesses. Partnerships and collaborations among the state and local levels of government,
higher education and industry should continue to develop, to commercialize new technologies
and to support efforts to enhance the economic vitality of the region.
While cities are the primary unit of local government responsible for the implementation of
economic development, counties have an interest in supporting local economic development
efforts. Any creation of a county CDA, EDA or HRA with economic development powers
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should follow Minn. Stat. § 469.1082 that requires a city to adopt a resolution electing to
participate. Cities can work with the public and private sectors to support the region's economic
growth by reducing barriers to economic participation by people of color.
Metro Cities supports state funded programs that support new and expanding businesses,
infrastructure development and public -private partnerships. This includes the Minnesota
Investment Fund, Job Creation Fund and Angel Tax Credit. Programs using statewide funding
should strive to award funds balanced between the metro region and greater Minnesota. Metro
Cities supports competitive funding for statewide grant programs such as the Minnesota
Investment Fund (MIF) as opposed to direct legislative appropriations for projects from
these funds. Metro Cities supports a percentage of MIF loan repayments to cities. The state
should provide administrative support and technical assistance to cities that administer these
programs. Applications for state MIF funds should allow a city to indicate support for a MIF
grant or a loan.
Metro Cities supports economic tools that facilitate job
the property tax base; green job development and rel
entrepreneurship; programs to support minority b
financing tools including a state new markets to
program; tools to attract and retain data centers xa
existing municipal authority to establish a s s ecial se
supports further study of allowing mixed- din
residential uses to be included in an SSD.
3-K (2) Redevelopment
Redevelopment involves the deve
redevelopment is to fac
field between greenf
to locate on land that
Vehicle Miles Traveled
(including public transit), a
other public goods that result
development is encouraged.
a�
and bro
already b
Ts),
without relying solely on
inno
. on and
ess start-usmall business
gram m rored on the federal
r IT facilities; and maintaining
e district (SSD). Metro Cities
t have both commercial and
ent of land that requires "predevelopment." The goal of
ment of "pre -used" land, thereby leveling the playing
tes so that a private sector entity can rationally choose
n used. The benefits of redevelopment include a decrease in
re efficient use of new or existing public infrastructure
ated city costs due to public safety and code enforcement, and
hen land is reused rather than abandoned and compact
Metro Cities supports increased funding from state and regional sources. The Metropolitan
Council's Livable Communities Act programs fund redevelopment activities that support
cleanup and tax base revitalization. Metro Cities supports allowing a maximum levy amount
for this program, as provided under law. Metro Cities supports increased and sustained
general fund and state bond funds for DEED -administered programs like the
Redevelopment Grant Program, dedicated to metropolitan area projects, innovative
Business Development Public Infrastructure grants, as well as increased, flexible and
sustained funding for the Contamination Cleanup and Investigation Grant Program.
The expansion of transit service throughout the region brings opportunity for redevelopment and
transit -oriented development (TOD). Metro Cities supports financing, regulatory tools and
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increased flexibility in the use of Tax Increment Financing (TIF) to nurture TOD. Metro
Cities supports funding Transit Improvement Areas (TIAs) and ensuring that the eligibility
criteria encourage a range of improvements and infrastructure and accommodate varying
city circumstances and needs.
Correcting and stabilizing polluted soils and former landfill sites allows cities to redevelop and
reuse properties. Metro Cities supports expansion of existing tools or development of new
funding mechanisms to correct unstable soils as well as city authority to redevelop land
previously used as landfills and dumps. If a city receives initial approval from a state
regulatory authority, a city's redevelopment project approval should be considered final.
Local governments and cities may choose to revitalize historic structures rather than construct
new buildings. Metro Cities supports extension of the sunset of the state income tax credit
and maintaining the federal tax credit for preservation of hist +p'c properties. Metro Cities
supports collection of the state refund for the historic expe ores over one
pp p � year.
Metro Cities supports state funding to allow cities an; o thei elopment authorities to
assemble small properties so that business expansi . ites will be dy for future
redevelopment.
3-K (3) Workforce Readiness
A trained workforce is important to a strong 1
interest in the availability of qualif
and future demographics, as par
public and private sectors to ad
education access, addressin
occupational gender ga
the secondary, vocat
in the Department of
employment programs.
Metro Cities supports:
to a sand state economy. Cities have an
Hers ��� building a future workforce based on current
. �
ono development efforts. Cities can work with the
e iness to include removing barriers to
arities in achievement and employment gaps, and the
role to prepare and train a qualified workforce through
e tion systems and job training and retrainingprograms
d Economic Development (DEED), including youth
• Increased funding for the Job Skills Partnership, youth employment programs and
other workforce training programs administered by the state that lead to jobs that provide
a living wage and benefits, and help address racial disparity gaps in employment;
• Innovative workforce programs and partnerships that foster workforce readiness
for a full range of jobs and careers, including skilled municipal jobs and current high
opportunity areas such as manufacturing and construction;
• Investments in programs that address the gender wage gap, including training for
women to enter nontraditional careers;
• A payroll tax credit for job training programs that invest in employees; and
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• A city's authority to tie workforce requirements to local public finance assistance.
3-L Tax Increment Financing (TIF)
Tax Increment Financing (TIF) continues to be the primary tool available for local communities
to assist economic development, redevelopment and housing. Over time, statutory changes have
made this critical tool increasingly difficult to use. At the same time, federal and state
development and redevelopment resources have been steadily shrinking. The cumulative impact
of TIF restrictions, shrinking federal and state redevelopment resources and highly restrictive
eminent domain laws constrain cities' abilities to address problem properties, which leads to an
accelerated level of decline of developed cities in the metropolitan area, Thus, the only source of
revenue available to scope accomplish the of redevelopment neces . ary is the value created by the
p
redevelopment itself, or the "increment." Without the use of thee' rement, development will
p
either not occur or is unlikely to be optimal,
Metro Cities urges the Legislature to:
• Not adopt any statutory language that w r constrain or directly or
indirectly reduce the effectiveness of TIF;
• Not adopt anystatutorylanguage t . loa county, school district or
p �..: ��.
special taxing district to opt out of a TIF dis
• Incorporate the Soils
criteria so that a Redevelopm
parcels in addition to ra
• Expand the
• Amend MN Statu
on a cumulative basis;
istri ` criteria into the Redevelopment District
comprised of blighted and contaminated
F to support a broader range of redevelopment projects;
rify that tax increment pooling limitations are calculated
• Increase the ability to pool increments from other districts to support projects;
• Continue to monitor the impacts of tax reform on TIF districts and if warranted
provide cities with additional authority to pay for possible TIF shortfalls;
• Allow for the creation of transit zones and transit -related TIF districts in order to
shape development and related improvements around transit stations but not require the
use of TIF districts to fund the construction or maintenance of the public transit line itself
unless a local community chooses to do so;
• Allow TIF eligibility expansion to innovative technological products, recognizing
that not only physical items create economic value;
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• Support changes to TIF law that will facilitate the development of "regional
projects";
• Shift TIF redevelopment policy away from a focus on "blight" and "substandard"
to "functionally obsolete" or a focus on long range planning for a particular community,
reduction in greenhouse gases or other criteria more relevant to current needs;
• Encourage DEED to do an extensive cost -benefit analysis related to redevelopment,
including an analysis of the various funding mechanisms, and an analysis of where the cost
burden falls with each of the options compared to the distribution of the benefits of the
redevelopment project;
• Support TIF for neighborhood recovery efforts in the : ke of the foreclosure crisis;
• Consider creating an inter -disciplinary TIF tea r w local exception TIF
proposals, using established criteria, and make reco '' endatio o the legislature on their
passage;
• Encourage the State Auditor to continue to toward a more efficient and
streamlined reporting process. There are 'ncreasumber of noncompliance notices
that have overturned longstanding practi i r .'ted L 3 = utorilydefined terms. The
g g�:..
Legislature has notgranted TIF rulemakinga,r or' State Auditor and the audit powers
g
granted by statute are not an approp''+ ehicl` making administrative or legislative changes
to TIF statutes. If the State Audit s to - ercise`- j lemaking authority, the administrative power
to do so must be granted explio by t = .. g' a e. The audit enforcement process does not
create a level playing field for cit `E.y aI en tithe Auditor's interpretation of statutes. The
Legislature should rova o: es ` ough which to resolve disputes over TIF olio that is
p g p policy
fair to all parties;
• Clarify the use o
a sale occurs after the closing of a district;
• Revise the substandax+ building test to simplify, resolve ambiguities and reduce
continued threat of litigation; and
• Amend TIF statutes to address, through extending districts or other mechanisms,
shortfalls related to declining market values.
3-M Eminent Domain
Significant statutory restrictions on the use of eminent domain have resulted in higher public
costs for traditional public use projects like streets, parks, and sewers, and have all but restricted
the use of eminent domain for redevelopment to cases of extreme blight or contamination.
The proper operation and long-term economic vitality of our cities is dependent on the ability of
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Housing & Economic Development
a city, its citizens and its businesses to continually reinvest and reinvent. Reinvestment and
reinvention strategies can occasionally conflict with the priorities of individual residents or
business owners. Eminent domain is a critical tool in the reinvestment and reinvention process
and without it our cities may deteriorate to unprecedented levels before the public reacts.
Metro Cities strongly encourages the Governor and Legislature to revisit eminent domain laws to
allow local governments to address redevelopment problems before those conditions become
financially impossible to address.
Specifically, Metro Cities supports:
• Clarifying contamination standards;
• Developing different standards for redevelopment to i de obsolete structures or
that currentlyexist i e metro area
to reflect the deterioration conditions ,
• Allowing for the assembly of multiple parcels
• Modifying the public purpose definition
more expediently address properties that are vac
of foreclosures, to address neighborhood s.ilizatio
• Providing for the ability to acquire
publicly funded project as an opp ty fo
for negotiation using balanced rays for
• Examining attorney fees
• Allowing for
sale contract;
• A property owner
and
edeve f anent projects;
n. Stat. 1.7 to allow cities to
andoned in areas with high levels
d recovery;
douts" who will now view a
sonal gain at taxpayer expense; i.e. allow
r relocation costs;
.it efe or attorneys representing a property owner;
s to be paid if the city and property owner agree to a
aisal to be shared with the city prior to a sale agreement;
• Appropriately balanced awards of attorney fees and costs of litigation with the
outcome of the eminent domain proceeding.
3-N Community Reinvestment
Communities across the metropolitan region have aging residential and commercial structures
that need repair and reinvestment. Reinvestment prevents neighborhoods from failing into
disrepair, revitalizes communities and protects a city' s tax base.
Metro Cities supports state programs and incentives for reinvestment in older residential
and commercial/industrial buildings, such as, but not limited to, tax credits and/or
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property tax deferrals.
Historically, the state has funded programs to promote reinvestment in communities, including
the "This Old House" program, that allowed owners of older homestead property to defer an
increase in their tax capacity resulting from repairs or improvements to the home and "This Old
Shop" for owners of older commercial/industrial property that make improvements that increase
the property's market value.
3-0 Business Incentives Policy
Without a thorough study, the Legislature should not make any substantive changes to the
Business Subsidy Act, as defined in Minn. Stat. § 116J.993, but should look to technical changes
that would streamline both state and local processes and procedure . The Legislature should
distinguish between development incentives and redevelopment vities. In addition, in order to
g p p
ensure cohesive and comprehensive regulations, the legislatu could limit regulation of
business incentives to the Business Subsidy Act.
Metro Cities supports additional legislation that ' fides ools to h p enhance and
facilitate economic development and job creatio
3-P Broadband Technology
Where many traditional economic d
availability of traditional infrastr
dependent on reliable, cost eff
voice, video, data and other servic
other platforms.
men s have focused on managing the costs and
ads, and utilities - the 21st centuryeconomy is ys
communications capabilities. This includes
ivere . over cable, telephone, fiber-optic, wireless and
The state has increase 4„t role in e anding broadband infrastructure across the state by funding
broadband access for rest is a ® usinesses. The Governor's Broadband Task Force regularly
recommends updates to sta y band speed goals and funding levels to expand statewide
broadband access. The office v f Broadband Development in the Department p of Employment and
Economic Development (DEED) supports the role of broadband in economic development. The
Office coordinates broadband mapping and administers state broadband grant funds.
Cities play a vital role in achieving significantly higher broadband speeds, Local units of
government are contributing to increasing broadband capacity and ensuring internet connectivity,
reliability, and availability. However, attempts have been made in Minnesota and other states to
restrict or stop cities from facilitating the deployment of broadband services or forming
partnerships with private sector companies to provide broadband services to unnerved or
underserved residents or businesses, Restricting municipal authority is contrary to existing state
law on electric utility service, telecommunications, and economic development. Metro Cities
opposes the adoption of state policies that further restrict a city's ability to finance,
construct or operate broadband telecommunications networks.
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Metro Cities supports:
• State policies and support programs that substantially increase speed and capacity
of broadband services statewide, including facilitating solutions at the local level. The state
should offer incentives to private sector service providers to respond to local or regional
needs and to collaborate with cities and other public entities to deploy broadband
infrastructure capable of delivering sufficient bandwidth and capacity to meet immediate
and future local needs as well as policies which seek to position Minnesota as a state of
choice for testing next -generation broadband;
• Metro eligibility for broadband funds, including increased capacity for areas with
existing levels of service;
• Municipal authority and encouragement of local gove ents to play a direct role
in providing broadband service. This includes repealing ' . Stat. § 237.19. The state
should clarify that cities have the authority to partner w' ate entities to finance
broadband infrastructure using city bonding authori
• Local authority to manage public rights-ofF _ ay, one, to collect compensation for
the use of public assets, or to work cooperatively a private sector. Cities may
exercise local authority over zoning and la Fuse dec ns for wireless service facilities;
and
• Public -private collaboratio t su p t broadband infrastructure and services at
fir.
the local and regional level, inc ng rtne ips and cooperation in providing last -mile
connections.
3-Q City Role in . e . viro - n : "rotection and Sustainable Development
` cities o or role in environmental protection, particularlyin water
Historically, cities hav . xyed a
quality. Through the cons : do Eye d operation of wastewater treatment and storm water
management systems, cities A . leader in protecting the surface water of the state. In recent
years, increased emphasis has .een placed on protecting ground water and removing
impairments from storm water. In addition, there is increased emphasis on city participation in
controlling our carbon footprint and in promoting green development.
Metro Cities supports public and private environmental protection efforts to reduce
greenhouse gas emissions and to further protect surface and ground water. Metro Cities
also supports "green" design and construction techniques to the extent that those
techniques have been thoroughly tested and are truly environmentally beneficial,
economically sustainable and represent sound building practices. Metro Cities supports
additional, feasible environmental protection with adequate funding and incentives to
comply. Metro Cities supports state funding for municipal renewable energy objectives.
Green jobs represent employment and entrepreneurial opportunities that are part of the green
economy, as defined in Minn. Stat. § 116J.43 7, including the four industry sectors of green
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products, renewable energy, green services and environmental conservation. Minnesota's green
jobs policies, strategies and investments need to lead to high quality jobs with good wages and
benefits, meeting current wage and labor laws.
3-R Impaired Waters
Metro Cities supports continued development of the metropolitan area in a manner that is
responsive to the market but is cognizant of the need to protect the water resources of the
state and metro area. Since all types of properties are required to pay storm water fees,
Metro Cities opposes entity -specific exemptions from these fees. Metro Cities supports the
goals of the Clean water Act and efforts at both the federal and state level to implement it.
Metro Cities supports continued funding of the framework est , blished to improve the
region's abilityto respond to market demands for develop and redevelopment,
including dedicated funding for surface water impairme x essments, Total Maximum
Daily Load (TMDL) development, storm water constru ion is and wastewater
construction grants.
Local units of government should not bear undue c
reports. As recent TMDL reports show, non -point agr
off pollution than urban areas at a rate of 13 ties
funding the cleanup and protection of state
must be proportional to the costs incurred and
their share of costs.
associated with completed TMDL
ral sources are producing more run
of be required as primary entities for
'0, resources. Benefits of efforts
ources must be held responsible for
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Metropolitan Agencies
•
4-A Gals and Principles for Regional Governance
The Twin Cities metropolitan region is home to a majority of the state's population and
businesses and is poised for significant growth in the next two decades. At the same time, the
region faces significant challenges and opportunities. The responses to these opportunities and
challenges will determine the future success of the region and its competitiveness in the state,
national and world economies.
The Metropolitan Council was created to manage the growth of the metropolitan region, and
cities are responsible for adhering to regional plans as they plan for local growth and service
delivery.
The region's cities are the Metropolitan Council's primary
growth being primarily managed through city cornprehe
the delivery of a wide range of public services. To fu.
Council must be accountable to and work in collab
The role of the Metropolitan Council is to se
technical assistance and incentives to achiev
best suited to provide local zoning, land use p
additional roles or responsibilities f
statutory assignments or grants o
or processes, unless such Chan
Metro Cities supports
efficient and equita
throughout the met
ec
rovisio
litan are
ncy, with regional and local
pimplementation,
ve lann o sand and
on successfu the Metropolitan
Y
ion city governments.
ad regi® b goals and to provide cities with
1s. E governments are responsible and
to ment and service delivery. Any
� y
'tan Council should be limited to specific
should not usurp or conflict with local roles
of the region's cities.
strong and vibrant region, and the effective,
f r onal infrastructure, services and planning
Metro Cities supports the y= c $pion of approved regional systems and planning that can be
provided more effectively, of iciently or equitably on a regional level than at the local level
by individual local units of government.
The Metropolitan Council must involve cities in the delivery of regional services and planning
and be responsive to local perspectives on regional issues and be required to provide
opportunities for city participation on Council advisory committees and task forces.
The Metropolitan Council must involve cities at all steps of planning, review and implementation
around the regional development guide, policy plans, systems statements, and local
comprehensive plan requirements to ensure transparency, balance and Council adherence to its
core mission and functions. These processes should allow for stakeholder input before policies
and plans are released for comment and finalized. Any additional functions for the Council
should not be undertaken unless authorized specifically by state law.
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4-B Regional Governance Structure
Metro Cities supports the appointment of Metropolitan Council members by the Governor
with four-year, staggered terms for members to stabilize ideological shifts and provide for
continuity of knowledge on the Council, which is appropriate for a long-range planning
body. The appointment of the Metropolitan Council Chair should coincide with the term of the
Governor.
Metro Cities supports a nominating committee process that maximizes participation and
input by local officials. Metro Cities supports expanding the nominating committee from
seven to 13 members, with a majority of a 13-member committee being local elected
officials. of the local officials appointed to a nominating committee, two thirds should be elected
city officials, appointed by Metro Cities.
Consideration should be given to the creation of four separate hating committees, with
committee representation from each quadrant of the region.
Metro Cities supports having the names of recomme ed nomin or other individuals
under consideration for appointment to the Coun by t � Govern to be made public at
the Gove 5 a formalpublic comment period
least 21 days prior to final selectionby
before members are appointed to the Council.
Metro Cities supports the appointment of + . ouncil members who have
demonstrated the ability to work w' , cities olla rative manner, commit to meet
with local government officials r ; an . o are responsive to the circumstances and
concerns of cities in the distri at t repr g : nt on the Council. Council members should
• and the � � � ��� 3
understand the diversity t : the region, and the long-term implications of
regional decision-making.p osition description outlining the required skills, time
commitment and under n 4 re al and local issues and concerns should be clearly
articulated and poste advance the'.11 for nominees. Metro Cities supports opportunities
for local officials top e `de input °� wring the decennial legislative redistricting process for
the Metropolitan Counc d Q ports transparency in the redistricting process.
4-C Comprehensive Analysis and Oversight of Metropolitan Council
Metro Cities supports the 2016 study of the Metropolitan Council's governance structure
conducted by the Citizens League, the recommendations of which are largely consistent
with Metro Cities' governance policies.
The metropolitan region will continue to expand while simultaneously facing significant
challenges for the effective, efficient and equitable provision of resources and infrastructure.
Metro Cities supports an objective study of the Metropolitan Council's activities and
services as well as its geographical jurisdiction to ensure that the Metropolitan Council's
services are positioned to be effective and adequate in addressing the future needs of the
region. Such work must include the participation of local officials. The Metropolitan Council
should also examine its scope of services to determine their benefit and efficiency and be open to
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alternative methods of delivery to assure that services are provided at high levels of effectiveness
for the region.
Metro Cities supports appropriate legislative oversight of the Metropolitan Council to
regularly review the Council's activities, and to provide transparency and accountability of
its functions and operations.
4-D Funding Regional Services
The Metropolitan Council should continue to fund regional services and activities through a
combination of user fees, property taxes, and state and federal grants. The Council should set
user fees through an open process that includes public notices and public hearings. User fees
should be uniform by type of user and set at a level that supports e
services based on commonly accepted industry standards and al
ensure long-term service and fee stability. Fee proceeds shou
or programs for which they are collected.
fective and efficient public
s for sufficient reserves to
used to fund regional services
Metro Cities supports the use of property taxes a , . ser ees to fun regional projects so
long as the benefit conferred on the region is pr i ° a i rtio to the fee or tax, and the fee or
tax is comparable to the benefit cities receive in re
4-E Regional Systems
Regional systems are statutorily
recreational open space. The p
authority over them is clearly ou
statutory change to alter
Systems plans prepa
and timing of regional i
Systems plans should also
consistency with regional sys = s.
trans Cation, aviation, wastewater treatment and
io �,` e 1 systems and the Metropolitan Council's
s a% . The Metropolitan Council must seek a
and the reach of any of these systems.
politan Council should be specific in terms of size, location
allow for consideration in local comprehensive planning.
tate the criteria by which local plans will be judged for
Additional regional systems should be established only if there is a compelling metropolitan
problem or concern best addressed through the designation. Common characteristics of the
existing regional systems include public ownership of the system and its components and
established regional or state funding sources. These characteristics should be present in any new
regional system that might be established. Water supply and housing do not meet necessary
established criteria for regional systems. Any proposed additional system must have an
established regional or state funding source,
4-F Regional Water Supply Planning
The Metropolitan Council is statutorily authorized to carry out regional planning activities to
address the water supply needs of the Metro Area. A Metropolitan Area Water Supply Advisory
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Metropolitan Agencies
Committee (MAWSAC) that includes state agency representatives and local officials was
concurrently established to assist the Council in developing a master water supply plan that
includes recommendations for clarifying the roles of local, regional and state governments,
streamlining and consolidating approval processes and recommending future planning and
capital investments. The Master Water Supply Plan serves as a framework for assisting and
guiding communities in their water supply planning, without usurping local decision -making
processes. Many cities also conduct their own analyses for use in water supply planning.
As the Metropolitan Council continues its assessment of the region's water supply and issues for
sustainability, it must work cooperatively with local policymakers and professional staff
throughout the region on an ongoing structured basis to ensure a base of information for water
supply decision -making that is sound, credible and verifiable, and considers local information,
data, cost -benefit analyses and projections before any policy recommendations are issued.
Metro Cities encourages the Metropolitan Council to consider
wastewater treatment, storm water management and water s
regulations and processes should be clearly stated in the st
regional monitoring and data collection benefits shoult bor
regional and local units of government.
Metro Cities supports Metropolitan Council planni
supply needs and water planning activitie
the insertion of the Metropolitan Council a
Further, while Metro Cities suppo t egion
supply issues in the metropolita e, etro
to "Regional System" status m do
management of municipal wa
Metro Cities support
participation by m
models are develope
considered.
interrelationships of
ny state and regional
Supply Plan. Further,
d expenses between the
ctivities to address regional water
crib 4 statute. Metro Cities opposes
ator in the water supply arena.
oor, ated efforts to address water
ities opposes the elevation of water supply
f Metropolitan Council control and
iructure,
isory committee to the MAWSAC that maximizes
an helps to ensure sound scientific analyses and
pertise and input, before legislative solutions are
Metro Cities supports efforts to identify capital funding sources to assist with municipal
water supply projects. Any fees or taxes for regional water supply planning activities must be
consistent with activities prescribed in Minn. Stat. § 473. 1565, and support activities specifically
within the region.
4-G Review of Local Comprehensive Plans
In advance of the next comprehensive planning cycle, the Metropolitan Council should work
with Metro Cities and local officials to address challenges and concerns identified by city
officials with the 2018 comprehensive planning process and undertake any necessary
improvements. Local officials have identified a number of concerns with the submission and
review processes for 2018 local plans including requests for information beyond what should be
necessary for the Metropolitan Council to review local plans for consistency with regional
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systems, regional requirements that evolved as local plans were prepared and finalized, and
finding plans to be incomplete or requiring detailed information on items of a local rather than
regional nature, among others.
In reviewing local comprehensive plans and plan amendments, the Metropolitan Council should:
• Recognize that its role is to review and comment, unless it is found that the local plan is
more likely than not to have a substantial impact on or contain a substantial departure from one
of the four system plans;
• Be aware of statutory time constraints imposed by the Legislature on plan amendments
and development applications;
• Provide for immediate effectuation of plan amendments t have no potential for
substantial impact on systems plans;
• Require the information needed for the Metropo1ar1 Counr complete its review, but
not prescribe additional content or format beyond tha ich is requir o y the Metropolitan
Land Use Planning Act (LUPA);
• Work in a cooperative and timely ma er towar resolution of outstanding issues.
When a citycomprehensive local com rehensive plan is 'nco atible with the Metropolitan
Council's systems plans, Metro Cities supp appeal process that includes a peer
review. Metro Cities opposes the i e e5 'tion ¢ a nctions or monetary penalties when a
city's local comprehensive pia + ee d inc3 sL with the Metropolitan Council's
p � patiblepo
systems plans or the plan fail mce . ;9� �s t £g deadline when the city has made
legitimate, good faith efforts to A; etrop + itan Council requirements;
• Work with aff f = d citie d o 4 organizations such as the Pollution Control Agency,
Department of Nature esources, epartment of Health and other stakeholders to identify
p
common ground and res F€' s between respective goals for flexible residential
-con
development and achieving_ encywith the Council's systemplans and policies; and
p Y p
• Require entities, such as private businesses, nonprofits, or local units of government,
among others, whose actions could adversely affect a comprehensive plan, to be subject to the
same qualifications and/or regulations as the city.
4-HI Comprehensive Planning Process
Metro Cities supports examining the comprehensive planning process to make sure that the
process is streamlined and efficient and avoids excessive cost burdens or duplicative or
unnecessary planning requirements by municipalities in the planning process. Metro Cities
supports resources to assist cities in meeting regional goals as part of the comprehensive
planning process, including planning grants and technical assistance.
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Metropolitan Agencies
Metro Cities supports funding and other resources from the Metropolitan Council for the
preparation of comprehensive plan updates, including grant funding. Grants and other
resources should be provided to all eligible communities through a formula that is equitable, and
recognizes varying city needs and capacities.
4-1 Comprehensive Planning Schedule
Cities are required to submit comprehensive plan updates to the Metropolitan Council every 10
years. A city's comprehensive plan represents a community's vision of how the city should grow
and develop or redevelop, ensure adequate housing, provide essential public infrastructure and
services, protect natural areas and meet other community objectives.
Metro Cities recognizes the merit of aligning comprehensive plan melines with the release of
census data. However, the comprehensive plan process is ex en , time consuming and labor
intensive for cities, and the timing for the submission of com - nsive plans should not be
altered solely to better align with census data. If sufficient id r' • ns exist for the schedule for
the next round of comprehensive plans to be changed o pedited, - s should be provided
with financial resources to assist them in preparing t ext r s and ofp ..
Metro Cities opposes cities being forced into a stat erpetual planning because of
regional and legislative actions. Should c be m to the comprehensive planning
schedule, Metro Cities' supports financial es } : A ces to assist cities in preparing
and incorporating policchanges in local fts.
Metro Cities supports a 10-ye F me fo" omprehensive plan update submissions.
mef
Metro Cities supports the Metro Y`ve a an Council's consideration to reduce requirements for
10-year Comprehensi °R da � rt or cities under 2,500.
4-J Local Zonin
Local governments are respo` ble for zoning and local officials should have full authority to
approve variances to remain flexible in response to the unique land use needs of their own
community. Local zoning decisions, and the implementation of cities' comprehensive plans,
should not be conditioned upon the approval of the Metropolitan Council or any other
governmental agency.
Metro Cities supports local authority over land use and zoning decisions and opposes the
creation of non -local appeals boards with the authority to supersede city zoning decisions.
4-K Regional Growth
The most recent regional population forecast prepared by the Metropolitan Council projects a
population of 3,738,047 people by 2040.
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Metro Cities recognizes cities' responsibility to plan for sustainable growth patterns that
integrate transportation, housing, parks, open space and economic development that will result in
a region better equipped to manage population growth, to provide a high quality of life for a
growing and increasingly diverse metropolitan area population and improved environmental
health.
In developing local comprehensive plans to fit within a regional framework, adequate state and
regional financial resources and incentives and maximum flexibility for local planning decisions
are imperative. The regional framework should assist cities in managing growth while being
responsive to the individual qualities, characteristics and needs of metropolitan cities, and should
encourage sub -regional cooperation and coordination.
In order to accommodate this growth in a manner that preserves the region's high quality of life:
a Natural resource protection will have to be balanced w' °`rowth and
development/reinvestment;
• Significant new resources will have to be prov o for d an on transpo ` '
p .�# transit; and
• New households will have to be incorporatee e core cities, first and second -ring
suburbs, and developing cities through both s: evelopmea . d redevelopment.
In order for regional and local planning to res in < f a �.- ssful implementation of regional
policies:
• The State of Minnesota �A st co z d a a itional financial resources, articular) in the
particularly
areas of transportation and transi e. F unl nvestment, affordable housing development,
and the preservation of p pace. If funding for regional infrastructure is not
adequate, cities shoul t be r si or meeting the growth forecast set forth by the
Metropolitan Counci
• The Metropolitan =� nd Legislature must work to pursue levels of state and federal
transportation fundingthat ar dequate to meet identified transportation and transit needs in the
p q p
metropolitan area;
• The Metropolitan Council must recognize the limitations of its authority and continue to
work with cities in a collaborative, incentives -based manner;
• The Metropolitan Council must recognize the various needs and capacities of its many
partners, including but not limited to cities, counties, economic development authorities and
nonprofit organizations, and its policies must be balanced and flexible in their approach;
• Metropolitan counties, adjacent counties and school districts must be brought more
thoroughly into the discussion due to the critical importance of facilities and services such as
county roads and public schools in accommodating forecasted growth; and
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Metropolitan Agencies
• Greater recognition must be given to the fact that the "true" metropolitan region extends
beyond the traditional seven -county area and the need to work collaboratively with adjacent
counties in Minnesota and Wisconsin, and the cities within those counties. The region faces
environmental, transportation, and land use issues that cannot be solved by the seven -county
metro area alone. Metro Cities supports an analysis to determine the impacts of
Metropolitan Council's growth management policies and infrastructure investments on the
growth and development of the collar counties, and the impacts of growth in the collar
counties on the metropolitan area.
Metro Cities opposes statutory or other regulatory changes that interfere with established
regional and local processes to manage growth in the metropolitan region, including
regional systems plans, systems statements, and local comprehensive plans. Such changes
erode local planning authority as well as the efficient provision of regional infrastructure,
disregard established public processes, and create different guider s for communities that may
result in financial, environmental and other impacts on surrou 3 g communities.
4-L Natural Resource Protection
Metro Cities recognizes the Metropolitan Council'
and assessment of regionally significant natural resou
additional information and technical assista _ e s
protection of natural resources. Any steps to
the protection of natural resources must reco
• The protection of natura
more than 50 percent of the sta
limited availability of reso
the numerous entities t
neither the region no
primary responsibility
• The completion of to
regional system nor is it a required component of local comprehensive plans under the
Metropolitan Land Use Planning Act;
compile and maintain an inventory
or providing local communities with
tate ' region play significant roles in the
ate _Qa Metropolitan Council regarding
.a. p g g
is sig z cant to a multi -county area that is home to
a travel destination for many more, Given the
artificia nature of the metropolitan area's borders, and
protecting the natural resources of the region and state,
rope tan communities would be well served by assuming
nd protecting these resources;
atural Resource Inventories and Assessments (NRI/A) is not a
• The protection of natural resources should be balanced with the need to accommodate
growth and development, reinvest in established communities, encourage more affordable
housing and provide transportation and transit connections; and
• Decisions about the zoning or land use designations, either within or outside a public
park, nature preserve, or other protected area are, and should remain, the responsibility of local
units of government,.
The Metropolitan Council's role with respect to climate change, as identified in the 2040
regional development guide, should be focused on the stewardship of its internal operations
(wastewater, transit) and working collaboratively with local governments to provide information,
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best practices, technical assistance and incentives around responses to climate change.
Metro Cities urges the Legislature and/or the Metropolitan Council to provide financial
assistance for the preservation of regionally significant natural resources.
4-M inflow and Infiltration (1/1)
The Metropolitan Council has identified a majority of sewered communities in the metropolitan
region to be contributing excessive inflow and infiltration (I/I) into the regional wastewater
system or to be on the threshold of contributing excessive inflow and infiltration. Inflow and
infiltration are terms for the ways that clear water (ground and storm) makes its way into sanitary
sewer pipes and gets treated, unnecessarily, at regional wastewater plants. The number of
identified communities is subject to change, depending on rain eves ts, and any city in the
metropolitan area can be affected.
The Metropolitan Council establishes a surcharge on cities er d to be contributing
unacceptable amounts of I/I into the wastewater system. e charge waived when cities meet
certain parameters through local mitigation efforts.
Metro Cities recognizes the importance of controlling
and public health impacts, because it affectsze, an
treatment systems and because excessive I/I
another. However, there is the potential for cit
ongoing efforts to mitigate excessi
Metro Cities continues to mo
of the methodology used to men
appropriately normali
community specific
cause of its potential environmental
refore the cost, of wastewater
ect development capacity of
creasingly exorbitant costs in their
program and supports continued reviews
excess I to ensure that the methodology
tion variability and the Council's work with cities on
Metro Cities supports fin .- ial assistance for metro area I/I mitigation through
future Clean Water Lega y apt appropriations or similar legislation and encourages the
Metropolitan Council to par ner in support of such appropriations. Metro Cities also
supports resources, including identified best practices, information on model ordinances,
public education and outreach, and other tools, to local governments to address
inflow/infiltration mitigation for private properties.
Metro Cities recognizes the recommendations of a 2016 Inflow/Infiltration Task Force that
support considering the use of a portion of the regional wastewater charge for private property
inflow/infiltration mitigation. Any proposal to utilize the wastewater fee for this purpose must
include the opportunity for local officials to review and comment on specific proposals.
Metro Cities supports continued state capital assistance to provide grants to metro area
cities for mitigating inflow and infiltration problems into municipal wastewater collection
systems.
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Metropolitan Agencies
4-N Sewer Availability Charge (SAC)
Metro Cities supports a SAC program that emphasizes equity, transparency, simplification
and lower rates.
Metro Cities supports principles for SAC that include program transparency and
simplicity, equity for all served communities and between current and future users,
support for cities' sewer fee capacities, administrative reasonableness, and weighing any
program uses for specific goals with the impacts to the program's equity, transparency and
simplicity. As such, Metro Cities opposes the use of the SAC mechanism to subsidize and/or
incept specific Metropolitan Council goals and objectives. Input from local officials should be
sought if the SAC reserve is proposed to be used for any purpose other than debt service,
including pay-as-you-go (PAYGO). Metro Cities opposes increases to the SAC rate while the
reserve is projected to exceed the Metropolitan Council's min' hs um reserve balance,
without the express engagement of city officials in the metr itan area.
Metro Cities supports modifications that were recom a ed i ocal and business officials
and adopted bythe Metropolitan Council in 2018 t �. ` e gross ra` than net square feet
p p
in makingSAC determinations to combine use c + adjus . , �egorie; � to ad�us §� e grandfather credit
eSAC determinatio mess remodels that do not
date and to not require a newchange
the use of the These changes are intended t {.. p simplify the SAC program for
property.
users, and to reduce incidents of "surprise" rges.
Metro Cities supports current SAC + /icy t
structure for pur redevelopment # f d su
p
determine if they hinder rede
Metro Cities supports the
changes to the SAC r
MCES' customer se
transparent to comm
outreach by MCES to u
of SAC charges and policie
considered only with the participation and input of local officials in the metropolitan region.
a n s flexibility in the SAC credit
orts continued evaluation of SAC fees to
tan Council providing details on how any proposed
. Metro Cities supports a periodic review of
to ure that its processes are responsive and
esses and residents. Metro Cities supports continued
SAC program to promote knowledge and understanding
y modifications to the SAC program or structure should be
Metro Cities supports a "growth pays for growth" approach to SAC. If state statutes are
modified to establish a "growth pays for growth" method for SAC, the Metropolitan Council
should convene a group of local officials to identify any technical changes necessary for
implementing the new structure.
Metro Cities supports allowing the Council to utilize the SAC `transfer' mechanism
provided for in state statute when the SAC reserve fund is inadequate to meet debt service
obligations. Any use of the transfer mechanism must be done so within parameters prescribed by
state law and with appropriate notification and processes to allow local official input and should
include a timely `shift back' of any funds that were transferred from the wastewater fund to the
SAC reserve fund. Efforts should be made to avoid increasing the municipal wastewater charge
in use of the transfer mechanism.
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4-0 Funding Regional Parks & Open Space
In the seven -county metropolitan area, regional parks essentially serve as state parks, and the
state should continue to provide capital funding for the acquisition, development and
improvement of these parks in a manner that is equitable with funding for state parks. State
funding apart from Legacy funds should equal 40 percent of the operating budget for regional
parks. Legacy funds for parks and trails should be balanced between metro and greater
Minnesota.
Metro Cities supports state funding for regional parks and trails that is fair, creates a
balance of investment across the state, and meets the needs of the region.
4-P Livable Communities
The Livable Communities Act (LCA) is administered by the
a voluntary, incentive -based approach to affordable housin
job growth and preservation, brownfield clean up and
and redevelopment. Metro Cities strongly supports
is widely accepted and utilized by cities. Since it
generated billions of dollars of private and public inv
added thousands of affordable housing unitsze regio
Metro Cities monitors the LCA programs o
program modifications to ensure e L
the participation of all partici
are eligible to participate in t
Metro Cities supports
to assist communiti
market proven in tl
redevelopment goals. M
group that identified the n
communities on the LCA pr
opolitan Council and provides
ev ent, tax base revitalization,
d-use, trf 't-friendly development,
continuatio this approach, which
n 1995 the LCA program has
, created thousands of jobs and
basis and supports any necessary
rogram criteria are flexible and promote
s, and to ensure all metropolitan area cities
ities Demonstration Account (LCDA).
ng and flexible eligibility requirements in the LCDA
nfithat may not be exclusively market driven or
rder to support important development and
supports the findings of a recent local official working
or the Metropolitan Council to expand its outreach to
rams and to continue efforts to ensure that LCA criteria are
sufficiently flexible to meet the range of identified program objectives. These efforts should
include ongoing opportunities for structured input by Metro Cities and local officials.
Metro Cities supports the statutory goals and criteria established for the Livable
Communities Act and opposes any changes to LCA programs that constrain flexibility
around statutory goals, program requirements and criteria.
Metro Cities opposes funding reductions to the Livable Communities Act programs and the
transfer or use of these funds for purposes outside of the LCA program.
Metro Cities supports statutory modifications in the LCDA to reflect the linkages among
the goals, municipal objectives, and Metropolitan Council system objectives.
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Metropolitan Agencies
Metro Cities supports the use of LCA funds for projects in transit improvement areas, as
defined in statute, if funding levels for general LCA programs are adequate to meet
program goals and the program remains accessible to participating communities.
Use of interest earnings from LCA funds should be limited to covering administrative program
costs. Remaining interest earnings should be considered part of LCA funds and used to fund
grants from established LCA accounts per established funding criteria.
4-Q Density
Metro Cities recognizes the need for a density policy, including minimum density requirements,
that allows the Metropolitan Council to effectively plan for and deliver cost-efficient regional
infrastructure and services. Regional density requirements must re ognize that local decisions,
needs and priorities vary, and that requirements must be sufficie flexible to accommodate
local circumstances as well as the effect of market trends on p develo ment and
redevelopment activity.
The Metropolitan Council asks cities to plan for ach
all areas identified for new growth, development o
different, how and where density is guided is determi
Regional density requirements should use rn
parcel -specific density requirements as su
local flexibility in a regional policy.
Any regional density policy mus
accommodate local physical an
open space, trees, water bodies an
regulations imposed on
The Metropolitan Co
regional density require
comprehensively reflect loc
m imum a . ge net densities across
hent, Because each community is
the local unit of government.
net densities. Metro Cities opposes
are contrary to the need for
data a a local development patterns and must
s such as, but not limited to, wetlands, public
is -of -way, and any corresponding federal and state
is when computing net densities.
dinate with local governments in establishing or revising
ould ensure that regional density and plat monitoring reports
cities and land uses.
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Transportation
Transportation Policies and Funding Introduction
Metro Cities supports a comprehensive transportation system as a vital component in
planning for and meeting the physical, social and economic needs of the state and
metropolitan region.
A comprehensive transportation system includes streets and bridges, transit, and multi -modal
solutions that work cohesively to best meet state, regional and local transportation needs.
Adequate and stable sources of funding are necessary to ensure th
maintenance of a high quality, efficient and safe transportation
that will position the state and region to be economically co
to maintain a functional transportation system will have a erse e
attract and retain businesses and create jobs.
evelopment and
em that meets these needs and
ve in the years ahead. Failure
ts on the state's ability to
Transportation funding and planning must be a high or state, regional and local
policymakers so that the transportation system can me - e needs of the state's residents and
businesses as well as projected population undi d planningfor regional and
statewide systems must be coordinated at the _ er - '� y d � � r gional and local levels to optimally
achieve long-term needs and goals.
5-A Road and Bridge Fu
Under current financin
the motor vehicle sal
continue to be under
statewide transportatio
system needs of the regio
usinz new, expanded and exis
ely primarily on local property taxes and fees as well as
ts, road and bridge needs in the metropolitan region
ities strongly supports stable, sufficient and sustainable
and expanded local tools to meet the transportation.
local municipal systems. Consideration should be given to
ng resources to meet these needs. Metro Cities supports the use
of dedicated taxes and fees to fund transportation infrastructure.
In addition, cities lack adequate tools and resources for the maintenance and improvement of
municipal street systems, with resources restricted to property taxes and special assessments. It is
imperative that alternative revenue generating authority be granted to municipalities and that
state resources be made available for this purpose to aid local communities and relieve the
burden on the property tax system. Metro Cities supports Municipal State Aid Street (MSAS)
funding. MSAS provides an important but limited revenue source that assists eligible cities with
street infrastructure needs and is limited to twenty percent of a city's street system.
Metro Cities supports state funding to assist cities over -burdened by cost participation
responsibilities from improvement projects on the state's arterial system and county state
aid highway (CSAH) systems.
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Transportation
Metro Cities supports state funding for state highway projects, including congestion,
bottleneck and safety improvements. Metro Cities also supports state financial assistance,
as well as innovations in design and construction, to offset the impacts of regional
transportation construction projects on businesses.
Metro Cities opposes statutory changes restricting the use of local funds for transportation
projects. Metro Cities opposes restrictions on aesthetic related components of
transportation projects, as these components often provide important safety and other
benefits to projects.
Metro Cities supports further research into the policy implications for electric and
automated vehicles on roadways, transit, and other components of transportation systems.
Metro Cities encourages the state to study the impact of electric a automated vehicles on
transportation related funding and policies.
5 B Regional Transit System
The Twin Cities Metropolitan Area needs a multi -
comprehensive transportation strategy that serves all
dependent. The transit system should be co d of a
lanes, high occupancy toll (HOT) lanes, a ne
express and regular route bus service, exclusi
commuter rail corridors designed t • feet re
centers. The system should be re arly Qio nitor
correspond to the region's chan tr
nal transit system as part of a
including commuters and the transit
of high occupancy vehicle (HOV)
pedestrian trails, bus rapid transit,
t > , light rail transit, streetcars, and
ntial, employment, retail and entertainment
and adjusted to ensure that routes of service
Current conest�on leve
g eca_�: opulation growth require a stable, reliable and
3 =s
li:
growing source of re - e for tr. _.: t co s_ .truction and operations so that our metropolitan region
can meet its transport needs t ` F emain economically competitive. Metro Cities supports an
p
effective, efficient and c i it I re ive regional transit system as an invaluable component
in meeting the multimoda � portation needs of the metropolitan region and to the
region's economic vibrancy"nd qualityof life. Metro Cities recognizes that transit service
g g
connects residents to jobs, schools, healthcare and activity centers. Transit access and service
frequency levels should recognize the role of public transit in addressing equity, including but
not limited to racial and economic disparities, people with disabilities and the elderly. Metro
Cities supports strategic expansion of the regional transit system.
Metro Cities supports a regional governance structure that can ensure a measurably
reliable and efficient system that recognizes the diverse transit needs of our region and
addresses the funding needs for all components of the system.
Metro Cities recognizes the need for flexibility in transit systems for cities that border the edges
of the seven -county metropolitan area to ensure users can get to destinations outside of the
seven -county area. Metro Cities encourages the Metropolitan Council to coordinate with collar
counties so that riders can get to and from destinations beyond the boundaries of the region.
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Metro Cities opposes statutory changes restricting the use of local funds for planning or
construction of transit projects. Restricting local planning and funding limits the ability of
cities to participate in transit corridor planning and development. State and regional
policymakers must coordinate with local units of government as decisions are made at the state
level on transit projects that also involve municipal planning, funding and policy decisions.
Metro Cities is opposed to legislative or Metropolitan Council directives that constrain the
ability of metropolitan transit providers to provide a full range of transit services,
including reverse commute routes, suburb -to -suburb routes, transit hub feeder services or
new, experimental services that may show a low rate of operating cost recovery from the
fare box.
In the interest of including all potential options in the pursuit
transit system, Metro Cities supports the repeal of the gag
Commuter Rail Line and opposes the imposition of legis
planning, design, or construction of specific transit pr cts.
In the interest of safety and traffic management
safety issues relating to water quality protections
derailments, traffic implications from longer and m
balance between rail commerce and the q Y z life
which they pass.
5-C Transit Financing
Shifting demographics in the met
of transit in areas with
unpredictable, and t
which contributes tope
a regionally balanced
er on the Dan Patch
oratoriums on the study,
ies supp is further study of rail
safety concerns relating to
frequent trains and the sensitive
acts on the communities through
an region will mean increased demand for various modes
t transit service. MVST revenue projections are
atedly reduced general fund support for Metro Transit,
ting deficits for regional transit providers.
Operating subsidies necess3 upport a regional system should come from regional and
statewide funding sources an of local taxpayers. In recent years
, state and regional resources
for transit have diminished, with costs shifting to local taxpayers in the metropolitan area. A
system of transit provides significant economic benefits to the state and metropolitan region and
must be supported with state and regional revenue sources. In addition, capital costs for the
expansion of the regional transit system should be supported through state and regional sources,
and not the sole responsibility of local units of government.
Metro Cities supports stable and predictable state and regional revenue sources to fund
operating and capital expenses for all regional transit providers and Metro Mobility at a
level sufficient to meet the growing operational and capital transit needs of the region and
to expand the system to areas that lack sufficient transit service options.
Metro Cities continues to support an advisory role for municipal officials in decisions
associated with local transit projects.
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Transportation
5-D Street Improvement Districts
Funding sources for local transportation projects are limited to the use of Municipal State Aid
Street Program (MSAS), property taxes and special assessments. In addition, cities under 5,000
in population are not eligible for MSA. With increasing pressures on city budgets and limited
tools and resources, cities are finding it increasingly difficult to maintain aging streets.
Street improvement districts allow cities in developed and developing areas to fund new
construction as well as reconstruction and maintenance efforts.
The street improvement district is designed to allow cities, through a fair and objective fee
structure, to create a district or districts within the city in which fees are raised on properties in
the district and spent within the boundaries of the district. Street improvement districts would
also aid cities under 5,000 with an alternative to the property tax stem and special assessments.
Metro Cities supports the authority of local units of gave .' t to establish street
improvement districts. Metro Cities also supports char } a s to dial assessment laws to
in state-owned property a morepredic a process ' h uniformityin the
make assessing p p ty
payment of assessments across the state.
5-E Highway Turnbacks & Funding
Cities do not have the financial capacity, othe o
FY significant property tax increases, to
a� ��x
absorb additional roadway responsibwith new funding sources. The existing municipal
turnback fund is not adequate ba on c fl temp a - d turnbacks.
Metro Cities supports jurisdicti
161.16, subd. 4) on a p
criteria subject to a c
improvements and c
Metro Cities does not sup
consent of municipality and
to the city in a timely manner.
eass .gn ent or turnback of roads (Minn. Stat. §
g functional classifications and other appropriate
hanism for adequate funding of roadway
q
tenance.
e wholesale turnback of county or state roads without the
e total cost, agreed to by the municipality, being reimbursed
5-F "3C" Transportation Planning Process: Elected Officials' Role
The Transportation Advisory Board (TAB) was developed to meet federal requirements,
designating the Metropolitan Council as the organization that is responsible for a continuous,
comprehensive and cooperative (3C) transportation planning process to allocate federal funds
among metropolitan area projects. Input by local officials into the planning and prioritization of
transportation investments in the region is a vital component of these processes.
Metro Cities supports continuation of the TAB with a majority of locally elected municipal
officials as members and participating in the process.
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5-G Electronic Imaging for Enforcement of Traffic Laws
Enforcement of traffic laws with cameras and other motions imaging technology has been
demonstrated to improve driver compliance and safety.
Metro Cities supports local law enforcement agencies having the authority to use such
technology, including photos and videos, to enforce traffic laws.
5-H Transportation Network Companies and Alternative Transportation Modes
The introduction of transportation network companies (TNC) such as Lyft and Uber, vehicle
sharing and other wheeled transportation modes such as bicycles and scooters, require the need
for local officials to determine licensing and inspection requirements for these modes, and to
address issues concerning management over public rights -of -way ,-; ities have the authority to
license rideshare companies, inspect vehicles, license drivers regulate access to sidewalks
and streets,
Metro Cities supports the ability of local officials egulate and a}blish fees on these
� is
transportation modes. Emerging and future trans s o atio � hnologies have potentially
significant implications for localpublic safetyand loc �E=lic service levels,the needs and
g p
impacts of which vary by community,
5-1 Airport Noise Mitigation
Acknowledging that the commt
impacted by noise, traffic and of
• Metro Cities s
greater representat
wants to encourage con
they represent. Balancing
their residents requires open
est to P and reliever airports are significantly
ansion-related issues:
goal of providing MSP-impacted communities
opo itan Airports Commission (MAC). Metro Cities
inication between the MAC commissioners and the cities
of MAC, the business community and airport host cities and
nmunication, planning and coordination. Cities must be viewed
as partners with the MAC in resolving the differences that arise out of airport projects and the
development of adjacent parcels. Regular contact between the MAC and cities throughout the
project proposal process will enhance communication and problem solving. The MAC should
provide full funding for noise mitigation for all structures in communities impacted by flights in
and out of MSP; and
• Metro Cities supports noise abatement programs and expenditures and the work of
the Noise Oversight Committee to minimize the impacts of MAC operated facilities on
neighboring communities. The MAC should determine the design and geographic reach of
these programs only after a thorough public input process that considers the priorities and
concerns of impacted cities and their residents. The MAC should provide full funding for noise
mitigation for all structures in communities impacted by flights in and out of MSP.
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5-J Funding for Non -Municipal State Aid (MSAS) City Streets
Cities under 5,000 in population do not directly receive any non -property tax funds for collector
and arterial streets. Cities over 5,000 residents have limited eligibility for dedicated Highway
User Tax Distribution Fund dollars, which are capped by the state constitution as being available
for up to twenty percent of streets. Current County State Aid Highway (CSAH) distributions to
metropolitan counties are inadequate to provide for the needs of smaller cities in the metropolitan
area. Possible funding sources include the five -percent set -aside account in the Highway User
Tax Distribution Fund, modification to county municipal accounts, street improvement districts,
and/or state general funds.
The 2015 Legislature created a Small Cities Assistance Account that is distributed through a
formula to cities with populations under 5,000. The Account has received periodic one-time
appropriations, but no stable or dedicated source of funding.
Cities need long-term, stable, funding for street improveme r maintenance. Metro Cities
supports additional resources and flexible policies to e loci s
:� frastructure needs and
Increased demands on city streets. Metro Cities als pports su able state funding
sources for non-MSAS city streets, including fun _ g for he Small e ties Assistance
Account as well as support for the creation and i : , a Large Cities Assistance
pp �
Account.
5-K County State Aid Highway (CSA []"' y;3.. ion Formula
Significant resource needs remai
Legislature for the CSAH syst
however, greater pressure is bein
activities, encumbering
not building or maint
pay upward of fifty p
additional funding for
involving county roads.
etro a CSAH system. Revenues provided by the
,- higher number of projects being completed,
d on m icipalities to participate in cost sharing
burdened local funding system. When the alternative is
tiear not only the costs of their local systems but also
road projects. Metro Cities supports special or
ave burdens of additional cost participation in projects
CSAH eligible roads were designated by county engineers in 1956 and although only 10 percent
of the CSAH roads are in the metro area, they account for nearly 50 percent of the vehicle miles
traveled. The CSAH formula passed by the Legislature in 2008 increased the amount of CSAH
funding for the metropolitan area from 18 percent in 2007 to 21 percent in 2011. The formula
helps to better account for needs in the metropolitan region, but is only the first step in
addressing needs for additional resources for the region.
Metro Cities supports a new CSAH formula more equitably designed to fund the needs of
our metropolitan region.
5-L Municipal Input/Consent for Trunk Highways and County Roads
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Transportation
State statutes direct the Minnesota Department of Transportation (MnDOT) to submit detailed
plans, with city cost estimates, at a point one -and -a -half to two years prior to bid letting, at which
time public hearings are held for community input. If MnDOT does not concur with requested
changes, it may appeal. Currently, that process would take a maximum of three and a half
months and the results of the appeals board are binding on both the city and MnDOT.
Metro Cities supports the municipal consent process, and opposes changes to weaken
municipal consent or adding another level of government to the consent process. Metro
Cities opposes changes to current statutes that would allow MnDOT to disregard the
appeals board ruling for state trunk highways. Such a change would significantly minimize
MnDOT's need to negotiate in good faith with cities for appropriate project access and alignment
and would render the public hearing and appeals process meaningless. Metro Cities also
opposes the elimination of the county road municipal consent and appeal process for these
reasons.
5-M Plat Authority
Current law grants counties review and comment au
plats abutting county roads.
ity fo access a
drainage issues for city
Metro Cities opposes any statutory chang t i t woul + 5 nt counties veto power or that
would shorten the 120-day review and per _ t c.
5-N MnDOT Maintenance
The state has failed in its respon � .� . �.�� �,_�:��������� . p. or a x = ,alning major roads throughout the state by
requiring, through omission e c5 bear the burden of maintaining major state roads.
MnDOT should be r
reimburse cities for lab
safety or meet local standa
fully reimbursed.
tanards adopted by cities through local ordinances, or
and material used on the state's behalf to improve public
ermore, if a city performs maintenance, the city should be
Metro Cities supports MnDOT taking full responsibility for maintaining state-owned
infrastructure and property, including, but not limited to, sound walls and right of way,
within city limits. Metro Cities supports cooperative agreements between cities and
MnDOT, which have proven to be effective in other parts of the state. Metro Cities
supports adequate state funding for the maintenance of state rights -of -way.
5-0 Transit Taxing District
The transit taxing district, which funds the capital cost of transit service in the Metropolitan Area
through the property tax system, is inequitable. Because the boundaries of the transit taxing
district do not correspond with any rational service line nor is being within the boundaries a
guarantee to receive service, cities within and outside of the taxing district are contributing
2020 Legislative Policies
Page 80 of 231
57
Transportation
unequally to the transit service in the Metropolitan Area. This inequity should be corrected.
Metro Cities supports a stable revenue source to fund both the capital and operating costs
for transit at the Metropolitan Council. However, Metro Cities does not support the
expansion of the transit taxing district without a corresponding increase in service and an
overall increase in operational funds. To do so would create additional property taxes
without a corresponding benefit.
5-P Complete Streets
A complete street may include: sidewalks, bike lanes (or wide paved shoulders), special bus
lanes, comfortable and accessible public transportation stops, frequent and safe crossing
opportunities, median islands, accessible pedestrian signals, curb etensions, narrower travel
lanes and more.
A complete street in a rural area will differ from a completree a_ highly urban area, but
both are designed to balance safetyand convenience fox' eryone u �_ the road.
Metro Cities supports options in state design gu inesrcomplete streets that would give
cities greater flexibility to:
• Safely accommodate all modes of t
• Lower traveling speeds o
• Address city infrastruc
• Ensure livabil'
Metro Cities opposes
improvement costs in to
including cycling and wal
local jurisdictions.
ate context for each city.
mandates that would increase street infrastructure
d instances where providing access for alternative modes
re deemed unnecessary or inappropriate as determined by
58
2020 Legislative Policies
Page 81 of 231
Committee Rosters
Municipal Revenue & Taxation
Chair Patrick Trudgeon, City Manager, Roseville
Lance Benninghoff
Brooke Bordson, Senior Project Coordinator - Government Affairs, Metropolitan Council
Kirt Briggs, Mayor, Prior Lake
Sarah Brown, Treasury Analyst, St. Paul
Daniel Buchholtz, City Administrator/Clerk/Treasurer, Spring Lake Park
Gary Carlson, IGR Director, League of MN Cities
Bruce DeJong, Finance Director, Centerville
Jim Dickinson, City Administrator, Andover
Lori Economy-Scholler, Chief Financial Officer, Bloomingto
Lisa Herbert, Finance Director, Rogers
Christopher Hetland, Management Assistant, Cottage G
Merrill King, Finance Director, Minnetonka
Tom Lawell, City Administrator, Apple Valley
Dean Lotter, City Manager, New Brighton
Kristi Luger, City Manager, Excelsior
John McCarthy, Interim Finance Director, S
Melanie Mesko Lee, City Manager, Burnsvill
Justin Miller, City Administrator, L mac
Madeline Mitchell, Budget Anal
Fatima Moore, Senior Govern
Alysen Nesse, Government Relat
Loren Olson, Governme
Richard Paul, Counci
Dave Perrault, City
Candy Petersen, Council
Trisha Pollock, Finance M
Gene Ranieri, Intergovernme
sentative, Minneapolis
epresen tive, Minneapolis
resentative, Minneapolis
rden Hills
orth St. Paul
,Victoria
al Relations Director, Minneapolis
Steven Stahmer, City Administrator, Rogers
Matt Stemwedel, City Manager, Coon Rapids
Vince Workman, Councilmember, Burnsville
ThaoMee Xiong, Intergovernmental Relations Director, St. Paul
Nyle Zikmund, City Administrator, Mounds View
2020 Legislative Policies
Page 82 of 231
59
Committee Rosters
Housing & Economic Development
Chair Bryan Hartman, HRA Program Manager, Bloomington
Sarah Ali g, Assistant to the City Administrator, Woodbury
Ron Anderson, Councilmember, Edina
Myron Bailey, Mayor, Cottage Grove
Karl Bataiden, Community Development Coordinator, Woodbury
Brian Beeman, Assistant City Administrator, Mounds View
Lance Benninghoff
Josh Berg, Councilmember, Elko New Market
Kim Berggren, Community Development Director, Brooklyn Park
Brooke Bordson, Senior Project Coordinator - Government Affairs, Metropolitan Council
Jody Brennan, Councilmember, Shakopee
Connie Buesgens, Councilmember, Columbia Heights
Ned Carroll, Councilmember, Plymouth
Ricardo Cervantes, Director of Safety and Inspections, S ° : u
Steve Elkins, Representative, MN House of Represent es
Jenne Faulkner, Community Development Director - rnsvi
Ben Gozola, Assistant Director of Community Asse = velopment, New Brighton
Shannon Guernsey, Executive Director, Minnesota NA = 0
Janice Gundlach, Community Development =.-x Ros
Ellen Hiniker, City Manager, White Bear Lal
Julie Jeppson, Councilmember, Blai
Steve Juetten, Community Develo en d rect s Plymouth
Irene Kao, IGR Counsel, Leag ®f MN;. ties
Dan Kitzberger, Legislative Die - 0 g Finance Agency
Daniel Lightfoot, IGR Rea fate eague of MN Cities
Brad Martens, City A o t an
Fatima Moore, Senio:. overnmen eia ` ons Representative, Minneapolis
Alysen Nesse, Gover t Relate s Representative, Minneapolis
Bill Neuendorf, Economics vet ; e rnent Manager, Edina
Bruce Nordquist, Community velopment Director, Apple Valley
p ��
Loren Olson, Government Relations Representative, Minneapolis
David Olson, Community & Economic Development Director, Lakeville
D'Ana Pennington, Policy Aide, Minneapolis
Allison Polsfuss, Assistant to the City Administrator, Savage
Dan Ryan, Councilmember, Brooklyn Center
Ryan Schroeder, City Manager, West St. Paul
Cara Schulz, Councilmember, Burnsville
Tracy Shimek, Housing & Economic Development Coordinator, White Bear Lake
Patrick Smith, Community Development Director, Victoria
Bob Streetar, Community Development Director, Oakdale
Sack Thongvanh, City Administrator, Falcon Heights
Alyssa Wetzel -Moore, Community Development Director, Minnesota Housing Finance Agency
Julie Wischnack, Community Development Director, Minnetonka
ThaoMee Xiong, Intergovernmental Relations Director, St. Paul
60
2020 Legislative Policies
Page 83 of 231
Committee Rosters
Metropolitan Agencies
Chair Gary Hansen, Councilmember, Eagan
Doug Anderson, Mayor, Lakeville
Susan Arntz, City Administrator, Waconia
Karl Batalden, Community Development Coordinator, Woodbury
Lance Benninghoff
Daniel Besinaiz, Economic Development Intern, Coon Rapids
Brooke Bordson, Senior Project Coordinator - Government Affairs, Metropolitan Council
Matt Brown, Economic Development Coordinator, Coon Rapids
Deb Calvert, Councilmember, Minnetonka
Jim Dickinson, City Administrator, Andover
Steve Elkins, Representative, MN House of Representatives
Thomas Fletcher, Councilmember, Greenwood
Tom Goodwin, Councilmember, Apple Valley
Dana Hardie, City Manager, Victoria
Elizabeth Kautz, Mayor, Burnsville
Lisa Laliberte, Councilmember, Roseville
Gregg Lindberg, Deputy City Manager, Burnsville
Dean Lotter, City Manager, New Brighton
Tim McNeil, Mayor, Dayton
Mark McNeill,. City Administrator, Mendota
Fatima Moore, Senior Government
Mark Nagel, Assistant City Admi
Alysen Nesse, -Government Re
Loren Olson, Government Relat
Donna Schmitt, Mayor, C
Wendy Wulff, Counci
ThaoMee Xiong, Int
ions enta e, Minneapolis
Elko ew Market
esenta e, Minneapolis
e, Minneapolis
hts
6 Metropolitan Council
Rel: ions Director, St. Paul
2020 Legislative Policies
Page 84 of 231
61
Committee Rosters
Transportation & General Government
Chair Jason Gadd, Mayor, Hopkins
Sarah Alig, Assistant to the City Administrator, Woodbury
Susan Arntz, City Administrator, Waconia
Geralyn Barone, City Manager, Minnetonka
Lance Benninghoff
Josh Berg, Councilmember, Elko New Market
Brooke Bordson, Senior Project Coordinator - Government Affairs, Metropolitan Council
Dirt Briggs, Mayor, Prior Lake
Ned Carroll, Councilmember, Plymouth
Steve Elkins, Representative, MN House of Representatives
Anne Finn, Assistant IGR Director, League of MN Cities
Steve Fletcher, Councilmember, Minneapolis
Mary Hamann -Roland, Mayor, Apple Valley
Gary Hansen, Councilmember, Eagan
Chris Hartzell, Engineering Director, Woodbury
Mike Huang, Councilmember, Chaska
Mary Hurliman, Public Works Director, Woodbury
Irene Kao, IGR Counsel, League of MN Cities
Dan Kealey, Councilmember, Burnsville
Allyn Kuennen, Assistant City Administrator,
Daniel Lightfoot, IGR Representative , - ague . Citi s
Ann Lindstrom, IGR RepresentatsF. e. e of Cities
Mark Maloney, Public Works ctor, Sorevie
Tom McCarty, City Administra
Mary McComber, Mayor . .A ' ar - ights
Fatima Moore, Senior o= er R = .ons Representative, Minneapolis
Heidi Nelson, City A inistratorHE aple Grove
Alysen Nesse, Gover k" t Relati +` Representative, Minneapolis
Loren Olson, G overnrner la : s Representative, Minneapolis
Ryan Peterson, Public Work 1 ector, Burnsville
Allison Polsfuss, Assistant to the City Administrator, Savage
Gene Ranieri, Intergovernmental Relations Director, Minneapolis
Jess Robertson, Councilmember, Blaine
Dan Ryan, Councilmember, Brooklyn Center
Tim Sandvik, Assistant City Administrator, Vadnais Heights
Craig Schlichting, Community Assets & Development Director/City Engineer, New Brighton
Ellsworth Stein
Michael Thompson, Public Works Director, Plymouth
Kurt Ulrich, City Administrator, Ramsey
Wally Wysopal, City Manager, Fridley
ThaoMee Xiong, Intergovernmental Relations Director, St. Paul
Nyle Zikmund, City Administrator, Mounds View
62
2020 Legislative Policies
Page 85 of 231
*5.A.5.
Shakopee City Council
November 6, 2019
FROM: Lori J. Hensen, City Clerk
TO: Mayor and Council Members
Subject:
Request to close alley from Holmes Street to Babe's Place side door from 5:30 to 8 p.m.
every Friday.
Policy/Action Requested:
Approve the suspension of city code 114.11 Consumption and possession of alcoholic
beverages on street, public property, private parking lots to which the public has access and
other private property and alley closure from Holmes Street to side door of Babe's Place
from 5:30 to 8 p.m. every Friday, if the crowds exceed the 350 capacity.
Recommendation:
Staff has concerns with the precedent it sets since this is not a one-time event. The intent is
to do this event every time the crowd exceeds 350. Safety is also a concern. The alley is
dark which limits the visibility for drivers or patrons. We recommend that she add lighting if
council grants her request.
Discussion:
Mary Isakson, owner of Babe's Place has a weekly event on Fridays that has grown beyond
her business capacity. She is requesting that the alley be closed from Holmes Street to
Babe's Place side door from 5:30 to 8 p.m. every Friday, indefinitely. A letter is attached
detailing her request.
Along with the request, they are asking the City Council to suspend city code 114.11
Consumption and possession of alcoholic beverages on street, public property, private
parking lots to which the public has access, and other private property during the event. No
glass containers will be used. All alcohol will be purchased within Babe's Place and
participants going outside will have wristbands.
They are requesting Public Works provide two barricades.
Page 86 of 231
Budget Impact:
ATTACHMENTS:
D Letter
Page 87 of 231
Dear Shakopee City Council:
Most of you are already aware of my request to the city to block off part of the alley between
Holmes street and Fuller Street adjacent to Babe's Place on Friday evenings between the
hours of 5:30 PM to 8:00 PM. This is a formal request for permission to do that.
Babe's Place has been having a drawing on Friday evenings at 7:00 PM and the participation in
this drawing has exceeded all expectations in that it is bringing hundreds of people to the
downtown area. It is an understatement to say that it has been a big boost for all our
downtown entertainment businesses. As proud as I am to say that, there is usually more
people wanting to participate than can be held inside Babe's Place. Even though Babe's has
several exits and a newly installed sprinkler system, the Fire Marshall has determined that
maximum capacity is about 350 people. Unfortunately, the crowd size has almost always
exceeded this number as of late due to the amount of the drawing jackpot which grows each
week if somebody does not win it. As the jackpot grows, so does the amount of people.
This is why I am asking for permission to allow people to be outside my business and still
enjoy the fun and excitement that this drawing brings. I feel that having part of the alley
blocked off just prior to and after the drawing would not be much of a burden on the city.
Also, I want to make it known that I do not expect nor am I asking that I be allowed to do this
every Friday from here on because once the drawing is won, the jackpot goes back to a much
smaller amount and thus I am not expecting such huge crowds when that happens. I am only
asking for permission to block the alley off should the crowds exceed the 350 person capacity.
When that happens, I would also like the ability to sell canned beer in the blocked off area by
my bartenders. We will not allow anyone to exit the area if they have a beverage...just as if
they were inside the building.
I have had a few other entertainment business owners thank me for bringing all these folks to
our downtown area on Friday nights. After the drawing is done for the night, a tot of people
will visit other bars and restaurants and so I think overall this is a good thing for our city.
If you have any questions or concerns, please do not hesitate to call me and I will gladly
address them. I look forward to hearing from you soon and thank you for your consideration.
Sincerely,
Mary Isakson, Proprietor of Babe's Place
952-200-4556
Unrestricted
Page 88 of 231
*S.B.1.
Shakopee City Council
November 6, 2019
FROM: Jay Tobin, Parks and Recreation Director
TO: Mayor and City Council
Subject:
City Council approval of Ice Arena Rental Agreement with SWCHS.
Policy/Action Requested:
Request City Council approval of Ice Arena Rental Agreement with Southwest Christian
High School as presented.
Recommendation:
Parks and Recreation Advisory Board and City Staff recommend City Council approve Ice
Arena Rental Agreement with Southwest Christian High School.
Discussion:
The rental agreement is a five year commitment with an option to opt -out for years 4 and 5
upon notification before beginning of year 3.
The agreement gives SWCHS the right to use potions of the Ice Arena during the hockey
season. Specifically, SWCHS has access to: reserved ice time from 6:30-8:30 a.m. Monday -
Friday; 8 games with times to be set by the conference; a team locker room that is currently
known as locker room 5; and a coaches room/storage space.
SWCHS is responsible for all planning, approvals, and expenses related to any
improvements to the locker room or coaches room/storage room. Those improvements
become City property upon expiration or termination of agreement.
Budget Impact:
Revenue generated per agreement payment schedule (Attachment A of agreement)
ATTACHMENTS:
SWCS Ice Arena Rental Agreement
Page 89 of 231
AGREEMENT FOR. USE OF CITY ICE ARENA BY
Southwest Christian High School
THIS AGREEMENT is made and entered into as of this day of , 2019, by and
between the CITY OF SHAKOPEE, a municipal corporation and political subdivision of the State
of Minnesota, ("City") and Southwest Christian High School, a private high school.
Recitals
A. The City has a two sheet Ice Arena at 1225 Fuller Street.
B. The City has an extra locker room and storage space available.
C. Southwest high school desires to use the Ice Arena for its junior varsity and varsity hockey
program.
D. The City and Southwest desire to enter into this Agreement setting for the terms by which
Southwest will use the Ice Arena.
NOW THEREFORE, in consideration of the Ice Arena and in further consideration of the mutual
agreements contained in this Agreement, the City and Southwest agree as follows:
1. Term. This Agreement is valid and extends through March 2026, during which time
Southwest shall have the right to use the portions of the Ice Arena described in this
Agreement from October 1st through March 31 st ("Hockey Season") of each school year.
After year two, Southwest Christian has the right to extend the agreement for an additional
2 years or void the agreement without financial penalty. Contract will be for 3 years with the
rights for 2-year extension. At the end of each hockey season Southwest would need to clean
out rooms. The City has the right to use the spaces during the off season for different events
or teams.
2. Payment. Southwest ChristianlRichfield shall pay the City for Southwest's use of the Ice
Arena as described in this Agreement during each Hockey Season. Payment shall be made
in two equal installments or in one lump sum. The first installment is due no later than
December 1st and the second installment is due no later than April 1st of each school year.
See Attachment A.
3. Ice Time. Southwest is granted ice time during the times and under the terms and conditions
set forth in Attachment A to this Agreement.
4. Team Locker Rooms. Southwest is granted exclusive use of locker room number 5 and
storage room. ("Team Locker Room") during each Hockey Season. With the permission of
Southwest, the City may allow other groups to use the Team Locker Rooms during the off
season.
5. Southwest Improvements. Southwest shall construct, at the Southwest's sole expense, the
build out of the locker room and storage room ("Southwest's Improvements"). Southwest's
shall deliver to the City a complete set of plans and specifications in the form of working
1
Page 90 of 231
drawings or construction drawings identifying Southwest's interior layout of the Team
Locker Room and storage room, including complete sets of detailed architectural, structural,
mechanical, electrical, and plumbing working drawings for any and all Southwest's
Improvements. Any alteration, addition or improvement made to the Team Locker Room or
storage room (other than movable equipment, furniture and other trade fixtures owned by
Southwest) will at once become the property of the City upon expiration or earlier
termination of this Agreement. The rights granted to Southwest under this section are
exclusive and personal to Southwest and may not be assigned or transferred to any other
party, without the written consent of the City.
6. Southwest's Use of Ice Arena. Southwest shall use the Ice Arena for the high school hockey
programs pursuant to the terms of this Agreement and Attachment A. Southwest shall not
create a nuisance or use the Ice Arena for any illegal or immoral purposes.
7. Compliance With Laws. The City warrants that the physical condition of the Ice Arena will
comply with all applicable laws, ordinances, rules and governmental regulations
("Applicable Laws"). The City shall comply with all Applicable Laws regarding the physical
condition of Ice Arena, except to the extent that Southwest must comply with Applicable
Laws. Southwest shall comply with all Applicable Laws regarding the physical condition of
the Ice Arena to the extent the Applicable Laws pertain to the particular manner in which
Southwest uses the Ice Arena or to the lawful use of the Ice Arena, such as laws governing
maximum occupancy and illegal business operations. In addition:
a. Southwest shall follow City policies regarding age, discrimination policies and
facility use policies within the Ice Arena.
b. Southwest shall ensure all furnishings, fixtures and equipment comply with local
laws, Building Codes and regulations for installations, as applicable.
8. Services and Utilities. The City shall at its expense:
a. Provide heating, ventilation and air conditioning (HVAC) for the Ice Arena to
maintain comfortable temperatures during the times that Southwest uses the Ice
Arena.
b. Provide electricity to the Ice Arena in reasonable amounts necessary for
Southwest's use of the Ice Arena
c. Provide expendables such as light bulbs, toilet paper and the like.
d. Provide trash disposal from building receptacles; and
e. Maintain common areas in the Ice Arena.
9. Southwest's Use and Care of Premises. Southwest shall:
Page 91 of 231
a. Keep the Premises and fixtures in good order;
b. Make repairs and replacements to the Premises needed because of Southwest's
misuse or primary negligence; and
c. Not commit waste,
d. Southwest shall maintain and clean the Premises on a regular daily basis based on
customer usage. This includes cleaning, disinfecting, and depositing trash into
proper building receptacles.
e. Southwest shall cooperate with the Contractor's Staff assigned to oversee the
Shakopee Ice Arena.
f. Southwest shall pay for and provide its own voice and data service.
g.
Southwest shall be responsible for any losses due to theft, employee errors,
vandalism or power failures occurring on the Premises,
h. Southwest shall follow the City's no smoking, tobacco and alcohol policy and
premises policies, which regulate permissible activities and does not allow any
smoking or drinking within the Shakopee Ice Arena building or surrounding
property.
J
Due to the fact that Southwest shall be in contact with minors at the Shakopee Ice
Arena, Southwest shall maintain and implement a hiring process that provides for
a criminal background check for Southwest's staff working at the Premises
throughout the term of this Lease.
Upon surrender, Southwest shall remove from the Premises its personal property,
trade fixtures, and any alterations required to be removed, and shall repair any
damage to the Premises caused by their removal.
10. Interruption of Services. The City explicitly does not warrant that any services the City
supplies to the Ice Arena will not be interrupted. Services may be interrupted because of
accidents, repairs, alterations, improvements, or any reason beyond the reasonable control of
the City. No interruption shall make the City liable to Southwest for monetary damages of
any nature. The City may enter the Premises at reasonable times, and at any time in the case
of an emergency, without charge, liability, or abatement of Rent, to make repairs, alterations,
improvements, and additions either required or advisable to preserve the safety and physical
condition of part or all of the Shakopee Ice Arena
11. Alterations. Except with respect to Southwest's Improvements, Southwest shall not make
alterations without the City's advance written consent. "Alterations" means additions,
substitutions, installations, improvements, and similar changes to the physical condition of
the Ice Arena.
3
Page 92 of 231
12. Entire Agreement, This Agreement is the complete and exclusive statement of the terms
agreed upon and shall supersede all prior negotiations, understandings or agreements. Any
alterations, variations, modifications or waivers of the Agreement shall only be valid when
they are agreed to in writing and signed by authorized representatives of Southwest and the
City.
13, Applicable Law. Minnesota law shall be used to construe and interpret this Agreement,
without giving effect to the principles of conflict of laws, All proceedings related to this
Agreement shall be venued in the State of Minnesota,
14. Data Practices Act. All of the data created, collected, received, stored, used, maintained, or
disseminated by the City in the performance of this Agreement is subject to the requirements
of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13,
15. Indemnity. Southwest shall defend, indemnify and hold harmless the City, its officers, agents
and employees, against all suits, demands, causes of action, liabilities, or claims for injury
or damages of whatever nature, including death or damage to property, arising out of or
related to Southwest's use of the Ice Arena and the use of the Ice Arena by Southwest's
officers, employees, agents, students, guests or invitees.
16, Assignment, Neither party shall assign this Agreement or any of the rights, duties or
payments arising under this Agreement to any third party without the written consent of the
other,
17. Notices. All notices required under this Agreement must be in writing and provided to the
designated contact person for the other party. The parties shall keep each other informed in
writing of any change in the designated contact person. At the time of the execution of this
Agreement, the following persons are the designated contacts:
Southwest Contact City Contact
Troy Ciernia
Ice Arena Manager
to er ili cis a o eenp Yov
952-452-9522
18. Miscellaneous,
a. The City has the exclusive right to operate or manage concession sales at the Ice Arena
for the sale of food and beverages, including food and beverages dispensed from
4
Page 93 of 231
vending machines. Southwest may not bring food or beverages for sale or distribution
in the Ice Arena with prior written approval from the City.
b. Southwest may not post advertisements in any portion of the Ice Arena without prior
written approval from the City.
c, Southwest will have shared use of the Ice Arena parking lot on a first --come, first -served
basis. Southwest may not prohibit, regulate, or obstruct use of the Ice Arena parking
lot by others.
d. Southwest will have the right to hang (1) team banner in the arena. Banner must be
approved and installed by the City.
19. Severability. If any portion of this Agreement is declared by a court to be illegal or in conflict
with any law, the validity of the remaining terms and conditions shall not be affected and the
rights and obligations of the parties under this Agreement shall be construed and enforced as
if the Agreement did not contain the particular provision held to be invalid.
IN WITNESS WHEREOF, the undersigned parties acknowledge that they have read and
understand this Agreement and have executed it on the dates recorded below.
Date: 16/7/1,1
Southwest Christian High School
Bye" -
By
Its hair,.
L'kdv-t-itO
fs Director of ance/Super' zt dent
CITY OF SHAKOPEE
Date: By:
Its Mayor
By:
Its City Administrator
5
Page 94 of 231
ATTACHMENT A
1. Schedule of reserved dates and times:
a. All game times as set by the conference (8 games with a block of 4 hours per)
b. Practice times: Junior Varsity/Varsity hockey teams: 6:30-8:30 a.m. Monday -Friday.
c. In the unforeseen instance that both ice sheets are unavailable for regularly scheduled
practice time, after school same day ice will be coordinated at no additional cost.
d. All post -season home games
e. Ice time selection must be made by August 1st of each year.
f. Use of the Ice Arena for the above purposes is for a maximum of 10 hours per
week. Any ice time above 10 hours per week will be billed at the City's normal hourly
rate.
Ice time and Space breakdown:
16 week season
2 hours per day for practice 5 days a week
8 game blocks at 4 hours per block
Locker room 5 and Coaches/storage room.
Payments:
Year 1: $40,000
Year 2: $41,400(After year two, Southwest Christian has the right to extend for an additional
2 years or void the agreement without a financial penalty, Contract will be for 3 years with the
rights for a 2-year extension.
Year 3: $42,849
Year 4: 44,438
Year 5: 45,900
2. Team rooms must be cleaned out no later than two weeks after the Hockey Season concludes.
3. The City shall provide an on -duty manager and ice maintenance personnel.
4. Southwest will provide ticket personnel, operate the ticket table and receive all ticket sales
revenue.
5. Southwest will provide a mutually agreed upon number of crowd control staff.
6. Southwest will provide an event announcer, referees and any necessary off -ice officials.
6
Page 95 of 231
*5.B.2.
Shakopee City Council
November 6, 2019
FROM: Jay Tobin, Parks and Recreation Director
TO: Mayor and Council Members
Subject:
Declare Two Gaming Tables as Surplus Property
Policy/Action Requested:
Declare the two gaming tables as surplus property and authorize their disposal
Recommendation:
Approve the action as requested.
Discussion:
The two gaming tables are quickly broken again after costly and time consuming
repairs. They take up valuable space and are a distraction rather than adding value to
customer experience. Disposing of the tables eliminates the cost of repairs and the
distraction to staff and other customers.
1. Air Hockey table: model #SACAAIRX/Serial #OC212ASACA
2. Bubble Hockey table: model #SC1000X/Serial #SCI15#2640(BK)
After being declared surplus the items will be auctioned on GovDeals with proceeds
disbursed to support operations.
Budget Impact:
None
ATTACHMENTS:
D Parks and Recreation Surplus Items
Page 96 of 231
Parks and Recreation Items to be auctioned as surplus:
Air Hockey table: model #SACAAIRX/Serial #0C212ASACA
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Page 97 of 231
*S.C.1.
Shakopee City Council
November 6, 2019
FROM: Chris Deliwo. Captain
TO: Mayor and Council Members
Subject:
Declare Six Forfeited vehicles as Surplus Property
Policy/Action Requested:
Declare six forfeited vehicles as surplus property and authorize disposal.
Recommendation:
Approve policy/action as requested.
Discussion:
The vehicles were obtained through successful forfeiture proceedings and are described as
follows:
1. 2004 Subaru Impreza, VIN: JF1GD29664G516565
2. 2005 Hyundai Sonata, VIN: KMHWF35H45A146133
3. 2005 Honda Pilot, VIN: 2HKYF187X5H563074
4. 2006 Mitsubishi Eclipse, VIN: 4A3AK24F86E024869
5. 2008 Chrysler Town and Country, VIN: 2A8HR64X28R645889
6. 2014 Dodge Dart, VIN: 1C3CDFCB2ED833367
After being declared surplus, the vehicles will be sold at auction and the proceeds, if any,
will be disbursed according to Minnesota State Statute.
Budget Impact:
None
Page 98 of 231
*S.D.1.
Shakopee City Council
November 6, 2019
FROM: Kirby Templin, Water Resource/Environmental Engineer
TO: Mayor and Council Members
Subject:
Passthrough Funding Agreements with Lower Minnesota River Watershed District for
Grant Funding
Policy/Action Requested:
Approve the passthrough funding agreements with Lower Minnesota River Watershed
District for grant funding for the Prior Lake Outlet Channel Realignment/Wetland
Restoration project and for the Targeted BMPs for Downtown Shakopee Area.
Recommendation:
Approve the agreements.
Discussion:
There was a pilot grant program in 2018 through the Board of Water and Soil Resources
(BWSR) called Watershed Based Funding through which the Lower Minnesota River
Watershed District (LMRWD) received grant funding. The City of Shakopee partnered
with LMRWD and identified two projects to receive grant funding through this pilot grant
program.
The first project that was identified is "Targeted BMPs for Downtown Shakopee Area".
The grant funding for this project will be used to complete a study that evaluates Best
Management Practices (BMPs) in the downtown Shakopee area where there is currently
little to no water quality treatment prior to stormwater discharging to the Minnesota River.
This study will help identify, evaluate, and prioritize BMPs that can be used for future
planning to meet water quality requirements for redevelopment that will occur within this
area. This study will also provide information that is needed to apply for grant funding for
construction of BMPs that are identified through this study. This study will help identify
areas to implement projects as part of the NE Shakopee Storm Water BMP Retrofit Project
Storm-22-001 that is identified in the city's Capital Improvement Plan (see attached CIP
summary sheet).
Page 99 of 231
The second passthrough funding agreement with Lower Minnesota River Watershed
District is identified as the "Prior Lake Outlet Channel Realignment/Wetland Restoration".
The grant funding will be used to evaluate, design, and construct water quality improvement
features in the Ridge Creek Park project. This study will supplement funding as part of the
Ridge Creek Park and Prior Lake Outlet Channel Improvement Project PR-19-OO1 that is
identified in the city's Capital Improvement Plan (see attached CIP summary sheet).
Budget Impact:
The combined grant funding for the two projects is $96,570. The City of Shakopee will
need to provide a ten percent (1O%) funding match as part of the agreement. The ten
percent (1O%) funding match for the two projects totals $9,657 and will come from the
Storm Drainage Fund as part of the respective projects.
ATTACHMENTS:
D Pass Through Funding Agreement for Targeted BMPs for Downtown Shakopee Area
D Pass Through Funding Agreement for Prior Lake Outlet Channel Realignment
CIP Summary Sheet - Downtown BMPs
CIP Summary Sheet - Ridge Creek
Page 100 of 231
AGREEMENT FOR PASSTHROUGH FUNDING FOR TARGETED BMPS FOR DOWNTOWN SHAKOPEE AREA
This agreement, made and entered into this day of 2019, by and between the Lower
Minnesota River Watershed District a public body with purposes and powers set forth in Minnesota
Statutes Chapters 103B and 103D, hereafter referred to as the "LMRWD" and the city of Shakopee, a
body politic and corporate of the state of Minnesota, hereinafter referred to as the "City".
RECITALS:
WHEREAS, the City and the LMRWD desire to improve storm water quality; and
WHEREAS, the LMRWD and the City worked together to include funding for an activity titled
"Targeted BMPs for downtown Shakopee area" to be led by the City as part of the 2019 - Watershed
Based Funding Metro (Lower Minnesota River WD) Grant hereinafter referred to as the "Activity";
and
WHEREAS, the 2019 - Watershed Based Funding Metro (Lower Minnesota River WD) Grant work plan
has been approved by the MN Board of Water and Soil Resources (BWSR) and the contract for
associated state grant funding is with the LMRWD; and
WHEREAS the Activity work plan and grant award includes up to Twenty Five Thousand and 00/100
Dollars ($25,000) for the Activity being led by the City; and
WHEREAS, the Activity Work Plan includes a 10% match requirements up to Two Thousand Five
Hundred and 00/100 Dollars ($2,500) to be provided by the City.
NOW, THEREFORE, IT IS HEREBY AGREED:
1. The recitals set forth in the whereas clauses above are incorporated by reference as if fully set forth
herein; and
2. This Activity as described in the approved work plan consists of analysis of current storm water
system in downtown Shakopee and identification of opportunities to implement BMPs before
stormwater is discharged in to the Minnesota River; and
3. A 10 percent match to grant funds will be provided by the city of Shakopee; and
4. Milestones include: 1) execution of a grant agreement between the LMRWD and the City for
completion of the Activity; 2) starting the Activity in 2019 or early 2020; and 3) completing the
Activity in either 2020 or early 2021. It is anticipated that the Activity will include identification of
opportunities, analysis of opportunities (water quality benefits, technical, physical and permitting)
cost estimates and concept design(s); and
5. The Activity will be completed by an engineering firm under the direction of City's Public Works
Director, or his/her designee; and
6. The city will comply with all of the terms and conditions of the grant agreement between the
LMRWD and the granting agency as set forth in the grant agreement included as exhibit A. This
includes the responsibility for timely completion of the reporting as required in BWSR's a -link
system for this Activity; and
Page 101 of 231
7. The LMRWD shall reimburse the City for actual allowed costs related to the Activity, not to exceed
Twenty Thousand and 00/100 Dollars ($20,000). Reimbursements shall be made within thirty (30)
days after receipt of invoices documenting incurred expenses and the required proportional City
match. Final payment will be made following confirmation that the city has completed all required
reporting for the Activity in BWSR's a -link system.
8. Neither party, its officers, agents or employees, either in their individual or official capacity, shall be
responsible or liable in any manner to the other party for any claim, demand, action or cause of
action of any kind or character arising out of, allegedly arising out of or by reason of the
performance, negligent performance or nonperformance of the described maintenance, restoration,
repair or replacement work by the other party, or arising out of the negligence of any contractor
under any contract let by the other party for the performance of said work; and each party agrees to
defend, save, keep and hold harmless the other, its officers, agents and employees from all claims,
demands, actions or causes of actions arising out of the negligent performance by its officers agents
or employees; and
9. It is further agreed that neither party to this Agreement shall be responsible or liable to the other or
to any other person or entity for any claims, damages, actions, or causes of actions of any kind or
character arising out of, allegedly arising out of or by reason of the performance, negligent
performance or nonperformance of any work or part hereof by the other as provided herein; and
each party further agrees to defend at its sole cost and expense and indemnify the other party for
any action or proceeding commenced for the purpose of asserting any claim of whatsoever
character arising in connection with or by virtue of performance of its own work as provided herein.
Each party's obligation to indemnify the other under this clause shall be limited in accordance with
the statutory tort liability limitation as set forth in Minnesota Statutes Chapter 466.0 to limit each
party's total liability for all claims arising from a single occurrence, include the other party's claim for
indemnification, to the limits prescribed under 466.04. It is further understood and agreed that the
Parties' total liability shall be limited by Minnesota Statutes Chapter 471.59, Subdivision 1(a) as a
single governmental unit; and
10. It is further agreed that any and all employees of each party and all other person engaged by a party
in the performance of any work or service required or provided herein to be performed by the party
shall not be considered employees, agents or independent contractors of the other party, and that
any and all claims that may or might arise under the Worker's Compensation Act or the
Unemployment Compensations Act of the State of Minnesota on behalf of said employees while so
engaged and any and all claims made by any third parties as a consequence of any act or omission
on the part of said employees while so engaged shall be the sole responsibility of the employing
party and shall not be the obligation or responsibility of the other party; and
11. Pursuant to Minnesota Statutes Chapter 16C.05, Subdivision 5, the books, records, documents and
accounting procedures and practices of the LMRWD and the City pursuant to the Agreement shall be
subject to examination by the LMRWD, the City and the State Auditor. Complete and accurate
records of the work performed pursuant to this Agreement shall be kept by the LMRWD and the City
for a minimum of six (6) years following termination of this Agreement for such auditing purposes.
The retention period shall be automatically extended during the course of any administrative or
judicial action involving the LMRWD or the City regarding matters to which the records are relevant.
Page 102 of 231
The retention period shall be automatically extended until the administrative or judicial action is
finally completed or until the authorized agent of the LMRWD or the City notifies each party in
writing that the records no longer need to be kept; and
12. The laws of the State of Minnesota shall govern all questions and interpretations concerning the
validity and construction of this Agreement and the legal relations between the parties and
performance under it. The appropriate venue and jurisdiction for any litigation hereunder shall be
those courts located within the County of Scott, State of Minnesota. Litigation, however, in the
federal courts involving the parties shall be in the appropriate federal court within the State of
Minnesota; and
13. In the event any provision of this Agreement shall be held invalid and unenforceable, the remaining
provisions shall be valid and binding upon the parties unless such invalidity or non -enforceability
would cause the Agreement to fail its purpose. One or more waivers by either party of any
provision, term, condition or covenant shall not be construed by the other party as a waiver of a
subsequent breach of the same by the other party; and
14. Any notice or demand, authorized or required under this Agreement shall be in writing and shall be
sent by certified mail to the other party as follows:
To the LMRWD:
To the City:
Lower Minnesota River Watershed District
Linda Loomis, Administrator, her designees, successors or assigns
112 East Fifth Street, Suite #102
Chaska, MN 55318
City of Shakopee
Kirby Templin, Water Resource - Environmental Engineer, his designees,
successors or assigns
485 Gorman Street
Shakopee, MN 55379
Page 103 of 231
IN TESTIMONY WHEREOF, The parties hereto have caused this Agreement to be executed by their
respective authorized officers as of this day and year first above written.
LOWER MINNESOTA RIVER WATERSHED DISTRICT: CITY OF SHAKOPEE:
By: Jesse Hartmann, President By: Bill Mars, Mayor
Date: Date:
Approved as to form & execution:
District counsel
By: William H Reynolds, City Administrator
Date:
Page 104 of 231
BOARD OF WATER
AND SOIL RESOURCES
111111111111111111111111
FY 2019 STATE OF MINNESOTA
BOARD OF WATER and SOIL RESOURCES
WATERSHED BASED FUNDING GRANTS PROGRAM
GRANT AGREEMENT
VNT:
Date Paid:
This Grant Agreement is between the State of Minnesota, acting through its Board of Water and Soil Resources (Board)
and Lower Minnesota River WD,10901 Riverview Road Eden Prairie Minnesota 55347 (Grantee).
This grant is for the following Grant Programs
P 9
1.9 - Watershed Based Fund it g Metro (Lower Minnesota River WI)
Total Grant Awarded; $182,042
182 042
Recitals
1. The Laves of Minnesota 2017, Chapter 01, Article 2, Section 7 (a), appropriated Clean Water Funds (CWF) to the Board for
the FY 2019 Watershed -based Funding Pilot Program,
2, The Board adopted the Clean Water Fund Watershed -based Funding Pilot Program Policy and authorized the Watershed -
based Funding Pilot Program Grants through Board Resolution 17-96.
3. The Board adopted Board Resolution 17-96 to allocate funds for the FY 2019 Watershed -based Funding Pilot Program.
4. The Grantee has submitted a BWSR approved work plan for this Program which is incorporated into this agreement by
reference,
5, The Grantee represents that it is duly qualified and agrees to perform all services described in this grant agreement to the
satisfaction of the State.
6. As a condition of the grant, Grantee agrees to minimize administration costs.
Authorized Representative
The State's Authorized Representative is Marcey Westrick, Clean Water Coordinator, RWPR, 520 Lafayette Road North, Saint Paul,
MN 55155, 651-284-4153, or her successor, and has the responsibility to monitor the Grantee's performance and the authority to
accept the services and performance provided under this Grant Agreement.
The Grantees Authorized Representative is: TITLE L, dikk y Lis Od
ADDRESS ( l e,ws-fret:Tr- io.
CITY s: ,aj a , =)
m .5- I eit),
TELEPHONE NUMBER 3 s45.
if the Grantee's Authorized Representative changes at anytime duringthis Grant A� reement the brad e must imrnediatel
R � � � y
notify the Board,
Grant Agreement
1, Term of Grant Agreement,
1.1. Effective date: The date the Board obtains all required signatures under Minn, Stat. § 168.98, Subd.S. The State's
Authorized Representative will notify the Grantee when this grant agreement has been executed. The Grantee roust
not begin work under this grant agreement until it is executed.
1,2. Expiration dote: December 31, 2021, or until all obligations have been satisfactorily fulfilled, whichever carves first.
1,3, Survival of Terms: The following clauses survive the expiration or cancellation of this Agreement: 7, Liability; 8, State
Audits; 9. Government Data Practices; 11. Publicity and Endorsement; 12. Governing Law, Jurisdiction, and Venue; 14,
Data Disclosure; and 18. Intellectual Property Rights.
Page 1 of 4
Page 105 of 231
Grantee's Duties.
The Grantee will comply with required grants management policies and procedures set forth through Minn,. Stat. § 16B,97,
Subd, 4(a)(1).The Grantee is responsible for the specific duties for the Program as follows:
2.1, implementation: The Grantee will implement their work plan, which is incorporated into this Agreement by reference,
2,2. Reporting: All data and information provided in a Grantee's report shall be considered public.
2,2.1. The Grantee will submit an annual progress report to the Board by February 1 of each year on the status of
program implementation by the Grantee. information provided must conform to the requirements and formats set
by the Board. All individual grants aver $S00,000 will also require a reporting of expenditures by June 30 of each
year.
2.2,2, The Grantee will prominently display on its website the Clean Water Legacy Logo and a link to the Legislative
Coordinating Commission website,
2.2.3, Final Progress Report; The Grantee Will submit a final progress report to the Board by February 1, 2022 or within
30 days of completion of the project, whichever occurs sooner. Information provided must conform to the
requirements and formats set by the Board.
2.3. Match: The Grantee will ensure any local match requirement will be provided as stated in Grantee's approved work
plan.
3. Time. The Grantee must comply with all the time requirements described in this Grant Agreement, In the performance of
this Grant Agreement, time is of the essence.
4. Terms of Payment.
4.1. Grant funds will be distributed in three installments: J.) The first payment of 50% will be distributed after the execution
of the Grant Agreement, 2) The second payment of 40% will be distributed after the first payment of '50% has been
expended and reporting requirements have been rnet. An eLUNK interim Financial Report that summarizes expenditures
of the first 50% must be signed by the Grantee and approved by BWSR. Selected grantees may be required at this point
to submit documentation of the expenditures reported on the interim Financial Report for verification. 3) The third
payment of 10% will be distributed after the grant has been fully expended and reporting requirements are rnet. The
final, 10% payment must be requested within 30 days of the expiration date of the Grant Agreement. An eLlNK Final
Financial Report that summarizes final expenditures for the grant must be signed by the grantee and approved by
BWSR.
4.2. All costs must be incurred within the grant period.
4,3. All incurred costs must be paid before the amount of unspent grant funds is determined. unspent grant funds must be
returned within 30 days of the expiration date of the Grant Agreement,
4.4. The obligation of the State under this Grant Agreement will not exceed the amount stated above.
4,5, This grant includes an advance payment of 50 percent of the grant's total amount. Advance payments allow the grantee
to have adequate operating capital for startup costs, ensure their financial commitment to landowners and contractors,
and to better schedule work into the future.
5. Conditions of Payment. Ail services provided by the Grantee under this Grant Agreement must be performed to the State's
satisfaction, as set forth in this Agreement and in the BWSR approved work plan for this program. Compliance will be
determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal,
State, and local laws, policies, ordinances, rules, FY 2018 Clean Water Fund Competitive Grants Policy, and regulations, All
Grantees must follow the Grants Administration Manual policy, Minnesota Statutes §103C.401 (2014) establishes BWSR's
obligation to assure program compliance. If the noncompliance is severe, or if work under the grant agreement is found by
BWSR to be unsatisfactory or performed in violation of federal, state, or local law, BWSR has the authority to require the
repayment of grant funds, or an additional penalty. Penalties can be assessed at a rate up to 150 of the grant agreement.
6. Assignment, Amendments, and Waiver.
6.1, Assignment. The Grantee may neither assign nor transfer any rights or obligations under this Grant Agreement without.
the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties
who executed and approved this Grant Agreement, or their successors in office.
6.2. Amendments. Any amendment to this Grant Agreement must be in writing and will not be effective until it has been
executed and approved by the same parties who executed and approved the original Grant Agreement, or their
successors in office} Amendments must be executed prior to the expiration of the original agreement or any
amendments thereto.
6.3, Waiver. If the State fails to enforce any provision of this Grant Agreement, that failure does not waive the provision or its
Page 2 of 4
Page 106 of 231
right to enforce it.
7. Liability. The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or
causes of action, including attorney's fees incurred by the State, arising from the performance of this Grant Agreement by the
Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may
have for the State's failure to fulfill its obligations under this Grant Agreement.
8. State Audits. Under Minn. Stat§ 168.98, subd. 8, the Grantee's books, records, documents, and accounting procedures and
practices of the Grantee or other party relevant to this Grant Agreement or transaction are subject to examination by the
Board and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Grant
Agreement, receipt and approval of all final reports, or the required period of time to satisfy all State and program retention
requirements, whichever is later.
8.1. The books, records, documents, accounting procedures and practices of the Grantee and its designated local units of
government and contractors relevant to this grant, may be examined at any time by the Board or Board's designee and
are subject to verification. The Grantee or delegated local unit of government will maintain records relating to the
receipt and expenditure of grant funds,
9. Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn.
Stat, Ch. 13, as it applies to all data provided by the State under this Agreement, and as it applies to all data created,
collected, received, stored, used, maintained, or disseminated by the Grantee under this Grant Agreement. The civil remedies
of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State.
10. Workers' Compensation. The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to
workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees,
Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims
made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's
obligation or responsibility,
11. Publicity and Endorsement,
11.1. Publicity. Any publicity regarding the subject matter of this Grant Agreement must identify the Board as the sponsoring
agency. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research,
reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any
subcontractors, with respect to the program, publications, or services provided resulting from this Grant Agreement.
11.2. Endorsement. The Grantee must not claim that the State endorses its products or services,
12. Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its choice -of -law provisions, governs this Grant
Agreement, Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate State or federal
court with competent jurisdiction in Ramsey County, Minnesota.
13. Termination.
13.1.The State may cancel this Grant Agreement at any time, with or without cause, upon 30 days' written notice to the
Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services
satisfactorily performed,
13.2. In the event of a lawsuit, an appropriation from a Clean Water Fund is canceled to the extent that a court determines
that the appropriation unconstitutionally substitutes for a traditional source of funding,
13.3. The State may immediately terminate this grant contract if the State finds that there has been a failureto comply with
the provisions of this grant contract, that reasonable progress has not been made or that the purposes for which the
funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State
of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds
already disbursed.
14. Data Disclosure. Under Minn. Stat. § 270C.65, Subd: 3, and other applicable law, the Grantee consents to disclosure of its
social -security number, federal employer tax identification number, and/or Minnesota tax identification number, already
provided to the State, to federal and State tax agencies and State personnel involved in the payment of State obligations.
These identification numbers may be used in the enforcement of federal and State tax laws which could result in action
requiring the Grantee to file State tax returns and pay delinquent State tax liabilities, if any.
Page 3 of 4
Page 107 of 231
15. prevailing Wage. It is the responsibility of the Grantee or contractor to pay prevailing wages for projects that include
construction work of $25,000 or more, prevailing wage rules apply per Minn. Stat. 0177.41 through 177A4y All laborers and
mechanics employed by grant recipients and subcontractors funded in whole or in part with these State funds shall be paid
wages at rates not less than those prevailing on projects of a character similar in the locality x Bid requests must state the
project is subject to prevailing wage.
16. Municipal Contracting Law. Per Minn, Stat, §471.345, grantees that are municipalities as defined in 5ubd. 1 of this statute
must follow the Uniform Municipal Contracting Law, Supporting documentation of the bidding process utilized to contract
services must be included in the Grantee's financial records, including support documentation justifying a single/sole source
bid, if applicable;
17. Constitutional Compliance. It is the responsibility of the Grantee to comply with requirements of the Minnesota Constitution
regarding use of Clean Water Funds to supplement traditional sources of funding.
18 5lgnage. It is the responsibility of the Grantee to comply with requirements for project signage as provided in Minnesota
Laws 2010, Chapter 361, article 3, section 5 (b) for Clean Water Fund projects.
19. Intellectual Property Rights. The State owns all rights, title, and interest in all of the intellectual property rights, including
copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid far under
this grant Works means all inventions, improvements, discoveries (whether or not patentable), databases, computer
programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks
conceived, reduced to practice, created or originated by the Grantee, its employees, agents, and subcontractors, either
individually or jointly with others in the performance of this grant. Works includes "Documents," Documents are the originals
of any databases, computer programs, reports, notes; studies, photographs, negatives, designs, drawings, specifications,
materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Grantee, its employees,
agents, or subcontractors, in the performance of this grant- The Documents will be' the exclusive property of the State and ail
such Documents must be immediately returned to the State by the Grantee upon completion or cancellation of this grant at
the State's request. To the extent possible, those Works eligible for copyright protection under the United States Copyright
Act will be deemed to be "works made for hire;" The Grantee assigns all right, title, and interest it may have in the Works and
the Documents to the e State. The Grantee must, at the request of the State, execute all papers and perform all other acts
necessary to transfer or record the States ownership interest in the works and Documents.
IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be duly executed intending to be bound thereby.
Approved:
Lower Minnesota River WD
Board of Water and 5o1 Resources
By:
(print)
s� R
(signature)
Title: Fre6 . Q
Date:
Title: SS( S - SCC‘
te Date: G�y / ( ZO/C l
Page 4 of 4
Page 108 of 231
AGREEMENT FOR PASSTHROUGH FUNDING FOR PRIOR LAKE OUTLET CHANNEL
REALIGNMENT/WETLAND RESTORATION
This agreement, made and entered into this day of 2019, by and between the Lower
Minnesota River Watershed District a public body with purposes and powers set forth in Minnesota
Statutes Chapters 103B and 103D, hereafter referred to as the "LMRWD" and the city of Shakopee, a
body politic and corporate of the state of Minnesota, hereinafter referred to as the "City".
RECITALS:
WHEREAS, the City and the LMRWD desire to improve storm water quality; and
WHEREAS, the LMRWD and the City worked together to include funding for an activity titled "Prior
Lake Outlet Channel (hereafter referred as the "PLOC") Realignment/Wetland Restoration" to be led
by the City as part of the 2019 - Watershed Based Funding Metro (Lower Minnesota River WD) Grant
hereinafter referred to as the "Activity"; and
WHEREAS, the 2019 - Watershed Based Funding Metro (Lower Minnesota River WD) Grant work plan
has been approved by the MN Board of Water and Soil Resources (BWSR) and the grant agreement
for associated state grant funding is with the LMRWD; and
WHEREAS the Activity work plan and grant award includes up to Seventy One Thousand Five
Hundred Seventy and 00/100 Dollars ($71,570.00) for the Activity being led by the City; and
WHEREAS, the Activity Work Plan includes a 10% match requirements up to Seven Thousand One
Hundred Fifty Seven and 00/100 Dollars ($7,157.00) to be provided by the City; and
WHEREAS, the LMRWD Board of Managers agrees to contribute an additional $100,000 to the project
which is reflected in Table 4-1: Lower Minnesota River Watershed District — Implementation Program
Budget for 2018-2027.
NOW, THEREFORE, IT IS HEREBY AGREED:
1. The recitals set forth in the whereas clauses above are incorporated by reference as if fully set forth
herein; and
2. This Activity as described in the approved work plan consists of preparation of a feasibility study to
determine potential water quality benefits to Dean Lake and subsequently to the Minnesota River
downstream resulting from the restoration of the PLOC including altering the alignment (creating
meanders) and constructing a flow through wetland complex to slow the flow of water; and
3. A 10 percent match to grant funds will be provided by the city of Shakopee; and
4. Milestones include: 1) execution of a grant agreement between the LMRWD and the City for
completion of the Activity; 2) starting the Activity in 2019 or early 2020; and 3) completing the
Activity in either 2020 or early 2021. It is anticipated that the Activity will include modeling to
estimate water quality benefits, design, and construction of water quality improvements.
Page 109 of 231
5. The Activity will be completed by an engineering firm under the direction of City's Public Works
Director, or his/her designee; and
6. The city will comply with all of the terms and conditions of the grant agreement between the
LMRWD and the granting agency as set forth in the grant agreement included as exhibit A. This
includes the responsibility for timely completion of the reporting as required in BWSR's a -link
system for this Activity; and
7. The LMRWD shall reimburse the City for actual allowed costs related to the Activity, not to exceed
Seventy One Thousand Five Hundred Seventy and 00/100 Dollars ($71,570.00). Reimbursements
shall be made within thirty (30) days after receipt of invoices documenting incurred expenses and
the required proportional City match. Final payment will be made following confirmation that the
city has completed all required reporting for the Activity in BWSR's a -link system.
8. Neither party, its officers, agents or employees, either in their individual or official capacity, shall be
responsible or liable in any manner to the other party for any claim, demand, action or cause of
action of any kind or character arising out of, allegedly arising out of or by reason of the
performance, negligent performance or nonperformance of the described maintenance, restoration,
repair or replacement work by the other party, or arising out of the negligence of any contractor
under any contract let by the other party for the performance of said work; and each party agrees to
defend, save, keep and hold harmless the other, its officers, agents and employees from all claims,
demands, actions or causes of actions arising out of the negligent performance by its officers agents
or employees; and
9. It is further agreed that neither party to this Agreement shall be responsible or liable to the other or
to any other person or entity for any claims, damages, actions, or causes of actions of any kind or
character arising out of, allegedly arising out of or by reason of the performance, negligent
performance or nonperformance of any work or part hereof by the other as provided herein; and
each party further agrees to defend at its sole cost and expense and indemnify the other party for
any action or proceeding commenced for the purpose of asserting any claim of whatsoever
character arising in connection with or by virtue of performance of its own work as provided herein.
Each party's obligation to indemnify the other under this clause shall be limited in accordance with
the statutory tort liability limitation as set forth in Minnesota Statutes Chapter 466.0 to limit each
party's total liability for all claims arising from a single occurrence, include the other party's claim for
indemnification, to the limits prescribed under 466.04. It is further understood and agreed that the
Parties' total liability shall be limited by Minnesota Statutes Chapter 471.59, Subdivision 1(a) as a
single governmental unit; and
10. It is further agreed that any and all employees of each party and all other person engaged by a party
in the performance of any work or service required or provided herein to be performed by the party
shall not be considered employees, agents or independent contractors of the other party, and that
any and all claims that may or might arise under the Worker's Compensation Act or the
Unemployment Compensations Act of the State of Minnesota on behalf of said employees while so
engaged and any and all claims made by any third parties as a consequence of any act or omission
on the part of said employees while so engaged shall be the sole responsibility of the employing
party and shall not be the obligation or responsibility of the other party; and
Page 110 of 231
11. Pursuant to Minnesota Statutes Chapter 16C.05, Subdivision 5, the books, records, documents and
accounting procedures and practices of the LMRWD and the City pursuant to the Agreement shall be
subject to examination by the LMRWD, the City and the State Auditor. Complete and accurate
records of the work performed pursuant to this Agreement shall be kept by the LMRWD and the City
for a minimum of six (6) years following termination of this Agreement for such auditing purposes.
The retention period shall be automatically extended during the course of any administrative or
judicial action involving the LMRWD or the City regarding matters to which the records are relevant.
The retention period shall be automatically extended until the administrative or judicial action is
finally completed or until the authorized agent of the LMRWD or the City notifies each party in
writing that the records no longer need to be kept; and
12. The laws of the State of Minnesota shall govern all questions and interpretations concerning the
validity and construction of this Agreement and the legal relations between the parties and
performance under it. The appropriate venue and jurisdiction for any litigation hereunder shall be
those courts located within the County of Scott, State of Minnesota. Litigation, however, in the
federal courts involving the parties shall be in the appropriate federal court within the State of
Minnesota; and
13. In the event any provision of this Agreement shall be held invalid and unenforceable, the remaining
provisions shall be valid and binding upon the parties unless such invalidity or non -enforceability
would cause the Agreement to fail its purpose. One or more waivers by either party of any
provision, term, condition or covenant shall not be construed by the other party as a waiver of a
subsequent breach of the same by the other party; and
14. Any notice or demand, authorized or required under this Agreement shall be in writing and shall be
sent by certified mail to the other party as follows:
To the LMRWD:
To the City:
Lower Minnesota River Watershed District
Linda Loomis, Administrator, her designees, successors or assigns
112 East Fifth Street, Suite #102
Chaska, MN 55318
City of Shakopee
Kirby Templin, Water Resource - Environmental Engineer, his designees,
successors or assigns
485 Gorman Street
Shakopee, MN 55379
Page 111 of 231
IN TESTIMONY WHEREOF, The parties hereto have caused this Agreement to be executed by their
respective authorized officers as of this day and year first above written.
LOWER MINNESOTA RIVER WATERSHED DISTRICT: CITY OF SHAKOPEE:
By: Jesse Hartmann, President By: Bill Mars, Mayor
Date: Date:
Approved as to form & execution:
District counsel
By: William H. Reynolds, City Administrator
Date:
Page 112 of 231
BOARD OF WATER
AND SOIL RESOURCES
111111111111111111111111
FY 2019 STATE OF MINNESOTA
BOARD OF WATER and SOIL RESOURCES
WATERSHED BASED FUNDING GRANTS PROGRAM
GRANT AGREEMENT
VNT:
Date Paid:
This Grant Agreement is between the State of Minnesota, acting through its Board of Water and Soil Resources (Board)
and Lower Minnesota River WD,10901 Riverview Road Eden Prairie Minnesota 55347 (Grantee).
This grant is for the following Grant Programs
P 9
1.9 - Watershed Based Fund it g Metro (Lower Minnesota River WI)
Total Grant Awarded; $182,042
182 042
Recitals
1. The Laves of Minnesota 2017, Chapter 01, Article 2, Section 7 (a), appropriated Clean Water Funds (CWF) to the Board for
the FY 2019 Watershed -based Funding Pilot Program,
2, The Board adopted the Clean Water Fund Watershed -based Funding Pilot Program Policy and authorized the Watershed -
based Funding Pilot Program Grants through Board Resolution 17-96.
3. The Board adopted Board Resolution 17-96 to allocate funds for the FY 2019 Watershed -based Funding Pilot Program.
4. The Grantee has submitted a BWSR approved work plan for this Program which is incorporated into this agreement by
reference,
5, The Grantee represents that it is duly qualified and agrees to perform all services described in this grant agreement to the
satisfaction of the State.
6. As a condition of the grant, Grantee agrees to minimize administration costs.
Authorized Representative
The State's Authorized Representative is Marcey Westrick, Clean Water Coordinator, RWPR, 520 Lafayette Road North, Saint Paul,
MN 55155, 651-284-4153, or her successor, and has the responsibility to monitor the Grantee's performance and the authority to
accept the services and performance provided under this Grant Agreement.
The Grantees Authorized Representative is: TITLE L, dikk y Lis Od
ADDRESS ( l e,ws-fret:Tr- io.
CITY s: ,aj a , =)
m .5- I eit),
TELEPHONE NUMBER 3 s45.
if the Grantee's Authorized Representative changes at anytime duringthis Grant A� reement the brad e must imrnediatel
R � � � y
notify the Board,
Grant Agreement
1, Term of Grant Agreement,
1.1. Effective date: The date the Board obtains all required signatures under Minn, Stat. § 168.98, Subd.S. The State's
Authorized Representative will notify the Grantee when this grant agreement has been executed. The Grantee roust
not begin work under this grant agreement until it is executed.
1,2. Expiration dote: December 31, 2021, or until all obligations have been satisfactorily fulfilled, whichever carves first.
1,3, Survival of Terms: The following clauses survive the expiration or cancellation of this Agreement: 7, Liability; 8, State
Audits; 9. Government Data Practices; 11. Publicity and Endorsement; 12. Governing Law, Jurisdiction, and Venue; 14,
Data Disclosure; and 18. Intellectual Property Rights.
Page 1 of 4
Page 113 of 231
Grantee's Duties.
The Grantee will comply with required grants management policies and procedures set forth through Minn,. Stat. § 16B,97,
Subd, 4(a)(1).The Grantee is responsible for the specific duties for the Program as follows:
2.1, implementation: The Grantee will implement their work plan, which is incorporated into this Agreement by reference,
2,2. Reporting: All data and information provided in a Grantee's report shall be considered public.
2,2.1. The Grantee will submit an annual progress report to the Board by February 1 of each year on the status of
program implementation by the Grantee. information provided must conform to the requirements and formats set
by the Board. All individual grants over $S00,000 will also require a reporting of expenditures by June 30 of each
year.
2.2,2, The Grantee will prominently display on its website the Clean Water Legacy Logo and a link to the Legislative
Coordinating Commission website,
2.2.3, Final Progress Report; The Grantee Will submit a final progress report to the Board by February 1, 2022 or within
30 days of completion of the project, whichever occurs sooner. Information provided must conform to the
requirements and formats set by the Board.
2.3. Match: The Grantee will ensure any local match requirement will be provided as stated in Grantee's approved work
plan.
3. Time. The Grantee must comply with all the time requirements described in this Grant Agreement, In the performance of
this Grant Agreement, time is of the essence.
4. Terms of Payment.
4.1. Grant funds will be distributed in three installments: J.) The first payment of 50% will be distributed after the execution
of the Grant Agreement, 2) The second payment of 40% will be distributed after the first payment of '50% has been
expended and reporting requirements have been rnet. An eLUNK interim Financial Report that summarizes expenditures
of the first 50% must be signed by the Grantee and approved by BWSR. Selected grantees may be required at this point
to submit documentation of the expenditures reported on the interim Financial Report for verification. 3) The third
payment of 10% will be distributed after the grant has been fully expended and reporting requirements are rnet. The
final, 10% payment must be requested within 30 days of the expiration date of the Grant Agreement. An eLlNK Final
Financial Report that summarizes final expenditures for the grant must be signed by the grantee and approved by
BWSR.
4.2. All costs must be incurred within the grant period.
4,3. All incurred costs must be paid before the amount of unspent grant funds is determined. unspent grant funds must be
returned within 30 days of the expiration date of the Grant Agreement,
4.4. The obligation of the State under this Grant Agreement will not exceed the amount stated above.
4,5, This grant includes an advance payment of 50 percent of the grant's total amount. Advance payments allow the grantee
to have adequate operating capital for startup costs, ensure their financial commitment to landowners and contractors,
and to better schedule work into the future.
5. Conditions of Payment. Ail services provided by the Grantee under this Grant Agreement must be performed to the State's
satisfaction, as set forth in this Agreement and in the BWSR approved work plan for this program. Compliance will be
determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal,
State, and local laws, policies, ordinances, rules, FY 2018 Clean Water Fund Competitive Grants Policy, and regulations, All
Grantees must follow the Grants Administration Manual policy, Minnesota Statutes §103C.401 (2014) establishes BWSR's
obligation to assure program compliance. If the noncompliance is severe, or if work under the grant agreement is found by
BWSR to be unsatisfactory or performed in violation of federal, state, or local law, BWSR has the authority to require the
repayment of grant funds, or an additional penalty. Penalties can be assessed at a rate up to 150 of the grant agreement.
6. Assignment, Amendments, and Waiver.
6.1, Assignment. The Grantee may neither assign nor transfer any rights or obligations under this Grant Agreement without.
the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties
who executed and approved this Grant Agreement, or their successors in office.
6.2. Amendments. Any amendment to this Grant Agreement must be in writing and will not be effective until it has been
executed and approved by the same parties who executed and approved the original Grant Agreement, or their
successors in office} Amendments must be executed prior to the expiration of the original agreement or any
amendments thereto.
6.3, Waiver. If the State fails to enforce any provision of this Grant Agreement, that failure does not waive the provision or its
Page 2 of 4
Page 114 of 231
right to enforce it.
7. Liability. The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or
causes of action, including attorney's fees incurred by the State, arising from the performance of this Grant Agreement by the
Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may
have for the State's failure to fulfill its obligations under this Grant Agreement.
8. State Audits. Under Minn. Stat§ 168.98, subd. 8, the Grantee's books, records, documents, and accounting procedures and
practices of the Grantee or other party relevant to this Grant Agreement or transaction are subject to examination by the
Board and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Grant
Agreement, receipt and approval of all final reports, or the required period of time to satisfy all State and program retention
requirements, whichever is later.
8.1. The books, records, documents, accounting procedures and practices of the Grantee and its designated local units of
government and contractors relevant to this grant, may be examined at any time by the Board or Board's designee and
are subject to verification. The Grantee or delegated local unit of government will maintain records relating to the
receipt and expenditure of grant funds,
9. Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn.
Stat, Ch. 13, as it applies to all data provided by the State under this Agreement, and as it applies to all data created,
collected, received, stored, used, maintained, or disseminated by the Grantee under this Grant Agreement. The civil remedies
of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State.
10. Workers' Compensation. The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to
workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees,
Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims
made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's
obligation or responsibility,
11. Publicity and Endorsement,
11.1. Publicity. Any publicity regarding the subject matter of this Grant Agreement must identify the Board as the sponsoring
agency. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research,
reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any
subcontractors, with respect to the program, publications, or services provided resulting from this Grant Agreement.
11.2. Endorsement. The Grantee must not claim that the State endorses its products or services,
12. Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its choice -of -law provisions, governs this Grant
Agreement, Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate State or federal
court with competent jurisdiction in Ramsey County, Minnesota.
13. Termination.
13.1.The State may cancel this Grant Agreement at any time, with or without cause, upon 30 days' written notice to the
Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services
satisfactorily performed,
13.2. In the event of a lawsuit, an appropriation from a Clean Water Fund is canceled to the extent that a court determines
that the appropriation unconstitutionally substitutes for a traditional source of funding,
13.3. The State may immediately terminate this grant contract if the State finds that there has been a failureto comply with
the provisions of this grant contract, that reasonable progress has not been made or that the purposes for which the
funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State
of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds
already disbursed.
14. Data Disclosure. Under Minn. Stat. § 270C.65, Subd: 3, and other applicable law, the Grantee consents to disclosure of its
social -security number, federal employer tax identification number, and/or Minnesota tax identification number, already
provided to the State, to federal and State tax agencies and State personnel involved in the payment of State obligations.
These identification numbers may be used in the enforcement of federal and State tax laws which could result in action
requiring the Grantee to file State tax returns and pay delinquent State tax liabilities, if any.
Page 3 of 4
Page 115 of 231
15. prevailing Wage. It is the responsibility of the Grantee or contractor to pay prevailing wages for projects that include
construction work of $25,000 or more, prevailing wage rules apply per Minn. Stat. 0177.41 through 177A4y All laborers and
mechanics employed by grant recipients and subcontractors funded in whole or in part with these State funds shall be paid
wages at rates not less than those prevailing on projects of a character similar in the locality x Bid requests must state the
project is subject to prevailing wage.
16. Municipal Contracting Law. Per Minn, Stat, §471.345, grantees that are municipalities as defined in 5ubd. 1 of this statute
must follow the Uniform Municipal Contracting Law, Supporting documentation of the bidding process utilized to contract
services must be included in the Grantee's financial records, including support documentation justifying a single/sole source
bid, if applicable;
17. Constitutional Compliance. It is the responsibility of the Grantee to comply with requirements of the Minnesota Constitution
regarding use of Clean Water Funds to supplement traditional sources of funding.
18 5lgnage. It is the responsibility of the Grantee to comply with requirements for project signage as provided in Minnesota
Laws 2010, Chapter 361, article 3, section 5 (b) for Clean Water Fund projects.
19. Intellectual Property Rights. The State owns all rights, title, and interest in all of the intellectual property rights, including
copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid far under
this grant Works means all inventions, improvements, discoveries (whether or not patentable), databases, computer
programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks
conceived, reduced to practice, created or originated by the Grantee, its employees, agents, and subcontractors, either
individually or jointly with others in the performance of this grant. Works includes "Documents," Documents are the originals
of any databases, computer programs, reports, notes; studies, photographs, negatives, designs, drawings, specifications,
materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Grantee, its employees,
agents, or subcontractors, in the performance of this grant- The Documents will be' the exclusive property of the State and ail
such Documents must be immediately returned to the State by the Grantee upon completion or cancellation of this grant at
the State's request. To the extent possible, those Works eligible for copyright protection under the United States Copyright
Act will be deemed to be "works made for hire;" The Grantee assigns all right, title, and interest it may have in the Works and
the Documents to the e State. The Grantee must, at the request of the State, execute all papers and perform all other acts
necessary to transfer or record the States ownership interest in the works and Documents.
IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be duly executed intending to be bound thereby.
Approved:
Lower Minnesota River WD
Board of Water and 5o1 Resources
By:
(print)
s� R
(signature)
Title: Fre6 . Q
Date:
Title: SS( S - SCC‘
teDate: G�y / ( /OM
Page 4 of 4
Page 116 of 231
Capital Improvement Plan
City of Shakopee, Minnesota
2020 thru 2024
Project #
Storm-22-001
Project Name NE Shakopee Storm Water BMP Retrofit
Accounting Code 5873/6873
Fund Surface Water Fund
Description
Department Storm Drainage Fund
Contact Public Works Director
Type Improvement
Useful Life
Category Storm Sewer/Drainage
Priority 3 Less Important/Future Consi
Status Active
Total Project Cost: S2,010,000
Stormwater projects focused on providing water quality treatment to untreated stormwater runoff that is routed directly to the Minnesota River.
Feasibility study is to be completed to identify best project locations. Potential locations include Market Street, County Road 17, Fuller Street, and
Adams Street.
Justification
This project will provide water quality benefits by reducing sediment and phosphorus to help meet water quality goals and NPDES MS4
requirements.
Expenditures
2020 2021 2022 2023 2024 Total
Improvements
Engineering/Administration
350,000
100,000
1,450,000
110,000
1,800,000
210,000
Funding Sources
Total 450,000
1,560,000 2,010,000
2020 2021 2022 2023 2024 Total
Grants
Storm Drainage Fund
100,000
350,000
1,560,000
100,000
1,910,000
Total 450,000
Budget Impact/Other
1,560,000 2,010,000
MPCA & EPA Standards requiring additional Pollution Prevention devices has not been mandated. POSSIBLE GRANT OPPORTUNITY
This may be mandated in the future. We are completing a feasibility study and identify project options and cost estimates in 2019. Will be able to
use study to update costs in 2020 CIP.
242
Page 117 of 231
Capital Improvement Plan
City of Shakopee, Minnesota
2020 thru 2024
Project #
Storm-22-001
Project Name NE Shakopee Storm Water BMP Retrofit
Department Storm Drainage Fund
Contact Public Works Director
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Page 118 of 231
Capital Improvement Plan
City of Shakopee, Minnesota
2020 thru 2024
Project #
PR-19-001
Project Name Ridge Creek Park & Prior Lake Outlet Channel Imp
Accounting Code 5862/6862
Fund Park Development Fund
Description
Department Park Development Fund
Contact Director of Planning & Develo
Type Improvement
Useful Life
Category Park Improvements
Priority 1 Critical for Safety/Preservati
Status Active
Total Project Cost: $3,850,000
The project was originally PR-19-001, revised to a 2020 project with an updated feasibility study estimate based on the Ridge Creek Park Vision
Plan. Based on this plan, the project will include the following improvements:
—Park Reserve Improvements: nature park amenities (trails, board walk, overlook and educational elements)
—Surface Water Improvements: realignment of the Prior Lake Outlet Channel; water quality improvements to reduce sediment and phosphorus;
wetland enhancement improvement. Surface water potential Grants: Lower Mn River WD $100,000; Prior Lake Outlet Channel (PLOC) $108,000;
Other Grants (State or Federal) $72,000; DNR (park) grant $250,000.
Justification
The land has been donated by developer as parkland, which will serve the adjacent community. The realignment of the PLOC is an identified need
as part of the PLOC Master Plan. Stormwater quality and wetland enhancement improvements will improve and enhance the surface water quality
and environment within the city, needed as a result of intensified local and regional development. This park will be the one of the city's first new
signature parks and provides a critical regional trail connection and will become a destination nature area.
Prior
250,000
Total
Prior
250,000
Total
Expenditures
2020 2021 2022 2023 2024 Total
Improvements
Engineering/Administration
3,390,000
210,000
3,390,000
210,000
Funding Sources
Total 3,600,000
3,600,000
2020 2021 2022 2023 2024 Total
Cost Sharing 210,000
Grants 320,000
Park Development Fund 2,090,000
Storm Drainage Fund 930,000
Tree Replacement Fund 50,000
210,000
320,000
2,090,000
930,000
50,000
Total 3,600,000
Budget Impact/Other
3,600,000
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Page 119 of 231
*5.D.2.
Shakopee City Council
November 6, 2019
FROM: Keith Raines, Public Works Superivsor
TO: Mayor and Council Members
Subject:
2019/2020 Snow Removal Routes for Sidewalk and Trails
Policy/Action Requested:
Approve the 2019/2020 sidewalk and trail snow removal routes.
Recommendation:
Approval of the action requested.
Discussion:
In accordance with City Code 90.04, after snow has ceased to be deposited, snow removal
on public sidewalks must be completed within 24 hours on commercial property and within
36 hours on property zoned other than commercial. As per City Council direction on
December 6, 1994, the Public Works Department shall maintain snow removal on all
sidewalks and trails that abut collector streets and county roadways. Property owners are
required to remove snow on all other sidewalks and trails along "local" streets. Per city
policy, plowing by the city is not required unless there is an accumulation of 2" or more.
The city has a total of 161.3 miles of sidewalks and trails. Last season through the winter of
2018/2019 the city plowed 80.lmiles. An additional 3.5 miles are recommended to be
added as follows:
• CH 17 (trail on the west side from Valley View Road to CH 78)
• Langdon Terrace Park (trail from Rymark Court to Blakewood Drive)
• CH 16 (trail along the north side of CH 16, from CH 83 to CH 21)
• CH 21 (trail along the west side of CH 21, from CH 16 north 1,000 ft to connect with trail
going under CH 21
• Crossings Blvd (new sidewalk and trail, from Riverside Fields to Pike Lake Road)
• Waterlily Way (new sidewalk on the north side of Waterlily Way)
Page 120 of 231
The total length of sidewalks and trails to be plowed during the winter of 2019/2020 is 83.6
miles (see attached 2019/2020 Sidewalk and Trail Snow Plowing Map).
Currently, Public Works staff use seven plowing routes for sidewalks and trails. Per city
policy, due to limited personnel available, the department plows sidewalks and trails only
after the majority of the streets are plowed. It is also policy that the designated trails should
be cleared as thoroughly as possible but need not be cleared of all ice and snow (e.g.
compacted snow) nor need they be maintained to bare pavement. Additionally, in extreme
snow events, it should be understood that the timelines for sidewalks and trails can be
delayed while focusing on the snow and ice control on the public roadways for safety
reasons.
Budget Impact:
Funding is included in the current budgets for 2019 and for 2020.
ATTACHMENTS:
D Sidewalk and Trail Snow removal
Page 121 of 231
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Shakopee City Council
November 6, 2019
FROM: Steve Lillehaug, City Engineer/Public Works Director
TO: Mayor and Council Members
Subject:
Professional Services Agreement with SRF Consulting Group, Inc., for the Marystown
Road/Adams Street Corridor Study
Policy/Action Requested:
Authorize the execution of a professional services agreement with SRF Consulting Group,
Inc., for corridor study services for the Marystown Road/Adams Street Corridor
Improvement Project CIF-TBD-007.
Recommendation:
Authorize execution of the agreement.
Discussion:
The Capital Improvement Plan (CIP) identifies the future Marystown Road/Adams Street
Improvement Project CIF-TBD-007. The project is categorized as a "pending" project in
the CIP, indicating that the priority and funding are yet to be determined. Subsequent to
approving the CIP on September 17, 2019, a developer is now proceeding with the
development approval process for the quadrant of land located east of Marystown Road
between Trunk Highway 169 and County Road 16 (17th Avenue, located just west of the
Jackson Elementary School), referenced as the Trident Development. Additionally, the
traffic study portion of the Alternative Urban Areawide Review plan for the west end of
Shakopee and Jackson Township that is underway identifies the four intersections included
in this CIP project as needing intersection control improvements (e.g. roundabouts) in the
coming future once the traffic, level of service and safety conditions warrant
implementation.
Based on the current traffic conditions including the safety and access complaints
surrounding the Hy-Vee development, the substantial development of the Windermere area
and now the proposed Trident Development, the advancement of the Marystown
Road/Adams Street Improvement Project is warranted to ensure transportation safety is
Page 123 of 231
maintained within the corridor. With City Council approval, city staff is prepared to
immediately proceed with the preliminary design and study necessary to advance the actual
design and construction of the project, which is anticipated to be advanced to a 2021-22
construction.
The project is a complex, multi jurisdictional project that will involve key transportation
planning and approval measures including substantial agency coordination, data collection,
traffic analysis and reporting, four intersection control evaluations (ICE Reports), complex
concept layout design that coordinates with the Trunk Highway Interchange and the
existing bridge, bridge concept layout, cost estimating and a formal Interchange Revision
Request. Additionally, applications for state and federal funding are included as part of the
scope of work through the Highway Safety Improvement Fund and through the Regional
Federal Solicitation. City staff needs assistance from a design consultant to complete the
corridor study 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) $92,229 plus approval of 5%
contingency above the contract amount to cover potential study changes. This upfront study
work would be funded by the Capital Improvement Fund, with eventual overall project
funding to be developed that could including grant funds, abatement bonding, county
participation and developer participation.
ATTACHMENTS:
D Agreement
D CIP Summary Sheet
Page 124 of 231
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into on the 6th day of November, 2019, between the
CITY OF SHAKOPEE, 485 Gorman Street, Shakopee, MN 55379 ("City") and SRF
CONSULTING GROUP, INC., One 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:
Marystown Road/Adams Street Corridor Study Project CIF-TBD-007
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 November 6, 2019, through
November 6, 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 — Marystown Road/Adams Street Corridor Study
Professional Services Agreement
November 2019
Page 125 of 231
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 — Marystown Road/Adams Street Corridor Study
Professional Services Agreement
November 2019
Page 126 of 231
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 — Marystown Road/Adams Street Corridor Study
Professional Services Agreement
November 2019
Page 127 of 231
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 — Marystown Road/Adams Street Corridor Study
Professional Services Agreement
November 2019
Page 128 of 231
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 — Marystown Road/Adams Street Corridor Study
Professional Services Agreement
November 2019
Page 129 of 231
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: Its:
By:
Bill Mars, Mayor
Date:
SRF — Marystown Road/Adams Street Corridor Study
Professional Services Agreement
November 2019
Date:
Page 6
Page 130 of 231
SRF 13195. PP
October 28, 2019
Mr. Steve Lillehaug, PE, PTOE
Public Works Director/City Engineer
City of Shakopee
485 Gorman Street
Shakopee, MN 55379
Subject: Proposal for Professional Services for Marystown Road Corridor Study/Concept Layout
(CSAH 16 /17th Avenue to Vierling Drive)
Dear Mr. Lillehaug:
Based on your request, SRF Consulting Group, Inc. (SRF) is pleased to submit this proposal to provide
professional services for performing a corridor study and developing a concept plan view layout and
construction cost estimate for Marystown Road/Adams Street/CSAH 15 between 17th Avenue (CSAH
16) and Vierling Drive.
)10
We propose to carry out the work ("Scope of Services"), set forth in Attachment A, attached hereto
and incorporated into this Agreement.
The services generally include:
• Project Management and Agency Coordination with the City, Scott County and MnDOT.
• Data Collection (Existing RW, Park Info, and Aerial Photography) .
• Traffic Analysis and Reporting, including ICE analysis for the 4 intersections.
• Concept Color Layout (Plan View on Aerial Photograph) and Construction Cost Estimate.
• Bride Concept Layout and Construction Cost Estimate.
We have also included in our Scope of Services some optional tasks for consideration including:
• Development of a Funding Graphic for use in funding applications.
• Preparation of an HSIP Grant Application.
• Preparation of a Regional Solicitation Grant Application.
• Preparation of an Interchange Revision Request.
Specific design assumptions for the design are included in the Scope of Services, Attachment A,
attached hereto and incorporated into this Agreement.
www.srfconsu Iti ng.com
1 Carlson Parkway North, Suite 150 1 Minneapolis, MN 55447-4453 1 763.475.0010 Fax: 1.866.440.6364
An Equal Opportunity Employer
Page 131 of 231
Mr. Steve Lillehaug, PE
City of Shakopee
October 28, 2019
Page 2
, e u e
We will complete this work within a mutually agreed -upon time schedule. We currently understand the
City desires to begin the concept design in 2019 and be complete with the concept layout in the first
quarter of 2020.
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We propose to be reimbursed for our 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 submitted 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 base
services to be $74,796 which includes both time and expenses. The estimated cost of our services
including the optional task is $92,229.
00.1 n
e th
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.
IIIIII °IIIIII Illll,r n
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 and Barenscheer Boulevard.
Page 132 of 231
Mr. Steve Lillehaug, PE
City of Shakopee
October 28, 2019
Page 3
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@srfconsulting.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 CONSULTING GROUP, INC.
Michael R. Turner, PE (MN SD TX)
Principal
MRT/BC/rb
Attachment A — Scope of Services
r h
(signature)
Name
Title
Date
Brent Clark, PE (MN)
Senior Engineer
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: \Marketing\Proposals\2019 Letter Proposals\ 13195.PP Shakopee Marystown Rd Corridor Study\ 13195PPMarystoninProposal - 20191028.docx
Page 133 of 231
Capital Improvement Plan
City of Shakopee, Minnesota
2020 thru 2024
Project #
CIF-TBD-007
Project Name Marystown Rd/TH 169 Interchange & Trail Imp
Accounting Code
Fund Capital Improvement Fund
Description
Department Capital Improvements Fund
Contact Public Works Director
Type Improvement
Useful Life 30
Category Street Construction
Priority 2 Important -Provide Efficienci
Status Pending
Total Project Cost: $3,638,000
Interchange, intersection and access control improvements to improve safety and construct trail connections along Marystown Road/Adams
Street/CSAH 15 from 17th Avenue (CSAH 16) to Vierling Drive.
Justification
Improvements to the Interchange are for vehicle safety and to provide safe pedestrian crossings of the Marystown Road bridge over TH 169.
Intersection and access control improvements are needed to address increased traffic issues and existing access control issues at HyVee. Project
timing is dependent upon further need and successfully receiving state/federal/Municipal COOP funding support for the project. A 2018 funding
application was unsuccessful in receiving federal Local Road Improvement Funding from the state.
Expenditures
2020 2021 2022 2023 2024 Total
Construction/Maintenance
0 0
Total
Funding Sources
0 0
2020 2021 2022 2023 2024 Total
Capital Improvement Fund
0 0
Total
Budget Impact/Other
0 0
3,638,000
3,638,000
It is anticipated that this project would be prioritized once successful state/federal grant selection. Portions of this section has been turned back to
the City by the County; the southerly section south of the south ramp including the CSAH 16 intersection is under the county jurisdiction.
86
Page 134 of 231
Capital Improvement Plan
City of Shakopee, Minnesota
2020 thru 2024
Department Capital Improvements Fund
Contact Public Works Director
Project #
CIF-TBD-007
Project Name Marystown Rd/TH 169 Interchange & Trail Imp
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Page 135 of 231
8.A.
Shakopee City Council
November 6, 2019
FROM: Heidi Emerson, Deputy City Clerk
TO: Mayor and Council Members
Subject:
Approval of a currency exchange license for Excel Pawn Inc.
Policy/Action Requested:
Approve Resolution R2019-113, a resolution approving the application of Excel Pawn Inc.
dba Excel Pawn & Jewelry, 450 West First Avenue, for currency exchange license.
Recommendation:
Approve the above motion.
Discussion:
City Council is asked to conduct a public hearing on the application for renewal of a
currency exchange license for Excel Pawn Inc. The license allows them to engage in the
business of cashing checks, drafts, money orders, or traveler's checks for a fee.
The license is issued by the State of Minnesota. Current law requires that the local
municipality approve or deny the issuance of a license, after published notice and a public
hearing. The applicant has provided the State with the required $10,000 currency exchange
surety bonds.
The Chief of Police has advised that he is unaware of any reason for the city to object to
the granting of a currency exchange license to Excel Pawn Inc. dba Excel Pawn & Jewelry
located at 450 West First Avenue.
Budget Impact:
ATTACHMENTS
D Resolution # R2019-113
Page 136 of 231
RESOLUTION R2019-113
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA,
CONCURRING WITH THE MINNESOTA COMMISSIONER OF COMMERCE
IN ISSUING THE LICENSE OF EXCEL PAWN INC OF SHAKOPEE FOR A
CURRENCY EXCHANGE LICENSE
WHEREAS, Minnesota Statutes, Section 53A.04 states that the Minnesota Commissioner
of Commerce may not approve the issuance of a currency exchange license without the
concurrence of the City Council; and
WHEREAS, Excel Pawn Inc. dba Excel Pawn & Jewelry has applied for a currency
exchange license for a location at 450 West First Avenue; and
WHEREAS, the City has given published notice of its intention to consider this issue, has
solicited testimony from interested persons, and finds no basis to object to the Commissioner of
Commerce issuing the license.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA, that the City Council concurs in the Commissioner of
Commerce's decision to issue a currency exchange license to:
Excel Pawn Inc. dba Excel Pawn & Jewelry, 450 West First Avenue
Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held
this 6th day of November 2019.
ATTEST:
City Clerk
Mayor
Page 137 of 231
8.B.
Shakopee City Council
November 6, 2019
FROM: Steve Lillehaug, City Engineer/Public Works Director
TO: Mayor and Council Members
Subject:
Public Hearing for the Wood Duck Trail Reconstruction Project CIF-19-008.
Policy/Action Requested:
Adopt Resolution R2019-114, adopting assessments for the Wood Duck Trail
Reconstruction Project CIF-19-008.
Recommendation:
Adopt Resolution R2019-114.
Discussion:
On July 16, 2019, City Council adopted Resolution R2019-073, approving the plans and
specifications and ordering the advertisement for bids for the Wood Duck
Trail Reconstruction Project CIF-19-008. On August 20, 2019, City Council adopted
Resolution R2019-088, accepting the bids and awarding the contract for the Wood
Duck Reconstruction Project.
The project has subsequently been completed, and on October 15, 2019, City Council
adopted Resolution R2019-108, declaring the costs to be assessed, ordering the preparation
of proposed assessments and setting a public hearing date for November 6, 2019, for the
Wood Duck Trail Reconstruction Project CIF-19-008.
As indicated, this project is substantially complete, project costs are identified, and only
minor miscellaneous punch list items remain to be completed. City policy is to assess 30%
of the street improvements to the benefiting properties. Properties are recommended to be
assessed in accordance with the preliminary engineering report. Accordingly, the computed
assessment rate is $14,706 per lot. However, based on the special benefit appraisal analysis
conducted for this project, the final assessment amount is recommended to be capped at
$12,000 per unit/lot, noting that corner lots are assessed at 50 percent of the regular lot
amount.
Page 138 of 231
Attached to this memo is a map of the project area and the assessment roll for Council
consideration and adoption. A presentation of the final costs and assessments will be made
at the Council meeting.
Budget Impact:
The final project cost is $370,362.88, which consists of construction and
engineering/administration/legal costs. The following Costs and Funding Summary provides
the estimated amounts based on bid award and the final project amounts based on actual
costs.
Estimated Based Actual
On
Bid Award Final Amounts
COSTS
Construction Cost
Contingency
Subtotal
Eng/Admin/Legal
Total Project Cost
FUNDING
Capital Improvement Fund
Special Assessments
Storm Drainage Fund
Total Funding
ATTACHMENTS
D Assessment Map
D Resolution R2019-114
Assessment Roll
D Certificate of Completion
D Presentation
$ 335,908.20
$ 30,000.00
$ 365,908.20
$ 33,100.00
$ 399,008.20
$ 299,608.20
$ 66,000.00
$33,400.00
$ 399,008.20
$336,302.80
$5,000.00
$ 341,302.80
$29,060.08
$ 370,362.88
$ 277,162.88
$ 66,000.00
$27,200.00
$ 370,362.88
Page 139 of 231
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LEGEND
SINGLE FAMILY RESIDENTIAL
(PER LOT BASIS)
CORNER LOT
PROJECT BOUNDARY
2019 WOOD DUCK TRAIL RECONSTRUCTION
WOOD DUCK TRAIL AASESNMENT MAP
DATE:
MAY 2019
DRAWN BY:
RB
SHAKOPEE ENGINEERING DEPARTMENT
FIGURE:
2
RESOLUTION R2019-114
A Resolution Adopting Assessments for the
Wood Duck Trail Reconstruction
Project CIF-19-008
WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the
City of Shakopee met and heard and passed upon all objections to the proposed assessments of the
properties adjacent to Wood Duck Trail between Hohenstein Court and Maple Trail.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA THAT:
1. Such proposed assessment together with any amendments thereof, a copy of which is
attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment
against the lands named herein and each tract therein included is hereby found to be benefitted by the
proposed improvements in the amount of the assessments levied against it.
2. Such assessments shall be payable over a period of ten years, the first installment to be
payable on or before the first Monday in January 2020 and shall bear interest at the rate of 5.50 percent
per annum from the date of the adoption of this assessment resolution. To the first installment shall
be added the interest on the entire assessment from the date of this resolution until December 31, 2020
and to each subsequent installment when due shall be added the interest for one year on all unpaid
installments.
3. The owner of any property so assessed may, at any time prior to certification of the
assessment to the County Auditor, pay the whole of the assessment on such property, with interest
accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the
entire assessment is paid within thirty (30) days from the adoption of this resolution; the owner may
thereafter pay to the County Treasurer the installment and interest in process of collection on the
current tax list, and may pay the remaining principal balance of the assessment to the City Treasurer.
4. The Clerk shall file the assessment rolls pertaining to this assessment in her office and shall
certify annually to the County Auditor on or before November 30th of each year the total amount of
installments and interest on assessments on each parcel of land which are to become due in the
following year.
5. The work completed under said contract is hereby accepted and approved.
6. The City Clerk and Mayor are hereby directed to issue a proper order for the final payment
on such contract in the amount of $3,363.03, taking the contractor's receipt in full.
Adopted in session of the City Council of the City of
Shakopee, Minnesota, held this day of , 2019.
ATTEST:
Mayor of the City of Shakopee
City Clerk
Page 141 of 231
FINAL ASSESSMENT ROLL
2019 Wood Duck Trail Reconstruction - CIF19-008
STREET
ASSESSMENT
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SubdivisionName MAPLE TRAIL ESTATES 1ST ADDN Lot
005 Block 001 SubdivisionCd 27175
SubdivisionName MAPLE TRAIL ESTATES 1ST ADDN Lot
006 Block 001 SubdivisionCd 27175
SubdivisionName MAPLE TRAIL ESTATES 1ST ADDN Lot
007 Block 001 SubdivisionCd 27175
SubdivisionName MAPLE TRAIL ESTATES 1ST ADDN Lot
008 Block 001 SubdivisionCd 27175
SubdivisionName MAPLE TRAIL ESTATES 1ST ADDN Lot
001 Block 003 SubdivisionCd 27175
SubdivisionName MAPLE TRAIL ESTATES 1ST ADDN Lot
002 Block 003 SubdivisionCd 27175
SubdivisionName MAPLE TRAIL ESTATES 1ST ADDN Lot
003 Block 003 SubdivisionCd 27175
PROPERTY ADDRESS
1815 WOOD DUCK TRL
SHAKOPEE, MN 55379
1915 WOOD DUCK TRL
SHAKOPEE, MN 55379
2015 WOOD DUCK TRL
SHAKOPEE, MN 55379
2115 WOOD DUCK TRL
SHAKOPEE, MN 55379
1818 WOOD DUCK TRL
SHAKOPEE, MN 55379
1938 WOOD DUCK TRL
SHAKOPEE, MN 55379
2118 WOOD DUCK TRL
SHAKOPEE, MN 55379
PROPERTY OWNER
LEE MICHAEL A
1815 WOOD DUCK TRL
SHAKOPEE, MN 55379
SYBRANT JOSEPH L & LISA A
1915 WOOD DUCK TRL
SHAKOPEE, MN 55379
MAHOWALD BARRY L
2015 WOOD DUCK TRL
SHAKOPEE, MN 55379
SCHANHAAR STEPHEN J & DIANNE S
2115 WOOD DUCK TRL
SHAKOPEE, MN 55379
DOTY ERIC C & BONNIE J
1818 WOOD DUCK TRL E
SHAKOPEE, MN 55379
SIDES DARRELL W & LUANN
1938 WOOD DUCK TRL E
SHAKOPEE, MN 55379
JENNY JOSEPH E & PATRICIA P
2118 WOOD DUCK TRL E
SHAKOPEE, MN 55379
271750050
271750060
271750070
271750080
271750100
271750110
271750120
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Page 142 of 231
CERTIFICATE OF COMPLETION
CONTRACT NO: CIF-19-008 DATE: October 28, 2019
PROJECT DESCRIPTION: Wood Duck Trail Reconstruction
CONTRACTOR: Northwest Asphalt
1451 Stagecoach Rd
Shakopee, MN 55379
ORIGINAL CONTRACT AMOUNT $ 335,908.20
QUANTITY CHANGE AMOUNT $ -0-
CHANGE ORDER NO. THRU NO. AMOUNT $ -0-
FINAL CONTRACT AMOUNT $ 336,302.80
LESS PREVIOUS PAYMENTS $ 332,939.77
FINAL PAYMENT $ 3,363.03
I, hereby certify that the above described work was inspected under my direct supervision and
that, to the best of my belief and knowledge, I find that the same has been fully completed in all
respects according to the contract, together with any modifications approved by City Council.
I, therefore, recommend above specified final payment be made to the above named
Contractor.
Suf),._
Professional Engineer
Page 143 of 231
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8.C.
Shakopee City Council
November 6, 2019
FROM: Ryan Halverson, Assistant City Engineer
TO: Mayor and Council Members
Subject:
Public Hearing for the 2019 Street & Utility Reconstruction Project CIF-19-003.
Policy/Action Requested:
Adopt Resolution R2019-112, adopting assessments for the 2019 Street & Utility
Reconstruction Project CIF-19-003.
Recommendation:
Adopt Resolution R2019-112.
Discussion:
On March 5, 2019, City Council adopted Resolution R2019-030, approving the plans and
specifications and ordering the advertisement for bids for the 2019 Street & Utility
Reconstruction, Project CIF-19-003. On April 16, 2019, City Council adopted Resolution
R2019-047, accepting the bids and awarding the contract for the 2019 Street & Utility
Reconstruction Project.
The project has subsequently been completed, and on October 15, 2019, City Council
adopted Resolution R201 9-107, declaring the costs to be assessed, ordering the preparation
of proposed assessments, and setting a public hearing date for November 6, 2019, for the
2019 Street & Utility Reconstruction Project CIF-19-003.
This project is substantially complete, project costs are identified, and only minor
miscellaneous punch list items remain to be completed. City policy is to assess 30% of the
street improvements to the benefiting properties. Properties will be assessed in accordance
with the preliminary engineering report. The proposed assessment rate is as follows:
Typical single family residential: $4,299/lot
Institutional use: $71.65/ft
Page 154 of 231
Attached to this memo is a map of the project area and the assessment roll for Council
consideration and adoption. A presentation of the final costs and assessments will be made
at the Council meeting.
Budget Impact:
The final project cost is $1,245,555.28, which consists of construction costs and
engineering/administration/legal costs. A breakdown of the project funding is as follows:
Estimated (Contract
Award)
Actual (Final
Contract)
Construction Contract
$1,061,440
$1,080,967.50
Contigency
Const. Contract
Street Lighting
$ 66,915
$ 18,000
$ 14,895.73
$ 14,254.95
Subtotal
$1,146,355
$1,110,118.18
Eng/Ad/Legal
$ 137,563
$ 135,437.10
Total Costs
$1,283,918
$1,245,555.28
Estimated (Contract
Award)
Actual (Final
Contract)
Assessments
$ 132,254
$ 123,209.34
CIF
$ 713,280
$ 662,973.63
Sanitary Sewer Fund
$ 74,435
$ 70,292.09
Storm Sewer Fund
$ 205,367
$ 209,987.49
Shakopee Public
Utilities
$ 158,582
$ 179,092.73
Total Costs
$1,283,918
$1,245,555.28
ATTACHMENTS:
D Resolution R2019-112
D Assessment Maps
D Assessment Roll
D Certificate of Completion
D Presentation
Page 155 of 231
RESOLUTION R2019-112
A Resolution Adopting Assessments for the
2019 Street & Utility Reconstruction
Project CIF-19-003
WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the
City of Shakopee met and heard and passed upon all objections to the proposed assessments of:
Properties adjacent to Scott Street from 4th Avenue to 6th Avenue, 7th Avenue from
Sommerville Street to Spencer Street and Minnesota Street from 4th Avenue to south end of
cul-de-sac.
WHEREAS, pursuant to a written contract signed with the City of Shakopee on April 5,
2019, Ryan Contracting Co., has satisfactorily completed the 2019 Street & Utility Reconstruction
project in accordance with such contract.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA THAT:
1. Such proposed assessment together with any amendments thereof, a copy of which is
attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment
against the lands named herein and each tract therein included is hereby found to be benefitted by the
proposed improvements in the amount of the assessments levied against it.
2. Such assessments shall be payable over a period of ten years, the first installment to be
payable on or before the first Monday in January 2020, and shall bear interest at the rate of 5.50
percent per annum from the date of the adoption of this assessment resolution. To the first installment
shall be added the interest on the entire assessment from the date of this resolution until December
31, 2020 and to each subsequent installment when due shall be added the interest for one year on all
unpaid installments.
3. The owner of any property so assessed may, at any time prior to certification of the
assessment to the County Auditor, pay the whole of the assessment on such property, with interest
accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the
entire assessment is paid within thirty (30) days from the adoption of this resolution; the owner may
thereafter pay to the County Treasurer the installment and interest in process of collection on the
current tax list, and may pay the remaining principal balance of the assessment to the City Treasurer.
4. The Clerk shall file the assessment rolls pertaining to this assessment in her office and shall
certify annually to the County Auditor on or before November 30th of each year the total amount of
installments and interest on assessments on each parcel of land which are to become due in the
following year.
5. The work completed under said contract is hereby accepted and approved.
6. The City Clerk and Mayor are hereby directed to issue a proper order for the final payment
on such contract in the amount of $10,958.64, taking the contractor's receipt in full.
Page 156 of 231
Adopted in session of the City Council of the City of
Shakopee, Minnesota, held this day of , 2019.
Mayor of the City of Shakopee
ATTEST:
City Clerk
H:\ENG\Administration\City Council\2019\2019 Street Reconstruction\PH-Levy Assessments
Page 157 of 231
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(FRONT FOOTAGE ASIS)
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CORNER LOT
PROJECT BOUNDARY
SHAKOPEE ENGINEERINO DEPARIVENT
FINAL -ASSESSMENT ROLL
2019 Street & Utility Reconstruction - CIF-19-003
STREET
ASSESSMENT
$ 2,149.50
$ 4,299.00
$ 6,448.50
$ 2,149.50
$ 2,149.50
$ 2,149.50
$ 2,149.50
$ 4,299.00
$ 4,299.00
$ 2,149.50
$ 2,149.50
$ 4,299.00
$ 2,149.50
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LEGAL DESCRIPTION
SubdivisionName CITY OF SHAKOPEE Lot 005 Block 059
SubdivisionCd 27001
SubdivisionName CITY OF SHAKOPEE Lot 006 Block 059
SubdivisionCd 27001
SubdivisionName CITY OF SHAKOPEE Lot 005 Block 070
SubdivisionCd 27001
SubdivisionName CITY OF SHAKOPEE Lot 006 Block 070
SubdivisionCd 27001
SubdivisionName CITY OF SHAKOPEE Lot 001 Block 071
SubdivisionCd 27001
SubdivisionName CITY OF SHAKOPEE Lot 010 Block 071
SubdivisionCd 27001
SubdivisionName CITY OF SHAKOPEE Lot 001 Block 079
SubdivisionCd 27001
SubdivisionName CITY OF SHAKOPEE Lot 002 Block 079
SubdivisionCd 27001
SubdivisionName CITY OF SHAKOPEE Lot 003 Block 079
SubdivisionCd 27001
SubdivisionName CITY OF SHAKOPEE Lot 004 Block 079
SubdivisionCd 27001
SubdivisionName CITY OF SHAKOPEE Lot 006 Block 102
SubdivisionCd 27001
SubdivisionName CITY OF SHAKOPEE Lot 008 Block 102
SubdivisionCd 27001
SubdivisionName CITY OF SHAKOPEE Lot 009 Block 102
SubdivisionCd 27001
PROPERTY ADDRESS
405 5TH AVE W
SHAKOPEE, MN 55379
412 SCOTT ST S
SHAKOPEE, MN 55379
403 6TH AVE W
SHAKOPEE, MN 55379
408 5TH AVE W
SHAKOPEE, MN 55379
335 6TH AVE W
SHAKOPEE, MN 55379
340 5TH AVE W
SHAKOPEE, MN 55379
635 SOMMERVILLE ST S
SHAKOPEE, MN 55379
307 7TH AVE E
SHAKOPEE, MN 55379
309 7TH AVE E
SHAKOPEE, MN 55379
335 7TH AVE E
SHAKOPEE, MN 55379
706 SPENCER ST S
SHAKOPEE, MN 55379
320 7TH AVE E
SHAKOPEE, MN 55379
705 SOMMERVILLE ST S
SHAKOPEE, MN 55379
PROPERTY OWNER
MURRAY MICHAEL C & NICOLE M
405 5 AVE W
SHAKOPEE, MN 55379
LEADSTROM BRITTNEY L
1397 BALSAM TRL
SHAKOPEE, MN 55379
WHITE KYLE W
6336 OVERLOOK CT
SAVAGE, MN 55378
UNZE CARRIE A & BRIAN H
1245 MILLER ST S
SHAKOPEE, MN 55379
SHARP KELLEY
335 6 AVE W
SHAKOPEE, MN 55379
COLE ROBERT J
340 5 AVE W
SHAKOPEE, MN 55379
WILSON SHANTE L
635 SOMMERVILLE ST S
SHAKOPEE, MN 55379
MADISON SHERYL L
307 7 AVE E
SHAKOPEE, MN 55379
O'KEEFE KEVIN R
309 7 AVE E
SHAKOPEE, MN 55379
DAGNER RENEE E
335 7TH AVE E
SHAKOPEE, MN 55379
BERENS JOHN A & SUSAN B
706 SPENCER ST S
SHAKOPEE, MN 55379
DALLMANN PAUL H
320 7 AVE E
SHAKOPEE, MN 55379
CHEEVER VICTOR M
705 SOMMERVILLE ST S
SHAKOPEE, MN 55379
270014390
270014410
270015310
270015320
270015360
270015450
270015920
270015940
270015950
270015960
270017630
270017650
270017660
Page 161 of 231
FINAL -ASSESSMENT ROLL
2019 Street & Utility Reconstruction - CIF-19-003
STREET
ASSESSMENT
$ 2,149.50
$ 4,299.00
$ 4,299.00
$ 2,149.50
$ 2,149.50
$ 2,149.50
$ 2,149.50
$ 2,149.50
$ 2,149.50
$ 2,149.50
$ 2,149.50
$ 4,299.00
$ 1,074.75
FRONT FOOTAGE
BASIS
0
CO
C.
CO
0
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C.
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LEGAL DESCRIPTION
SubdivisionName MACEY 2ND ADDN Lot 001 Block 001
SubdivisionCd 27097
SubdivisionName MACEY 2ND ADDN Lot 001 Block 002
SubdivisionCd 27097
SubdivisionName MACEY 2ND ADDN Lot 002 Block 002
SubdivisionCd 27097
SubdivisionName MACEY 2ND ADDN Lot 003 Block 002
SubdivisionCd 27097
SubdivisionName MACEY 2ND ADDN Lot 004 Block 002
SubdivisionCd 27097
SubdivisionName MACEY 2ND ADDN Lot 005 Block 002
SubdivisionCd 27097
SubdivisionName MACEY 2ND ADDN Lot 006 Block 002
SubdivisionCd 27097
SubdivisionName MACEY 2ND ADDN Lot 007 Block 002
SubdivisionCd 27097
SubdivisionName MACEY 2ND ADDN Lot 008 Block 002
SubdivisionCd 27097
SubdivisionName MACEY 2ND ADDN Lot 009 Block 002
SubdivisionCd 27097
SubdivisionName MACEY 2ND ADDN Lot 010 Block 002
SubdivisionCd 27097
SubdivisionName MACEY 2ND ADDN Lot 011 Block 002
SubdivisionCd 27097
SubdivisionName MACEY 2ND ADDN Lot 001 Block 003
SubdivisionCd 27097
PROPERTY ADDRESS
407 MINNESOTA ST S
SHAKOPEE, MN 55379
427 MINNESOTA ST S
SHAKOPEE, MN 55379
447 MINNESOTA ST S
SHAKOPEE, MN 55379
467 MINNESOTA ST S
SHAKOPEE, MN 55379
469 MINNESOTA ST S
SHAKOPEE, MN 55379
487 MINNESOTA ST S
SHAKOPEE, MN 55379
489 MINNESOTA ST S
SHAKOPEE, MN 55379
507 MINNESOTA ST S
SHAKOPEE, MN 55379
509 MINNESOTA ST S
SHAKOPEE, MN 55379
527 MINNESOTA ST S
SHAKOPEE, MN 55379
529 MINNESOTA ST S
SHAKOPEE, MN 55379
547 MINNESOTA ST S
SHAKOPEE, MN 55379
406 MINNESOTA ST S
SHAKOPEE, MN 55379
PROPERTY OWNER
PIEKARSKI DAVID M
407 MINNESOTA ST S
SHAKOPEE, MN 55379
DAVTYAN SAMVEL
427 MINNESOTA ST S
SHAKOPEE, MN 55379
WENDORFF GARY R
447 MINNESOTA ST S
SHAKOPEE, MN 55379
DASSRATH RAYMOND
526 MINNESOTA ST S
SHAKOPEE, MN 55379
GALLAGHER ROXANNE
469 MINNESOTA ST S
SHAKOPEE, MN 55379
CLARKE JENNIFER
487 MINNESOTA ST S
SHAKOPEE, MN 55379
UHRICH BRITTNEY
489 MINNESOTA ST S
SHAKOPEE, MN 55379
MORSE JANA
507 MINNESOTA ST S
SHAKOPEE, MN 55379
SAO SAMAUN
509 MINNESOTA ST S
SHAKOPEE, MN 55379
PUMPER DAVID F
527 MINNESOTA ST S
SHAKOPEE, MN 55379
ESPINO RAMIRO
186 ARABIAN AVE W
SHAKOPEE, MN 55379
JOHNSON DAWN M & MICHAEL A
547 MINNESOTA ST S
SHAKOPEE, MN 55379
FRIEDLY ARGIL A & TOMOKO HAUGEN
406 MINNESOTA ST S
SHAKOPEE, MN 55379
270970010
270970020
270970030
270970040
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270970060
270970070
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Page 162 of 231
FINAL -ASSESSMENT ROLL
2019 Street & Utility Reconstruction - CIF-19-003
STREET
ASSESSMENT
$ 2,149.50
O
O
N
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$ 2,149.50
$ 4,299.00
$ 2,149.50
$ 2,149.50
$ 2,149.50
$ 2,149.50
$ 4,299.00
FRONT FOOTAGE
BASIS
O
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LEGAL DESCRIPTION
SubdivisionName MACEY 2ND ADDN Lot 002 Block 003
SubdivisionCd 27097
SubdivisionName MACEY 2ND ADDN Lot 003 Block 003
SubdivisionCd 27097
SubdivisionName MACEY 2ND ADDN Lot 004 Block 003
SubdivisionCd 27097
SubdivisionName MACEY 2ND ADDN Lot 005 Block 003
SubdivisionCd 27097
SubdivisionName MACEY 2ND ADDN Lot 006 Block 003
SubdivisionCd 27097
SubdivisionName MACEY 2ND ADDN Lot 007 Block 003
SubdivisionCd 27097
SubdivisionName MACEY 2ND ADDN Lot 008 Block 003
SubdivisionCd 27097
SubdivisionName MACEY 2ND ADDN Lot 009 Block 003
SubdivisionCd 27097
SubdivisionName MACEY 2ND ADDN Lot 010 Block 003
SubdivisionCd 27097
PROPERTY ADDRESS
408 MINNESOTA ST S
SHAKOPEE, MN 55379
426 MINNESOTA ST S
SHAKOPEE, MN 55379
446 MINNESOTA ST S
SHAKOPEE, MN 55379
466 MINNESOTA ST S
SHAKOPEE, MN 55379
486 MINNESOTA ST S
SHAKOPEE, MN 55379
488 MINNESOTA ST S
SHAKOPEE, MN 55379
506 MINNESOTA ST S
SHAKOPEE, MN 55379
508 MINNESOTA ST S
SHAKOPEE, MN 55379
526 MINNESOTA ST S
SHAKOPEE, MN 55379
PROPERTY OWNER
LALLAK JAMES J & MELINDA A
408 MINNESOTA ST S
SHAKOPEE, MN 55379
SPAGENSKE WAYNE
426 MINNESOTA ST S
SHAKOPEE, MN 55379
CANCHARI-NUNEZ JAVIER
446 MINNESOTA ST S
SHAKOPEE, MN 55379
LELYUKH PETER & NATALYA
466 MINNESOTA ST S
SHAKOPEE, MN 55379
PAULSON BRANDON L
486 MINNESOTA ST S
SHAKOPEE, MN 55379
ASCIC JASMIN
488 MINNESOTA ST S
SHAKOPEE, MN 55379
PODOLSKE ANN M
506 MINNESOTA ST S
SHAKOPEE, MN 55379
BACKLUND NICHOLAS & SHEILA
6552 W 250 ST
BELLE PLAINE, MN 56011
DASSRATH RAYMOND R & EILEEN
526 MINNESOTA ST S
SHAKOPEE, MN 55379
270970140
270970150
270970160
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270970210
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Page 163 of 231
FINAL -ASSESSMENT ROLL
2019 Street & Utility Reconstruction - CIF19-003
STREET
ASSESSMENT
$ 10,174.30
$ 10,174.30
$ 5,058.49
ACTUAL FRONT
FOOTAGE
CN
N
.r
CD
o
LEGAL DESCRIPTION
SubdivisionName CITY OF SHAKOPEE Lot 001 Block 058
SubdivisionCd 27001
SubdivisionName CITY OF SHAKOPEE Lot 001 Block 058
SubdivisionCd 27001
SubdivisionName CITY OF SHAKOPEE Lot 007 Block 059
SubdivisionCd 27001
PROPERTY ADDRESS
325 5TH AVE W
SHAKOPEE, MN 55379
325 5TH AVE W
SHAKOPEE, MN 55379
325 5TH AVE W
SHAKOPEE, MN 55379
PROPERTY OWNER
SCOTT COUNTY TAXATION DEPT
200 4 AVE W
SHAKOPEE, MN 55379
SCOTT COUNTY TAXATION DEPT
200 4 AVE W
SHAKOPEE, MN 55379
SCOTT COUNTY TAXATION DEPT
200 4 AVE W
SHAKOPEE, MN 55379
GL
270014340
270014340
270014420
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TOTAL ASSESSMENTS
Page 164 of 231
CERTIFICATE OF COMPLETION
CONTRACT NO: CIF-19-003 DATE: October 28, 2019
PROJECT DESCRIPTION: 2019 Street & Utility Reconstruction
CONTRACTOR: Ryan Contracting Co.
26480 France Ave., PO Box 246
Elko New Market, MN 55020
ORIGINAL CONTRACT AMOUNT $ 1,061,440.50
QUANTITY CHANGE AMOUNT $ -0-
CHANGE ORDER NO. THRU NO. AMOUNT $ -0-
FINAL CONTRACT AMOUNT $ 1,095,863.23
LESS PREVIOUS PAYMENTS $ 1,084,904.59
FINAL PAYMENT 5 10,958.64
I, hereby certify that the above described work was inspected under my direct supervision and
that, to the best of my belief and knowledge, I find that the same has been fully completed in all
respects according to the contract, together with any modifications approved by City Council.
I, therefore, recommend above specified final payment be made to the above named
Contractor.
Pro essional Engineer
Page 165 of 231
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Page 176 of 231
11.A.1.
Shakopee City Council
November 6, 2019
FROM: Michael Kerski, Director of Planning & Development
TO: Mayor and Council Members
Subject:
Ordinance to protect the city's water supply
Policy/Action Requested:
Adopt Ordinance No. 02019-13 adding Section 103.21 to the City Code prohibiting private
wells on properties where city water services are available within 1000 feet.
Recommendation:
Motion to Adopt Ordinance No. 02019-13
Discussion:
The Shakopee water system is supposed to provide safe, clean drinking water to the
residents and businesses in Shakopee. The city's source of drinking water comes from
groundwater, which soaks into the soil from rain and snow and moves downward to fill
cracks and other openings in beds of rock and sand, known as aquifers.
Envision Shakopee, the city's 2040 Comprehensive Plan, calls for the protection of the
city's water system.
Water is sent to customers from public wells that have been drilled into these aquifers
throughout the city.
By limiting private wells to areas that are not currently served by the water system, the city
is protecting its residents and businesses by providing water through its public well system.
Limited access to the groundwater through wells within the service area protects the aquifer
by minimizing opportunities for that area's groundwater being drawn down and also from
possible contamination from other wells being drilled.
Existing wells within the service area in operation prior to adoption and publication of this
Ordinance would be allowed to remain in use.
Page 177 of 231
Budget Impact:
ATTACHMENTS:
D Ordinance
Page 178 of 231
ORDINANCE NO. 02019-013
AN ORDINANCE OF THE CITY OF SHAKOPEE ADDING SECTION 130.21 TO THE
CITY CODE PROHIBITING PRIVATE WELLS ON PROPERTIES WHERE CITY
WATER SERIVCES ARE AVAILABLE WITHIN 1000 FEET
Whereas, the City Council of the City of Shakopee finds that it is necessary to protect the
integrity of the City Water Utility and its system to ensure adequate water supplies to meet the
health, safety and welfare needs of the City and its residents; and
Whereas, to accomplish the above purpose, the City Council desires to prohibit the drilling
or construction of private wells for domestic use on properties where City water Services are
available within 1000 feet, unless allowed by a previous written agreement with the City or its
Utilities Commission.
The City Council of Shakopee, Minnesota ordains:
Section 1. Chapter 130 of the Shakopee City Code is amended to add the following Section:
§ 130.21 PRIVATE WELL PROHIBITION
(A) Definitions. For the purpose of this section, the following definitions shall apply unless
the context clearly indicates or requires a different meaning.
(1) Domestic use means water that is used for drinking or potable water, non -potable
water or irrigation purposes, but shall not include water from wells drilled for
purposes such as dewatering, groundwater monitoring, heating or cooling, elevator
borings or environmental bore holes.
(2) Irrigate means to supply land with water by any artificial means, as by diverting
streams, flooding, or spraying, to moisten or wet.
(3) Private Well for Domestic Use means any well not owned by the City Water Utility
that are drilled for potable water, non -potable water or irrigation purposes including
sand point or drive point wells. "Private Wells for Domestic Use" shall not include
wells drilled for such purposes as dewatering, groundwater monitoring, heating or
cooling, elevator borings or environmental bore holes.
(4) Sand point or drive point well means a shallow well that is a 1-1/4 to 2-inch steel
casing constructed by driving or pounding the casing down into the ground until an
aquifer is encountered.
Page 1
Page 179 of 231
(b) Prohibition. No Private Well for Domestic Use may be drilled or otherwise constructed on
or after January 1, 2020 on any property where City Water Utility Service is available within 1,000
feet unless the City or its Public Utilities Commission has previously entered into an agreement
with the property owner allowing for the drilling or construction of a Private Well for Domestic
Use.
Section 2. Effective Date. This ordinance becomes effective from and after its adoption
and publication
Passed by the City Council of Shakopee, Minnesota this 6th day of November 2019.
Mayor
Attested:
City Clerk
Page 180 of 231
Page 2
12.A.
Shakopee City Council
November 6, 2019
FROM: Nate Burkett, Assistant City Administrator
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:
• MKSK requested payment for engineering consulting services for PLSL Channel
Improvements -Ridge Creek Park. $25,355.00
• Northwest Asphalt submitted pay voucher #1 for Wood Duck Trail Reconstruction.
The project is 100% completed. $332,939.77
• Ryan Co submitted pay voucher #4 for 2019 Street and Utility Reconstruction. This
project is also 100% complete. $151,892.02
• SM Hentges & Sons pay voucher #4 for 12th Avenue Reconstruction is at 52%
complete as of this voucher dated 8/31/2019. $851,441.97
Included in the check list are various refunds, returns, and pass through.
Budget Impact:
Operating and capital expenditures within the 2019 budget
Page 181 of 231
ATTACFIMENTS:
D Council Check Summary
D Monthly Financial Report
D Council Check Register
D Bill List Transfers
Page 182 of 231
10/31/201913:20:06
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Page 183 of 231
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CITY OF SHAKOPEE
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Page 221 of 231
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CITY OF SHAKOPEE
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Page 222 of 231
10/31/201913:19:52
CITY OF SHAKOPEE
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Council Check Register and Summary
10/31/2019
Business Unit
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OSHAKOPEE MONTHLY ALLOCATION
NATURAL RESOURCES
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COMMUNITY CENTER
TEEN CENTER
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0 0 0 0 0 0 0 0 0 0
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7800.4840
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7805.4840
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7806.4840
BUILDING I.S. FUND
7810.4840
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Page 228 of 231
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Council Check Register and Summary
10/31/2019
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OSHAKOPEE MONTHLY ALLOCATION
M
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125128 OUS BANK MERCHANT CONNECT
INSPECTION
CREDIT CARD FEES
0331.6650
INSPECTION
CREDIT CARD FEES
0331.6650
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0321.6650
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CREDIT CARD FEES
0671.6650
SEPT 2019
ICE ARENA
CREDIT CARD FEES
0673.6650
SEPT 2019
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2121.4850
DWI FORFEITURE
FINES & FORFEITS
2121.4821
DWI FORFEITURE
FINES & FORFEITS
2121.4821
DWI FORFEITURE
FINES & FORFEITS
2121.4821
ESCROW FUND
EVIDENCE ROOM DEPOSIT
8040.2352
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FINES & FORFEITS
2120.4821
FORFEITURE
FINES & FORFEITS
2120.4821
FORFEITURE
FINES & FORFEITS
2120.4821
ESCROW FUND
EVIDENCE ROOM DEPOSIT
8040.2352
W W W W W W W
0 0 0 0 0 0 0
1- I- I- I- I- I- I-
J J J J J J J
BLDG PERMIT - SURCHARGE
PLUMBING PERMIT -SURCHARGE
ELECTRIC PERMIT -SURCHARGE
HEATING PERMIT -SURCHARGE
W & S PERMIT -SURCHARGE
FIRE PERMIT- SURCHARGE
BLDG PERMIT - SURCHARGE
INSPECTION
ADMINISTRATIVE CHARGES
0 ,— N CO Lf) 0 N—
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19-005127 TEJEDA 100424
19-005127 TEJEDA 100169
19-005127 TEJEDA
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10/13/2019
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NSP SURCHG PMT- 09/
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NSP SURCHG PMT- 09/
NSP SURCHG PMT- 09/
NSP SURCHG PMT- 09/
NSP SURCHG PMT- 09/
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10/14/2019
COMMUNITY CENTER
BANK FEES- NSF FEE
0674.6660
MAINTENANCE FEES- 09/19
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CITY OF SHAKOPEE
LOGIS100
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Council Check Register by GL
Council Check Register and Summary
10/31/2019
Business Unit
Account No
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Supplier / Explanation
Continued...
OMONEYMOVERS
10/14/2019
125134 OMNDOR- SPECIAL FUEL TAX
10/15/2019
GENERAL FUND
FUEL TAX PAYABLE
1000.2082
PAYMENT- 09/19
GENERAL FUND
FUEL TAX PAYABLE
1000.2082
PAYMENT- 09/19
CO CO
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FUEL TAX PAYMENT- 09/19
OMNDOR- SALES TAX
CO
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FUEL TAX PAYABLE
1000.2082
PAYMENT- 09/19
GENERAL FUND
1000.2080
PAYMENT- 09/19
GENERAL FUND
SALES TAX PAYABLE
PAYMENT- 09/19
Ln LC) Ln
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SALES TAX PAYMENT- 09/19
SALES TAX PAYMENT- 09/19
Ln O O O
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10/15/2019
OLYNCH CAPITAL CORP
10/25/2019
COMMUNITY CENTER
CAPITAL LEASE PAYMENT
0674.6830
CL#31-10/19
COMMUNITY CENTER
DEBT SERVICE - OTHER CHARGES
0674.6890
CL#31-10/19
COMMUNITY CENTER
EQUIPMENT RENT
0674.6420
OL#31-10/19
CO 00 0)
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CL#31- 10/19
CL#31- 10/19
OL#31- 10/19
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10/28/2019
PERSONNEL - PAYROLL
OTHER PROF SERVICES
0123.6327
PERSONNEL - PAYROLL
OTHER PROF SERVICES
0123.6327
rn rn
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HSASERVICE FEE- 10/19
FSASERVICE FEE- 10/19
O
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10/29/2019
SWMDTF - STATE GRANT
WAGES FT REG
8025.6003
SEPT 2019
SWMDTF - STATE GRANT
WAGES FT REG
8025.6003
SEPT 2019
SWMDTF - MATCH
OTHER PROF SERVICES
8826.6327
SEPT 2019
rn - 0) rn
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SH- RECEIPT 0311.4642
SH- RECEIPT 0311.4642
SH- RECEIPT 0151.4511
O O O
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2,074,219.67
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Page 230 of 231
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Funds transferred electronically October 16, 2019 to November 6, 2019
PAYROLL $711,684.80
FIT/FICA $198,423.33
STATE INCOME TAX $42,747.24
P E RA $208,147.49
HEALTH CARE SAVINGS $31,187.44
HEALTH SAVINGS ACCT $17,122.06
NATIONWIDE DEF COMP $23,275.39
ICMA DEFERRED COMP $4,343.34
MSRS $10,917.04
FSA $3,681.23
MN WAGE LEVY $0.00
Child Support $748.95
Total $1,252,278.31
Page 231 of 231